President Donald Trump says he is considering “taking away” the U.S. citizenship of a longtime rival, actress and comedian Rosie O’Donnell, despite a decades-old Supreme Court ruling that expressly prohibits such an action by the government.
“Because of the fact that Rosie O’Donnell is not in the best interests of our Great Country, I am giving serious consideration to taking away her Citizenship,” Trump wrote in a social media post on Saturday. He added that O’Donnell, who moved to Ireland in January, should stay in Ireland “if they want her.”
The two have criticized each other publicly for years, an often bitter back-and-forth that predates Trump’s involvement in politics. In recent days, O’Donnell on social media denounced Trump and recent moves by his administration, including the signing of a massive GOP-backed tax breaks and spending cuts plan.
It’s just the latest threat by Trump to revoke the citizenship of people with whom he has publicly disagreed, most recently his former adviser and one-time ally, Elon Musk.
But O’Donnell’s situation is notably different from Musk, who was born in South Africa. O’Donnell was born in the United States and has a constitutional right to U.S. citizenship. The U.S. State Department notes on its website that U.S. citizens by birth or naturalization may relinquish U.S. nationality by taking certain steps – but only if the act is performed voluntary and with the intention of relinquishing U.S. citizenship.
Amanda Frost, a law professor at the University of Virginia School of Law, noted the Supreme Court ruled in a 1967 case that the Fourteen Amendment of the Constitution prevents the government from taking away citizenship.
“The president has no authority to take away the citizenship of a native-born U.S. citizen,” Frost said in an email Saturday. “In short, we are nation founded on the principle that the people choose the government; the government cannot choose the people.”
O’Donnell moved to Ireland after Trump defeated Vice President Kamala Harris to win his second term. She has said she’s in the process of obtaining Irish citizenship based on family lineage.
Responding to Trump Saturday, O’Donnell wrote on social media that she had upset the president and “add me to the list of people who oppose him at every turn.”
A Georgia appeals court has upheld a lower court ruling that said county election officials in the state must vote to certify results according to deadlines set in law.
Fulton County Superior Court Judge Robert McBurney had ruled in October that “no election superintendent (or member of a board of elections and registration) may refuse to certify or abstain from certifying election results under any circumstance.” The ruling stemmed from a lawsuit filed by Republican Fulton County election board member Julie Adams, who abstained from certifying primary election results last year.
A three-judge panel of the Georgia Court of Appeals last week upheld McBurney’s ruling, saying “Adams’ contention that the trial court erred by declaring she had a mandatory duty to certify election results is without merit.”
Certification, an administrative task that involves certifying the number of votes, became a political flashpoint when President Donald Trump tried to overturn his loss to Democrat Joe Biden in the 2020 general election. Republicans in several swing states refused to certify results during primary elections last year, and some sued to try to keep from being forced to sign off on election results.
In the run-up to last year’s presidential election, Democrats and some voting rights groups worried that Trump-allied election officials could refuse to certify election results if he were to lose to then-Vice President Kamala Harris. Trump ended up beating Harris.
Georgia law says county election superintendents, which are generally multimember boards, shall certify election results by 5 p.m. on the Monday after an election, or the Tuesday after if Monday is a holiday.
McBurney had written in his order that Georgia law allows county election officials to examine whether fraud has occurred and what should be done about it. They should share any concerns with the appropriate authorities for criminal prosecution or use them to file an election challenge in court, but cannot use their concerns to justify not certifying results, the judge wrote.
The Court of Appeals opinion echoed McBurney’s ruling.
The appeals court also noted that state law limits county election officials’ review of documents to instances when the total number of votes exceeds the total number of voters or ballots and also limits the review to documents related to the relevant precinct. To the extent that McBurney’s ruling allows a more expansive review, the judges sent it back to him for reconsideration.
Texas flooding underscore the challenges Trump faces in replacing FEMA
Just weeks ago, President Donald Trump said he wanted to begin “phasing out” the Federal Emergency Management Agency after this hurricane season to “wean off of FEMA” and “bring it down to the state level.”
But after months of promises to overhaul or eliminate the federal agency charged with responding to disasters, Trump and his administration are touting a fast and robust federal response to the devastating Texas floods. In doing so, they are aligning more closely with a traditional model of disaster response — and less with the dramatic reform the president has proposed.
The president approved Texas Gov. Greg Abbott’s request for a major disaster declaration just one day after it was submitted, activating FEMA resources and unlocking assistance for survivors and local governments. Homeland Security Secretary Kristi Noem told Trump in a presidential Cabinet meeting Tuesday morning that FEMA was deploying funding and resources quickly. “We’re cutting through the paperwork of the old FEMA, streamlining it, much like your vision of how FEMA should operate,” Noem said.
