Is this the end of the rule of law in America?
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When protests broke out over immigration raids in Los Angeles, President Trump was quick to send in federal troops. Claiming the demonstrations were destructive, the president ordered the deployment of roughly 4,000 National Guard troops and 700 Marines. If I didn't get involved, if we didn't bring the Guard in, and we would bring more in if we needed it, because we have to make sure there's going to be law and order. You had...

California officials objected to the deployment of federal troops. California Governor Gavin Newsom filed a lawsuit against the Trump administration last Monday.

He's inciting just the same and more fear, more anxiety, more likelihood that people are going to be hurt. We're on the other side of the red line. This has little precedent in modern American history.

The suit accuses the administration of violating federal law and breaching the 10th Amendment of the U.S. Constitution. The mobilization order that was sent to the Guard has a statute that requires it shall be issued through governors of the states. And I want to remind people listening, this impacts everybody.

In an initial ruling, a federal judge rejected Trump's rationale for federalizing the National Guard, ordering the Guard to be returned to Newsom's control. But just hours later, an appeals court put that order on hold. And for now, thousands of members of California's National Guard remain under Trump's control.

What happens next could have far-reaching implications for the division of powers in government. And one former federal judge is issuing a grave warning. He's saying President Trump is waging war on the courts, and that jeopardizes American democracy. Consider this. The clash over federalizing the National Guard in Los Angeles is just the latest battle between Trump and the courts over the limits of a president's power. From NPR, I'm Scott Detrow.

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It's Consider This from NPR. Since the start of his second term, President Trump has been at odds with the federal courts. From deporting immigrants without due process, to attacks on the press, to targeting law firms that he views as harboring his political rivals or impeding his policy agenda. The protests in L.A. are just the latest series of events to raise huge questions about presidential power. In this case, whether the president can use military force to control protests.

One former federal judge has a stark warning that Trump's actions don't just present legal disputes. They could signal the end of the rule of law in America.

J. Michael Ludig served as a federal judge for nearly 15 years. He recently wrote a piece in The Atlantic about President Trump at the federal courts called, quote, the end of rule of law in America. I talked with Judge Ludig about the piece and asked him what he thought of California's case against the Trump administration. The question that's posed by these litigations is whether the riots that have taken place, the disturbances, the riots in Los Angeles and other cities around the country, are

rise to the level of the kind of emergency or crisis that would authorize the president to call up the National Guard. At first blush, many lawyers and constitutional thinkers believe that there's no such crisis or emergency that would justify the president's calling up of the National Guard.

I mean, it just feels like in so many of these cases, President Trump is finding ways to maximize presidential power in ways that other administrations for a wide variety of reasons never did. I mean, like no one, it is very hard to stop a president from nationalizing the National Guard, even if the reason is dubious, seems to be a takeaway from this and so many other similar takeaways. Well, that's an excellent point. And virtually all of his signature initiatives are

of his presidency thus far has relied upon emergency powers that he either has inherent as president or powers that have been conferred upon him, emergency powers, by the Congress of the United States. Now, in every single one of those instances, Scott, I believe that

that there has not been the requisite crisis, emergency, invasion, rebellion. Those are the operative words of the respective statutes to justify this president's invocation.

of those emergency powers. I want to follow up on that in a moment. But first, I think it's important to characterize your point of view in all of this and just give listeners who aren't familiar a little bit of context. You were appointed to the federal bench by a Republican president, President George H.W. Bush. Over the years, you were considered a conservative jurist, but you have also raised serious warnings about President Trump. How would you characterize your point of view, your concerns right now?

Well, I'm gravely worried about the president's attempted use of powers

which he does not have, even arguably have. Judge Ludwig, do you feel like worries that the president will straight up ignore an order have influenced Supreme Court rulings so far with President Trump? Well, he already has. That's the Garcia case. And then he's thumbed his nose at Trump.

virtually every lower court decision. Does that mean he effectively has this power then? You're talking about things that he doesn't have the power to do. He does them anyway. Courts rule in. He ignores the orders. So does he effectively have these powers that on paper he didn't have? This president of the United States is defying the Constitution and the laws of the United States every single day.

And he has thrown every one of these issues, of course, into the federal courts, overwhelming the federal courts to the point that he effectively has assumed those powers because the courts are unable to reject his claims in time so that he does get away with it.

That's a remarkably sad commentary on this president and on America at this moment. Judge Lig, I don't want to put a positive spin on what's been a very blunt conversation with your blunt concerns, but I'm wondering, is there one specific thing that you think could happen today?

to improve the situation from your point of view? Whether it's the Supreme Court taking a stronger stance or anything else, like what to you would ease your concerns just a little bit at this point in time, if anything? - The only thing, Scott, that can end this war on the federal courts and the rule of law in America is for the President of the United States to stand down. He is the one who has instigated this war.

But it's crystal clear that at this moment, he does not want to end that war, and he has no intention of ending that war. That is former federal judge J. Michael Ludig. Thank you so much for talking to us. Thank you, Scott. This episode was produced by Chi Maccami with audio engineering by Simon Laszlo Janssen. It was edited by Tinbait Yirmias. Our executive producer is Sammy Gannigan. It's Consider This from NPR. I'm Scott Detrow. ♪

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