bench

A few months into President Trump’s second term, federal appeals court Judge J. Harvie Wilkinson III — a conservative appointee of President Reagan — issued a scathing opinion denouncing what he found to be the Trump administration’s unlawful removal of Kilmar Abrego Garcia to his native El Salvador, despite a previous court order barring it.

“The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order. Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done,” Wilkinson wrote. “This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear.”

Two months later, U.S. District Judge William G. Young, also a Reagan appointee, ripped into the Trump administration from the bench for its unprecedented decision to terminate hundreds of National Institutes of Health grants based on their perceived nexus to diversity, equity and inclusion initiatives.

Young ruled the cuts were “arbitrary and capricious” and therefore illegal. But he also said there was a “darker aspect” to the case that he had an “unflinching obligation” to call out — that the administration’s actions amounted to “racial discrimination and discrimination against America’s LGBTQ community.”

“I’ve sat on this bench now for 40 years. I’ve never seen government racial discrimination like this,” Young said, explaining a decision the Supreme Court later reversed. “Have we fallen so low? Have we no shame?”

In the year since an aggrieved and combative Trump returned to the White House, his administration has strained the American legal system by testing and rejecting laws and other long-standing policies and defending those actions by arguing the president has a broad scope of authority under the U.S. Constitution.

Administration officials and Justice Department attorneys have argued that the executive branch is essentially the president’s to bend to his will. They have argued its employees are his to fire, its funds his to spend and its enforcement powers — to retaliate against his enemies, blast alleged drug-runners out of international waters or detain anyone agents believe looks, sounds and labors like a foreigner — all but unrestrained.

The approach has repeatedly been met by frustrated federal judges issuing repudiations of the administration’s actions, but also grave warnings about a broader threat they see to American jurisprudence and democracy.

When questioning administration attorneys in court, in stern written rulings at the district and appellate levels and in blistering dissents at the Supreme Court — which has often backed the administration, particularly with temporary orders on its emergency docket — federal judges have used remarkably strong language to call out what they see as a startling disregard for the rule of law.

Legal critics, including more than a hundred former federal and state judges, have decried Trump’s attacks on individual judges and law firms, “deeply inappropriate” nominations to the bench, “unlawful” appointments of unconfirmed and inexperienced U.S. attorneys and targeting of his political opponents for prosecution based on weak allegations of years-old mortgage fraud.

In response, Trump and his supporters have articulated their own concerns with the legal system, accusing judges of siding with progressive groups to cement a liberal federal agenda despite the nation voting Trump back into office. Trump has labeled judges “lunatics” and called for at least one’s impeachment, which drew a rare rebuke from Chief Justice John G. Roberts Jr.

After District Judge Brian E. Murphy temporarily blocked the administration from deporting eight men to South Sudan — a nation to which they had no connection, and which has a record of human rights abuses — Solicitor Gen. D. John Sauer, the administration’s top litigator, called the order “a lawless act of defiance” that ignored a recent Supreme Court ruling.

After District Judge James E. Boasberg began pursuing a criminal contempt investigation into the actions of senior administration officials who continued flights deporting Venezuelan nationals to a notorious Salvadoran prison despite Boasberg having previously ordered the planes turned back to the U.S., government attorneys said it portended a “circus” that threatened the separation of powers.

While more measured than the nation’s coarse political rhetoric, the legal exchanges have nonetheless been stunning by judicial standards — a sign of boiling anger among judges, rising indignation among administration officials and a wide gulf between them as to the limits of their respective legal powers.

“These judges, these Democrat activist judges, are the ones who are 100% at fault,” said Mike Davis, a prominent Republican lawyer and Trump ally who advocates for sweeping executive authority. “They are taking the country to the cliff.”

U.S. District Judge James E. Boasberg began pursuing a criminal contempt investigation into the actions of senior administration officials who continued flights deporting Venezuelan nationals to a notorious Salvadoran prison.

(Valerie Plesch / Bloomberg via Getty Images)

The judges “see — and have articulated — an unprecedented threat to democracy,” said UC Berkeley Law School Dean Erwin Chemerinsky. “They really are sounding the alarm.”