Noem said the rapid delivery of funds to Texas resembled the “state block grants” model Trump has promoted. It’s an idea that would replace FEMA’s current system of reimbursing states for response and recovery expenses at a cost-share of at least 75%.
But ex-FEMA officials say it’s unclear how the response differs from FEMA’s typical role in disasters, which is to support states through coordination and funding. Instead, they say, the vigorous federal response underscores how difficult it would be for states to take on FEMA’s responsibilities if it were dismantled.
“This is a defining event that can help them realize that a Federal Emergency Management Agency is essential,” said Michael Coen, FEMA chief of staff in the Obama and Biden administrations. “Imagine if an event like this happened a year from now, after FEMA is eliminated. What would the president or secretary (Noem) offer to the governor of Texas if there is no FEMA?”
The Department of Homeland Security and FEMA did not immediately respond to questions about Noem’s remarks, including whether FEMA was doing something different in how it moved money to Texas, or why it resembled a block-grant system.
FEMA will have multiple roles in Texas
While Noem and Trump have emphasized that Texas is leading the response and recovery to the floods, that has always been FEMA’s role, said Justin Knighten, the agency’s director of external affairs during the Biden administration.
“The state is in the lead. FEMA is invited into the state to support,” Knighten said. He said that while Texas’ division of emergency management is one of the most experienced in the country, even the most capable states face catastrophes that overwhelm them: “When there’s capacity challenges and resource need, that’s where FEMA steps in.”
One of FEMA’s primary roles will be to coordinate resources from other federal agencies. If the state needs the Army Corps of Engineers to help with debris removal, Health and Human Services for mortuary support and crisis counseling, or EPA for water quality testing, FEMA arranges that at the state’s request and then reimburses those agencies. “FEMA becomes a one-point entry for all federal support,” Coen said.
The agency also coordinates first-responder support — like search-and-rescue teams deployed from across the country — and reimburses those costs. It administers the National Flood Insurance Program, which gives homeowners and renters access to flood coverage not typically included in general policies.
Those with insufficient insurance or none at all will rely heavily on FEMA’s Individual Assistance program, which supports survivors with needs like temporary housing and home repairs. On Wednesday, the agency is opening disaster recovery centers where households can get help applying for assistance, according to Texas Emergency Management Chief Nim Kidd. The Public Assistance program will reimburse state and local governments for most or all of the costs of infrastructure repairs.
States would have trouble replacing FEMA
While Trump and Noem often say they want states to take on more responsibility in disaster response, experts say the tragedy in Texas underscores how even the most capable states need support.
“It’s true that Texas is very capable, but I think it’s something that people forget that FEMA pays for a lot of state and local emergency capacity,” said Maddie Sloan, director of the disaster recovery and fair housing project at the policy nonprofit Texas Appleseed. The Texas Division of Emergency Management’s budget of over $2 billion is mostly funded through federal grants.
“If a state like Texas asks for federal assistance within two days, the smaller states that are less capable don’t stand a chance,” said Jeremy Edwards, FEMA’s deputy director of public affairs during the Biden administration.
States would have to set up their own recovery programs and to coordinate with each federal agency if they were given block grants in lieu of FEMA involvement. “Without FEMA, a governor or a state has to be calling around and have a Rolodex of the whole federal government to call and try and figure out what support they can get,” Coen said.
There are plenty of reforms that could improve how FEMA reimburses states and helps survivors, experts said, but eliminating it risks big gaps in recovery. “We have spent a lot of time encouraging FEMA to be better, but if FEMA goes away, there is no help for individual families,” Sloan said.
Uncertain future for federal disaster response
Trump has deflected questions about what the Texas response means for FEMA’s future. A 12-member review council established by the president and charged with proposing FEMA reforms will meet for the second time Wednesday. Abbott and Kidd are both on the council.
At the first meeting, Abbott called FEMA “slow and clunky” and said reforms should “streamline the effort.” He has praised Trump’s quick disaster declaration in Texas.
While no large reforms to the agency have been enacted yet, smaller policy changes could impact Texas’ recovery.
The Supreme Court sided with e-cigarette companies on Friday in a ruling making it easier to sue over Food and Drug Administration decisions blocking their products from the multibillion-dollar vaping market.
The 7-2 opinion comes as companies push back against a yearslong federal regulatory crackdown on electronic cigarettes. It’s expected to give the companies more control over which judges hear lawsuits filed against the agency.
The justices went the other way on vaping in an April decision, siding with the FDA in a ruling upholding a sweeping block on most sweet-flavored vapes instituted after a spike in youth vaping.
