Power Lines

This Week in Democracy

• The U.S. Supreme Court ruled that the federal law cited by the Trump administration does not allow the president to unilaterally impose tariffs. In their ruling, the justices pointed to the plain language of the law and the Constitution’s separation of powers that gives Congress, not the president, the power to impose taxes.

  Twelve state attorneys general sued the administration last year, arguing that the president’s broad, worldwide tariffs were illegal. “At a time when we should all be working together to do everything in our power to keep the cost of living down for working families, the president tried to sidestep Congress to increase prices on groceries, utilities, and basic everyday necessities,” Oregon Attorney General Dan Rayfield, who led the lawsuit, said in a statement about the Supreme Court’s decision.

  ➡️ READ: Sharing the Facts About the Limits of Presidential Power on Tariffs

• President Trump wrote on social media that he would sign an executive order to require Americans to show identification when voting in this year’s midterm elections. He wrote that the requirement would be in place “whether approved by Congress or not.” But without congressional approval, it’s unclear how such a requirement would be enforced since the president alone has no power over election policies.

  ➡️ READ: Sharing the Facts About President Trump’s Executive Order on Elections

• A group of 16 professors and scholars represented by States United filed a brief in support of three FBI agents fired by the Trump administration. The agents are suing FBI Director Kash Patel, arguing that their firings were part of a “campaign of retribution” against anyone perceived to be disloyal to Trump.

  The group warns that the politicization of law enforcement undermines the rule of law and urges the judge to reject the Trump administration’s request to throw out the case.

  ➡️ MORE: About our brief

• The FBI formally refused requests from state authorities in Minnesota for evidence about the killing of Alex Pretti. The bureau has also withheld information about the killing of Renee Good and others killed by federal agents.

  “While this lack of cooperation is concerning and unprecedented, the [Minnesota Bureau of Criminal Apprehension (BCA)] is committed to thorough, independent and transparent investigations of these incidents, even if hampered by a lack of access to key information and evidence,” BCA Superintendent Drew Evans said in a statement.

  State and local prosecutors demanded that federal officials share information related to Pretti’s killing by March 3, threatening to take legal action against the Department of Homeland Security if their requests remain unaddressed.

• Early voting began in Arkansas, North Carolina, and Texas’s state primary elections. Illinoisans also began heading to the polls earlier this month. You can find your polling place, check your voter registration status, and more at CanIVote.org.

State of the States

In Georgia, civil rights groups filed a lawsuit seeking to limit what the Trump administration is allowed to do with the materials seized from an Atlanta-area elections office last month.

The groups point to Trump’s statements—including his suggestion that his party “nationalize” elections—in explaining that they believe there is a significant risk that Georgia voters’ personal data will be improperly shared with other federal agencies or others outside of the federal government. Those risks can intimidate voters and discourage them from voting, they argue.

In Maryland, Gov. Wes Moore signed a bill into law that requires state law enforcement agencies to end formal partnerships with U.S. Immigration and Customs Enforcement.

“This bill draws a clear line: we will continue to work with federal partners to hold violent offenders accountable, but we refuse to blur the lines between state and federal authority in ways that undermine the trust between law enforcement and the communities they serve,” Moore said.

In North Carolina, the Democratic and Republican parties reached a settlement that would give more than 70,000 voters additional time to provide information to state election officials to verify that they are eligible to vote.

In Oregon, a federal appeals court formally dismissed the Trump administration’s appeal seeking to allow it to take control of the state’s National Guard. The administration asked the court to dismiss the appeal after the U.S. Supreme Court rejected its attempt to take control of the Illinois National Guard.

“Reason and the rule of law have prevailed. Oregon does not want or need military intervention, and President Trump’s actions to federalize the Oregon National Guard were a gross abuse of power,” Oregon Gov. Tina Kotek said in a statement. “This is an example of democracy triumphing over a president who continues to test the limits of the Constitution without legitimacy.”