“What the American people should be deeply concerned about is the rampant increase in judicial activism from radical left-wing judges,” said Abigail Jackson, a White House spokesperson. “If this trend continues it threatens to undermine the rule-of-law for all future presidencies.”

“Regardless of which side you’re on on these issues, the lasting impact is that people mistrust the courts and, quite frankly, do not understand the role that a strong, independent judiciary plays in the rule of law, in our democracy and in our economy,” said John A. Day, president of the American College of Trial Lawyers. “That is very, very troubling to anybody who looks at this with a shred of objectivity.”

California in the fight

Last month, California Atty. Gen. Rob Bonta announced his office’s 50th lawsuit against the Trump administration — an average of about one lawsuit per week since Trump’s inauguration.

The litigation has challenged a range of Trump administration policies, including his executive order purporting to end birthright citizenship for the U.S.-born children of many immigrants; his unilateral imposition of stiff tariffs around the world; the administration’s attempt to slash trillions of dollars in federal funding from states, and its deployment of National Guard troops to American cities.

The battles have produced some of the year’s most eye-popping legal exchanges.

In June, Judge Charles R. Breyer ruled against the Trump administration’s decision to federalize and deploy California National Guard troops in Los Angeles, after days of protest over immigration enforcement.

An attorney for the administration had argued that federal law gave Trump such authority in instances of domestic “rebellion” or when the president is unable to execute the nation’s laws with regular forces, and said the court had no authority to question Trump’s decisions.

But Breyer wasn’t buying it, ruling Trump’s authority was “of course limited.”

“I mean, that’s the difference between a constitutional government and King George,” he said from the bench. “This country was founded in response to a monarchy. And the Constitution is a document of limitations — frequent limitations — and enunciation of rights.”

U.S. District Judge Charles Breyer ruled against the Trump administration’s decision to federalize and deploy California National Guard troops to Los Angeles.

(Santiago Mejia / San Francisco Chronicle)

Francesca Gessner, Bonta’s acting chief deputy, said she took Breyer’s remarks as his way of telling Trump and his administration that “we don’t have kings in America” — which she said was “really remarkable to watch” in an American courtroom.

“I remember just sitting there thinking, wow, he’s right,” Gessner said.

The U.S. 9th Circuit Court of Appeals subsequently paused Breyer’s order, allowing the troops to remain in Trump’s control.

In early October, U.S. District Judge Karin J. Immergut barred the deployment of Oregon National Guard troops to Portland, finding that the conditions on the ground didn’t warrant such militarization. The next day, both Oregon and California asked her to expand that ruling to include California National Guard troops, after the Trump administration sent them to Portland in lieu of Oregon’s troops.

Before issuing a second restraining order barring deployments of any National Guard troops in Oregon, a frustrated Immergut laid into the Justice Department attorney defending the administration. “You’re an officer of the court,” she said. “Aren’t defendants simply circumventing my order, which relies on the conditions in Portland?”

More recently, the Supreme Court ruled against the Trump administration in a similar case out of Chicago, finding the administration lacked any legal justification for Guard deployments there. Trump subsequently announced he was pulling troops out of Chicago, Los Angeles and other Democratic-led cities, with California and other states that had resisted claiming a major victory.

Bonta said he’s been pleased to see judges pushing back against the president’s power grabs, including by using sharp language that makes their alarm clear.

U.S. District Court Judge Karin J. Immergut, shown at her 2018 confirmation hearing, barred the deployment of Oregon National Guard troops to Portland.

(Win McNamee / Getty Images)

“Generally, courts and judges are tempered and restrained,” Bonta said. “The statements that you’re seeing from them are carefully chosen to be commensurate with the extreme nature of the moment — the actions of the Trump administration that are so unlawful.”

Jackson, the White House spokesperson, and other Trump administration officials defended their actions to The Times, including by citing wins before the Supreme Court.

Atty. Gen. Pam Bondi said the Justice Department “has spent the past year righting the wrongs of the previous administration” and “working tirelessly to successfully advance President Trump’s agenda and keep Americans safe.”