The current case was filed by R.J. Reynolds Vapor Co., which had sold a line of popular berry and menthol-flavored vaping products before the agency started regulating the market under the Tobacco Control Act in 2016.
The agency refused to authorize the company’s Vuse Alto products, an order that “sounded the death knell for a significant portion of the e-cigarette market,” Justice Amy Coney Barrett wrote in the majority opinion.
The company is based in North Carolina and typically would have been limited to challenging the FDA in a court there or in the agency’s home base of Washington. Instead, it joined forces with Texas businesses that sell the products and sued there. The conservative 5th U.S. Circuit Court of Appeals allowed the lawsuit to go forward, finding that anyone whose business is hurt by the FDA decision can sue.
The agency appealed to the Supreme Court, arguing that R.J. Reynolds was attempting to find a court favorable to its arguments, a practice often referred to as “judge shopping.”
The justices, though, found that the law does allow other businesses affected by the FDA decisions, like e-cigarette sellers, to sue in their home states.
In a dissent, Justice Ketanji Brown Jackson, joined by Justice Sonia Sotomayor, said she would have sided with the agency and limited where the cases can be filed.
The Campaign for Tobacco-Free Kids called the majority decision disappointing, saying it would allow manufacturers to “judge shop,” though it said the companies will still have to contend with the Supreme Court’s April decision.
Attorney Ryan Watson, who represented R.J. Reynolds, said that the court recognized that agency decisions can have devastating downstream effects on retailers and other businesses, and the decision “ensures that the courthouse doors are not closed” to them.
A panel of three federal appellate judges has ruled that a Louisiana law requiring the Ten Commandments to be posted in each of the state’s public school classrooms is unconstitutional.
The ruling Friday marked a major win for civil liberties groups who say the mandate violates the separation of church and state, and that the poster-sized displays would isolate students — especially those who are not Christian.
The mandate has been touted by Republicans, including President Donald Trump, and marks one of the latest pushes by conservatives to incorporate religion into classrooms. Backers of the law argue the Ten Commandments belong in classrooms because they are historical and part of the foundation of U.S. law.
“This is a resounding victory for the separation of church and state and public education,” said Heather L. Weaver, a senior staff attorney with the American Civil Liberties Union. “With today’s ruling, the Fifth Circuit has held Louisiana accountable to a core constitutional promise: Public schools are not Sunday schools, and they must welcome all students, regardless of faith.”
The plaintiffs’ attorneys and Louisiana disagreed on whether the appeals court’s decision applied to every public school district in the state or only the districts party to the lawsuit.
“All school districts in the state are bound to comply with the U.S. Constitution,” said Liz Hayes, a spokesperson for Americans United for Separation of Church and State, which served as co-counsel for the plaintiffs.
The appeals court’s rulings “interpret the law for all of Louisiana,” Hayes added. “Thus, all school districts must abide by this decision and should not post the Ten Commandments in their classrooms.”
Louisiana Attorney General Liz Murrill said she disagreed and believed the ruling only applied to school districts in the five parishes that were party to the lawsuit. Murrill added that she would appeal the ruling, including taking it to the U.S. Supreme Court if necessary.
The panel of judges reviewing the case was unusually liberal for the 5th U.S. Circuit Court of Appeals. In a court with more than twice as many Republican-appointed judges, two of the three judges involved in the ruling were appointed by Democratic presidents.
The court’s ruling stems from a lawsuit filed last year by parents of Louisiana school children from various religious backgrounds, who said the law violates First Amendment language guaranteeing religious liberty and forbidding government establishment of religion.
The ruling also backs an order issued last fall by U.S. District Judge John deGravelles, who declared the mandate unconstitutional and ordered state education officials not to enforce it and to notify all local school boards in the state of his decision.
Republican Gov. Jeff Landry signed the mandate into law last June.
Landry said in a statement Friday that he supports the attorney general’s plans to appeal.
“The Ten Commandments are the foundation of our laws — serving both an educational and historical purpose in our classrooms,” Landry said.
Law experts have long said they expect the Louisiana case to make its way to the U.S. Supreme Court, testing the court on the issue of religion and government.
Similar laws have been challenged in court.
A group of Arkansas families filed a federal lawsuit earlier this month challenging a near-identical law passed in their state. And comparable legislation in Texas currently awaits Gov. Greg Abbott’s signature.
In 1980, the U.S. Supreme Court ruled that a Kentucky law violated the Establishment Clause of the U.S. Constitution, which says Congress can “make no law respecting an establishment of religion.” The court found that the law had no secular purpose but served a plainly religious purpose.
And in 2005, the Supreme Court held that such displays in a pair of Kentucky courthouses violated the Constitution. At the same time, the court upheld a Ten Commandments marker on the grounds of the Texas state Capitol in Austin.
