Main Justice Podcast Summary Episode: "Generally" We Follow the Law
Release Date: May 20, 2025
Hosts: Andrew Weissmann and Mary McCord

Introduction

In this episode of Main Justice, hosts Andrew Weissmann and Mary McCord delve into pressing legal issues surrounding birthright citizenship, Supreme Court proceedings, and recent immigration cases. Their discussion highlights concerns about due process, government accountability, and the integrity of the judicial system under the current administration.

Birthright Citizenship and Supreme Court Oral Arguments

Oral Arguments Overview (00:35 - 07:06)
The hosts begin by dissecting the recent Supreme Court oral arguments on birthright citizenship. They explain that three cases were brought before the court: two by groups of states challenging the executive order redefining birthright citizenship and one case involving pregnant women and asylum seekers. The primary issue revolves around the constitutionality of President Trump's attempt to limit citizenship to children born to at least one citizen or lawful permanent resident parent, affecting both undocumented and temporarily legal residents.

Notable Quote:
Andrew Weissmann remarks, “[Andrew, Mary,] 'I also, because there was so much news that was breaking and we thought we were going to and we are going to cover sort of two things in the Supreme Court…'" (01:29)
Mary McCord responds with organizational challenges, emphasizing the complexity of the topics at hand.

Government's Request to Restrict Injunctions

Procedural Maneuvering (02:09 - 12:58)
The discussion shifts to the government's strategy of seeking to limit injunctions to specific plaintiffs rather than maintaining nationwide injunctions. Mary McCord provides a detailed analysis of the legal implications, explaining that this approach would make citizenship status dependent on the state of birth and specific plaintiffs involved in the case.

Notable Quote:
Andrew Weissmann criticizes, “If they really had the courage of their convictions, why weren't they trying to simultaneously get their view of the law heard at the same time?" (05:45)

Mary McCord further elaborates on the Solicitor General's arguments, highlighting the notion that nationwide injunctions burden individuals and delay substantive legal resolutions.

Notable Quote:
Mary McCord explains, “Justice Kagan was saying, if you keep losing everywhere and what you want is no judge to be able to give a nationwide injunction… you can just decline to do that because you don't really want the Supreme Court to issue a final judgment that you lose." (11:30)

Critique of Supreme Court Justices and Government Practices

Judicial Criticism (12:58 - 24:21)
Andrew Weissmann voices strong criticisms of Supreme Court Justices, particularly Justice Kagan, Justice Alito, and Justice Kavanaugh. He underscores concerns about their handling of nationwide injunctions and the normalization of questionable legal practices.

Notable Quote:
Andrew confronts, “I just was struck by the normalizing that can't we all just get along kind of talk coming from a Justice where there's so much data that is contrary to that..." (18:12)

Mary McCord offers a measured response, acknowledging differing perspectives while maintaining the focus on legal integrity.

Notable Quote:
Mary responds, “I'm not gonna comment on motives of either Justice Alito or Justice Kavanaugh… but … 'We know that the lower court here had just recently denied class certification. Our acceptance of cert in this case vacates that ruling…'" (23:42)

Recent Supreme Court Decisions on Due Process in Immigration Cases

Supreme Court Ruling (24:10 - 36:23)
The hosts discuss a significant Supreme Court decision related to due process in immigration, particularly focusing on a case from Texas involving the Alien Enemies Act. The court ruled 7-2, emphasizing that mere notices of removal are insufficient and that individuals must receive adequate notice and opportunity to challenge their deportation.

Notable Quote:
Mary McCord highlights, “the detainees interests at stake are particularly weighty under these circumstances… they are entitled to constitutionally adequate notice prior to any removal in order to pursue appellate relief." (30:23)

Andrew Weissmann underscores the importance of procedural safeguards, stating, “This is not just a question of delay, that it's going to take a while… you're placing this enormous burden on each individual..." (11:30)

Ongoing Immigration Cases and Government Accountability

Case Studies and Government Misconduct (36:23 - 57:35)
Weissmann and McCord examine several immigration cases illustrating systemic failures in providing due process. They cite instances where the government has failed to identify officers responsible for deportations, lack transparency in removal processes, and misuse of legal mechanisms to bypass judicial orders.

Notable Quote:
Andrew criticizes, “You just voted 9, 0 that there was a due process violation. The next day. This. We were talking about what happened on Thursday…" (24:21)

Mary recounts, “… the judge was very frustrated… this is what our government is doing right now to avoid accountability, avoid actually complying with judges orders." (43:23)

Supreme Court's Stance on Temporary Protected Status (TPS)

TPS Termination and Supreme Court Intervention (55:23 - 58:17)
The episode covers a pivotal Supreme Court decision staying the lower court's injunction against terminating TPS for Venezuelans. Weissmann explains that this stay effectively revokes the protections, leaving hundreds of thousands without status, but maintains their due process rights.

Notable Quote:
Andrew observes, “the Supreme Court has now agreed to stay that decision, which means that there are potentially hundreds of thousands of Venezuelan TPS holders who now have lost their status." (55:23)

Mary adds context to the broader implications, noting ongoing litigation affecting TPS for Afghans and Cameroonians.

Notable Quote:
Mary states, “… Secretary Noem was asked when she was at a hearing before Congress by a senator what habeas corpus means. And you can Google this and see her answer, which is that she says habeas corpus is the power of the president to remove people from this country." (57:35)

Andrew underscores the gravity of this misinterpretation, emphasizing the importance of accurate understanding of legal terms.

Conclusion and Call to Action

Final Thoughts (58:17 - 60:07)
The hosts conclude by reiterating the significance of public engagement and understanding of legal processes to safeguard democracy and constitutional rights.

Notable Quote:
Andrew encourages listeners, “And it is so great that you're staying engaged because I think that is the only salvation for this country." (58:17)

Mary invites audience participation, emphasizing the value of listener questions and ongoing dialogue.

Key Takeaways

• Birthright Citizenship: The Supreme Court is scrutinizing the executive's attempt to redefine citizenship eligibility, raising constitutional and due process concerns.
• Executive Strategies: The government's approach to limiting injunctions and class actions is critiqued for undermining judicial processes and individual rights.
• Judicial Integrity: Concerns are raised about the motivations and actions of certain Supreme Court Justices in handling immigration and due process cases.
• Due Process in Immigration: Recent rulings emphasize the necessity of adequate notice and opportunity for individuals facing deportation to challenge their removal.
• TPS Termination: The Supreme Court's intervention in TPS cases has significant implications for hundreds of thousands of immigrants, highlighting systemic legal challenges.

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