Sauer said it has won rulings “on key priorities of this administration, including stopping nationwide injunctions from lower courts, defending ICE’s ability to carry out law enforcement duties, and removing dangerous illegal aliens from our country,” and that those decisions “respect the role” of the courts, Trump’s “constitutional authority” and the “rule of law.”

‘Imperial executive’ or ‘imperial judiciary’?

Just after taking office, Trump said he was ending birthright citizenship. California and others sued, and several lower court judges blocked the order with nationwide or “universal” injunctions — with one calling it “blatantly unconstitutional.”

In response, the Trump administration filed an emergency petition with the Supreme Court challenging the ability of district court judges to issue such sweeping injunctions. In June, the high court largely sided with the administration, ruling 6 to 3 that many such injunctions likely exceed the lower courts’ authority.

Trump’s policy remains on hold based on other litigation. But the case laid bare a stark divide on the high court.

In her opinion for the conservative majority, Justice Amy Coney Barrett wrote that universal injunctions were not used in early English and U.S. history, and that while the president has a “duty to follow the law,” the judiciary “does not have unbridled authority to enforce this obligation.”

Supreme Court Justice Amy Coney Barrett accused Justice Ketanji Brown Jackson of pursuing a “startling line of attack” that unconstitutionally aggrandized the powers of judges at the expense of the president.

(Mario Tama / Getty Images)

In a dissent joined by fellow Justices Elena Kagan and Ketanji Brown Jackson, Justice Sonia Sotomayor wrote that enforcement of Trump’s order against even a single U.S.-born child would be an “assault on our constitutional order,” and that Barrett’s opinion was “not just egregiously wrong, it is also a travesty of law.”

Jackson, in her own dissent, wrote that the majority opinion created “a zone of lawlessness within which the Executive has the prerogative to take or leave the law as it wishes, and where individuals who would otherwise be entitled to the law’s protection become subject to the Executive’s whims instead.”

As a result, the president’s allies will fare well, the “wealthy and the well connected” will be able to hire lawyers and go to court to defend their rights, and the poor will have no such relief, Jackson wrote — creating a tiered system of justice “eerily echoing history’s horrors.”

In a footnote, she cited “The Dual State” by Jewish lawyer and writer Ernst Fraenkel, about Adolf Hitler creating a similar system in Germany.

Barrett accused Jackson of pursuing a “startling line of attack” that unconstitutionally aggrandized the powers of judges at the expense of the executive. “Justice Jackson decries an imperial Executive while embracing an imperial Judiciary.”

Jackson questioned why the majority saw a “power grab” by the courts instead of by “a presumably lawless Executive choosing to act in a manner that flouts the plain text of the Constitution.”

What’s ahead?

Legal observers across the political spectrum said they see danger in the tumult.

“I never have been so afraid, or imagined being so afraid, for the future of democracy as I am right now,” Chemerinsky said.

He said Trump is “continually violating the Constitution and laws” in unprecedented ways to increase his own power and diminish the power of the other branches of government, and neither Republicans in Congress nor Trump’s cabinet are doing anything to stop him.

While the Supreme Court has also showed great deference to Trump, Chemerinsky said he is hoping it will begin reaffirming legal boundaries for him.

“Is the court just going to be a rubber stamp for Trump, or, at least in some areas, is it going to be a check?” he said.

Davis said Trump has faced “unprecedented, unrelenting lawfare from his Democrat opponents” for years, but now has “a broad electoral mandate to lead” and must be allowed to exercise his powers under Article II of the Constitution.

“These Democrat activist judges need to get the hell out of his way, because if they don’t, the federal judiciary is gonna lose its legitimacy,” Davis said. “And once it loses its legitimacy, it loses everything.”

Bonta said the Constitution is being “stress tested,” but he thinks it’s been “a good year for the rule of law” overall, thanks to lower court judges standing up to the administration’s excesses. “They have courage. They are doing their job.”

Day, of the American College of Trial Lawyers, said Trump “believes he is putting the country on the right path” and wants judges to get out of his way, while many Democrats feel “we’re going entirely in the wrong direction and that the Supreme Court is against them and bowing to the wishes of the executive.”

