Largest delegalization in US history
Leah Litman described the potential mass rescission of TPS across multiple nationalities as the largest delegalization in United States history.
Snapshot · Pod Save America
The MAGA Supreme Court's Assault on America
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Jun 28, 2026
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The 6-3 TPS Ruling: Stripping Legal Status from 350,000 Haitians
At 11:35 · chapter starts 4:10
This is the week's most immediately devastating ruling. Leah explains that TPS — which requires the executive branch to consult across agencies and document changed conditions before ending the program — was rescinded for Haitian and Syrian nationals by Kristi Noem in late 2025 [1] — Leah Litman "The Supreme Court ruled that courts can no longer check whether the executive branch followed the law before ending TPS — effectively makin…" 04:10 . Emails show DHS asked the State Department to weigh in on Haiti's conditions and then canceled TPS before State ever responded. That's not consultation. And on top of the statutory violation, Trump's own words — calling Haiti a 'shithole country,' claiming Haitians had AIDS, accusing them of poisoning American blood — point squarely to racial animus [2] — Leah Litman "Trump called Haiti a 'shithole country,' said Haitians had AIDS, and accused them of poisoning American blood — and Alito declared none of …" 09:03 . Sam Alito's opinion does neither: it erases the statutory review mechanism entirely (courts can no longer check whether the executive followed the required process) and declares Trump's remarks 'not overtly racial' without quoting a single one. Justice Kagan's dissent notes the ruling effectively tells the government it can 'put these people on the next plane.'
The TPS Ruling: Statutes Become Suggestions
The Supreme Court ruled that courts can no longer check whether the executive branch followed the law before ending TPS — effectively making federal statutes optional for any president. Leah Litman says Trump or any official could now openly defy these laws without legal consequence.
Courts can no longer review TPS statutory compliance
Sam Alito's majority opinion wiped away decades of precedent allowing courts to ensure the executive branch followed required processes before ending TPS programs.
Racial Animus Alito Won't Even Quote
Trump called Haiti a 'shithole country,' said Haitians had AIDS, and accused them of poisoning American blood — and Alito declared none of it 'overtly racial' without quoting a single remark. If you won't repeat what someone said to prove they're not racist, that's the tell.
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