We Need To Talk About Trump’s Maritime Murders

Key Takeaways

The administration's "murder strikes" against alleged drug traffickers raise significant legal and ethical concerns.
Supreme Court oral arguments addressed First Amendment challenges by crisis pregnancy centers to state subpoenas.
The Court considered internet service provider liability for users' copyright infringements in a high-stakes case.
Discussions included appellate review of asylum claims and the use of Section 1983 for challenging criminal convictions.
The Supreme Court's shadow docket activity saw an administrative stay in a Trump administration case.

The Trump administration conducted a bombing campaign against alleged drug traffickers at sea, resulting in 87 deaths in 22 strikes.
New reporting detailed a September strike where two survivors were killed in a second strike 40 minutes after the first.
Legal experts argue that labeling drug traffickers as combatants misinterprets laws of force, and killing incapacitated individuals constitutes murder and a war crime.

Senators were briefed on video evidence of a strike, showing survivors clinging to wreckage before a subsequent strike killed them.
Some senators called for the video's release, while others, like Senator Tom Cotton, defended the actions as lawful.
Potential congressional actions include holding hearings, subpoenaing documents, passing legislation to prohibit force, and impeachment.

The Supreme Court heard arguments in First Choice v. Platkin, concerning when a state subpoena recipient can file a First Amendment objection in federal court.
Erin Hawley, representing First Choice, argued the subpoena violates First Amendment rights by chilling association, comparing it to NAACP v. Patterson.
The state of New Jersey claims the subpoena is routine consumer protection enforcement, not targeting the center's pro-life mission.

A key issue discussed was whether the New Jersey subpoena is 'self-executing,' which would allow immediate challenge in federal court.
Justice Gorsuch suggested the subpoena was self-executing, while Justice Barrett appeared to accept the state's argument it was not.
The discussion referenced precedents like Lyons and Clapper, emphasizing that backward-facing allegations are often insufficient for standing.

The discussion highlighted concerns that conservative organizations might fabricate narratives of targeting against crisis pregnancy centers.
The hosts expressed worry that conservative justices might not neutrally treat future targets of politicized investigations.
The politicization of law enforcement, particularly under the Trump administration, has influenced assumptions about legal enforcement.

The Supreme Court heard Cox Communications v. Sony, concerning internet service providers' upstream liability for users' copyright infringements.
Cox argues upholding the Fourth Circuit's $1 billion damage award would force ISPs to evict alleged infringers, disrupting services.
Sony contends Cox was repeatedly notified of infringements but failed to act, raising questions under tort doctrine, copyright law, and the Digital Millennium Copyright Act.

The case Olivier v. Brandon concerns the doctrine preventing Section 1983 claims from challenging criminal convictions that should be addressed via habeas corpus.
The case involves a Christian individual fined for protesting outside an amphitheater, arguing the ordinance violates his religious freedom.
The Supreme Court will analyze potential implications for future cases and how to navigate past precedents set by Justice Scalia.

The Supreme Court has granted certiorari in a birthright citizenship case, prompting speculation about its implications.
Chief Justice Roberts granted an administrative stay in a Trump administration case, challenging restrictions on public statements by immigration judges.
The administrative stay signals an increase in "shadow docket" activity at the Supreme Court.

Republican women, including Representatives Nancy Mace and Elise Stefanik, expressed dissatisfaction with House Speaker Mike Johnson's engagement on policy.
A New York Times report highlighted Johnson's views on distinct gender roles, contributing to Republican discontent.
Separately, local protests against ICE presence in Chicago during Thanksgiving were highlighted, with support shared for 'Hands Off Chicago'.