His advice to both, he said, is to keep faith in the nation’s legal system — which “is not very efficient, but was designed to work in the long run.”

The scouting report was clear. The Pistons (25-8) were second in the league in points in the paint. They were third in points off turnovers and third in turnovers forced.

The Lakers played directly into Detroit’s hands.

Detroit scored 74 points in the paint, the most allowed by the Lakers all season, and capitalized on 21 Lakers turnovers for 30 points. Entering the game, the Pistons’ 58.1 points in the paint per game were only narrowly behind Oklahoma City’s league-leading 58.2.

“We’ve got to definitely match their physicality,” said Luka Doncic, who led the Lakers with 30 points and 11 assists, but had eight turnovers, which is tied for his second-most in a game this season. “That’s the whole point. We got to match how they play.”

Last week, the Lakers faced Phoenix and Houston, two teams with similar styles to Detroit. The Suns averaged 59 paint points in their two wins over the Lakers in December compared to 44 in the Lakers’ Dec. 14 win. The Rockets poured in 68 paint points on Christmas Day.

The Pistons made more shots in the paint (37) than the Lakers attempted (34) and kept their shooting percentage sky-high when three-pointers started to fall. Detroit, which had been shooting 34.7% from three this season, made 11 of 24 (45.8%) from beyond the arc Tuesday.

“We had a game plan,” James said as the Lakers allowed a season-high 63.2% shooting from the field. “We understand that they’re probably No. 1 in points in the paint in the NBA. They get a lot of their points off fast breaks and in the paint. So we knew we’d try to make them miss from the outside and they made some tonight and that’s OK.”

Marcus Sasser hit four of six from three, all in the second half, to finish with 19 points off the bench. Cade Cunningham starred for the Pistons with 27 points and 11 assists.

Chelsea are investigating after a bottle was thrown towards the Aston Villa bench following their 2-1 Premier League defeat at Stamford Bridge on Saturday.

After the full-time whistle, an open plastic bottle was directed at Villa’s celebrating bench, splashing staff and players with a liquid that appeared to be water.

One member of staff pointed towards the area from which the bottle came, which seemed to be a section containing both Chelsea fans and staff.

It remains unclear who was responsible. Chelsea have launched an investigation but have not commented officially at this stage.

It is also unclear whether referee Stuart Attwell and his officials saw the incident or whether it will be included in his report. BBC Sport has contacted the Football Association for comment.

Villa substitute Ollie Watkins scored twice to overturn Joao Pedro’s first-half opener for Chelsea.

Unai Emery’s side have now equalled a club record of 11 consecutive wins in all competitions and sit three points behind league leaders Arsenal in third. Chelsea are fifth before Sunday’s games.

Lakers coach JJ Redick points and direct his team during the fourth quarter of a loss to the Rockets on Thursday at Crypto.com Arena.

(Katelyn Mulcahy / Getty Images)

When the Lakers were climbing up the Western Conference standings, improbably winning games with LeBron James and Doncic injured and celebrating Austin Reaves’ 51-point performance and ascent into stardom, the vibes were high. Players jumped off the bench to cheer for each other. They championed team bonding exercises such as slideshow presentations that introduced themselves to each other and a field trip to a Porsche driving experience. It all felt surprisingly easy, especially for a team that had several new additions.

“We had it,” Redick said wistfully Thursday. “We had it. I always say this about culture, I always say this about a good team being a functioning organism.”

Redick snapped his fingers.

“It can change like that,” he continued. “We don’t have it right now.”

All three of the Lakers’ most recent losses have been blowouts. With an average margin of defeat of 20.7 points, their total point differential has dropped to minus-15 on the season, which ranks 16th in the NBA.

Forward Jake LaRavia said in the locker room that there felt like a “disconnect” on the team, but couldn’t verbalize more about how things had turned so suddenly. The team’s seven-game winning streak at the end of November feels like a distant memory, although it should serve as a constant reminder of how a team shouldn’t let its guard down, especially when it was collecting wins off teams with losing records.

“This [has] kind of been the trending thing even when we were winning,” forward Jarred Vanderbilt said. “Obviously wins kinda shadow a lot of stuff. But it’s been the same pretty much all year of how we finished games, lose games: transition defense, rebounding and stuff like that. It’s been a trend all year.”

LeBron James, who played in his 13th game this season after missing the first 14 because of sciatica, had 18 points and five assists but declined to speak with reporters after the game, along with Marcus Smart (six points, two rebounds) and Rui Hachimura (zero points, two assists).

To further exasperate the lingering injury bug, Reaves left the game after the first half because of left calf soreness. It was the same calf that sidelined him for three games last week.

PHOENIX — It’s not the lineups, the injuries or necessarily the system. The cause of the Lakers’ defensive demise is a thousand little decisions gone wrong.

“It comes down to just making the choice,” coach JJ Redick said after the Lakers gave up 132 points in a blowout loss to the Phoenix Suns on Tuesday. “It’s making the choice. There’s shortcuts you can take or you can do the hard thing and you can make the second effort or you can sprint back or you can’t. It’s just a choice and there’s a million choices in a game, and you’re very likely not gonna make every choice correctly. But can you make the vast majority of ‘em correctly? It gives you a chance to win.”

Coming off back-to-back losses for the first time this season, the Lakers (19-9) are ranked 28th in defensive rating in the last 14 games entering a Christmas Day showcase against the Houston Rockets at 5 p.m. PST at Crypto.com Arena.

The Lakers, without any individual shutdown defenders, need a perfectly executed team defense to compete. But 15 different starting lineups in 28 games has delayed some of the team’s ability to build continuity. The Lakers have had their full complement of 14 standard contract players for two games.

Forward Rui Hachimura (groin) and Luka Doncic (leg) could return Thursday. Guard Gabe Vincent, one of the team’s top defensive options on the perimeter, will miss his fourth game with lower-back soreness. Center Jaxson Hayes tweaked his left ankle in the second quarter of Tuesday’s loss and didn’t return.

The Rockets (17-10) limp into the Christmas Day blockbuster with their own struggles. The team thought to be one of the few who could challenge Oklahoma City in the West has lost five of its last seven games. Three of the losses were in overtime and four came against teams currently out of the play-in picture, including Tuesday’s loss to the Clippers.

Led by Kevin Durant’s 25.2 points, the Rockets are a statistical anomaly in the sped up, possession-maximizing modern NBA. They have the third-ranked offense in the league despite being one of the slowest. They shoot the fewest three-pointers per game, but make them at a 40% clip that ranks second, and dominate the glass with NBA-leading 48.7 rebounds and 16.1 offensive rebounds per game.

Houston’s physicality and expertise on the boards could be especially worrisome for a team that still has to consciously choose defense on a possession-by-possession basis instead of consistently living up to a standard of playing hard.

“There’s really no defense, no scheme we can do when we’re giving up offensive rebounds in crucial moments like we are, our [opponents] are getting wherever they want on the court,” guard Marcus Smart said after Tuesday’s loss. “And there’s no help, there’s no resistance, there’s no urgency. … It’s on us.”

The Suns grabbed 12 offensive rebounds against the Lakers on 35 missed shots, an offensive rebounding rate of 34.3%. After the Suns scored a three-pointer by twice grabbing offensive rebounds off tipped balls, Lakers players had an animated discussion in a timeout with Smart was gesturing toward center Deandre Ayton about tipping rebounds. Ayton, who finished with 10 rebounds and 12 points, and Smart ended the timeout with a high-five.

“[I need to] just continue to talk to guys, even though sometimes they might not want to hear it,” said Smart, a free-agent addition the Lakers coveted for his leadership and tenacity on defense. “Especially when we losing, nobody wants to hear it, myself included, but also understand that it’s integral for us to hear those things, to see and to be able to talk to one another and figure it out as players on the court, because we’re the ones out there.”

Redick intentionally built in moments for players to connect and communicate during every timeout this season before coaches speak. The strategy was meant to encourage players to take a larger leadership role. “Championship communication” was one of the team’s three pillars.

Lakers center Jaxson Hayes, left, foulds Clippers guard James Harden on a layup during their game Saturday.

(Gina Ferazzi / Los Angeles Times)

Along with “championship shape,” Redick also asked his team to build “championship habits.” Living up to the mantras is easier said than done.

“It’s not the easy choice,” Redick said. “It’s human nature. … We do it on a daily basis. We make easy choices cause it’s comfortable. Comfortable doesn’t win.”

PHOENIX — Austin Reaves returned from a left calf strain that sidelined him for three games, but the Lakers’ second-leading scorer did nothing to fix the team’s most glaring weakness.

The Lakers’ defense collapsed in a 132-108 loss to the Suns on Tuesday at Mortgage Matchup Center, giving up a season-high field goal percentage (59%) and tying their mark for most points allowed in a loss this season. Led by a combined 17-for-29 shooting from star guard Devin Booker (21 points) and Dillon Brooks (25 points), the Suns easily eclipsed the 56.5% they shot against the Lakers on Dec. 1.

“The theme with our team again is like these young teams that move, we just can’t move,” said coach JJ Redick, whose team is 1-2 against the Suns (16-13). “So it’s like we’re stuck in mud.”

The Lakers (19-9) remain in the top half of the competitive Western Conference, but with blowout losses to Atlanta, Oklahoma City and San Antonio, L.A. is clinging to a plus-1.1 in point differential. They lost consecutive games for the first time Tuesday and limped into a marquee Christmas Day matchup against the Houston Rockets with a multitude of injuries.

Playing without Luka Doncic, who is day to day with a left leg contusion he sustained Saturday against the Clippers, LeBron James led the Lakers with 23 points on seven-for-14 shooting. Deandre Ayton had a 12-point, 10-rebound double-double while Reaves came off the bench for the first time in two seasons and scored 17 points with two assists and three turnovers.

Redick said Reaves was not on an official minutes restriction after his weeklong absence, but that the team would monitor his workload “in real time.”

“It’s hard for me to start, at the rotation that Bron has, for me to stay around that 20-25 minute mark,” said Reaves, who played 21 minutes and 46 seconds. “So [coming off the bench] got brought up in my shooting time. I said I was open to whatever. Definitely felt weird coming off the bench, but it’s basketball at the end of the day.”

Calf injuries, even the most minor, have been major concerns for the NBA since three stars suffered Achilles tendon tears during last season’s playoffs. Reaves, who carried the team during the early part of a season that has featured injury absences from James and Doncic, led the team in minutes per game. His 775 minutes entering Tuesday were second-most on the team behind Rui Hachimura. The Japanese forward missed his second consecutive game with right groin soreness.

Lakers star Lebron James puts up a shot against the Suns on Tuesday night. James finished with 23 points.

(Rick Scuteri / Associated Press)

When asked whether Reaves needed a physical reset after carrying such a large load, Redick acknowledged a break may have been necessary.

Reaves looked out of sorts when he entered with 5:23 remaining in the first quarter. He fumbled the handoff on his first touch coming off a screen. When he tried to thread bounce passes through tiny windows, the ball was kicked away or deflected. He got attacked on defense and gave up consecutive driving layups to Suns guard Jamaree Bouyea.

Bouyea had 14 points off the bench, including a layup over Marcus Smart, who failed to draw a charge call, in the third quarter. While Smart laid in the key appealing to officials, Bouyea didn’t hesitate to leap over the Lakers’ guard and score. The Lakers fell behind by as many as 29 in the third quarter, and Redick quietly waved the white flag with 5:22 remaining in the third when he put reserve forward Maxi Kleber and rookie Adou Thiero onto the floor.

The Phoenix crowd started to file out in bunches with seven minutes remaining when the lead reached 30.

Even courtside seats were empty in the final minutes. Brooks took advantage, sitting in a courtside seat on the baseline as Thiero stepped to the free throw line with 1:16 remaining. Brooks waved his arms as a distraction. Thiero split his two shots.

Etc.

Center Jaxson Hayes left the game with left ankle soreness in the second quarter and didn’t return.. Redick said it was an aggravation of a previous injury suffered last week.