Today’s notice: Republicans find out the DOGE can bite them. We never said there’d be no geometry. And, questioning the discretion of America’s would-be secret knower. But first: If the courts don’t matter, then why did all of you go to law school?
When to Say ‘Constitutional Crisis’
We’ve spoken to several of the lawyers leading cases against the Trump administration, and they have an appreciation for the legal system that, increasingly, institutionalists are worrying is being beaten down.
Attorneys general, nonprofits and labor lawyers have scored a lot of initial victories against the White House. Donald Trump’s allies have rallied against these rulings, claiming they are the actions of activist judges — what has become a standard line of political rhetoric against the courts.
But after a federal judge ruled Monday that it appeared the administration had violated his restraining order on freezing authorized federal spending, this cry against activist judges sounds different to many. It’s an open question whether this administration will openly defy its co-equal partners in the judiciary at some point. You know, like Andrew Jackson, whose picture hangs in Trump’s Oval Office.
Ultimately, everyone paying attention to this knows it’s headed to the Supreme Court. One legal scholar said they don’t expect much from a lower court slapping administration officials with a contempt of court order “because they are enforceable by U.S. marshals, who are part of the executive branch and therefore under the control of the president.” Awkward how the separation of powers works sometimes, isn’t it?
So even as lawyers press forward with a deep faith in democratic institutions, they’re counting votes on the Supreme Court. In private conversations, they’ll give you their predicted rulings on issues like birthright citizenship — Trump loses, is the general feeling — and shutting down federal agencies authorized by Congress. That one gets a shrug.
—Evan McMorris-Santoro | Read the story with Mark Alfred and Riley Rogerson.
House Republicans Want Some of Trump’s Attention
The GOP is stalled on advancing its one “big, beautiful” reconciliation bill, and some House Republican lawmakers would like Trump to be a little more involved in negotiations — or at least be clearer about what he wants, NOTUS’ Reese Gorman and Ursula Perano report.
“It’d be really helpful if the president would be more specific about what he wants in a reconciliation bill,” one senior House Republican told NOTUS. “Republicans want to enact his agenda, but we’re trying to read tea leaves and guess what he wants.”
So far, Trump has let Republicans duke it out over how to enact his sweeping immigration, energy and tax agenda. Given the House’s razor-thin margin, Speaker Mike Johnson has taken a first stab at a “blueprint,” but has struggled to build near-unanimous consensus.
In the absence of Trump’s guiding hand, Senate Republicans are threatening to get out ahead of the House GOP with a two-bill proposal. “I’m glad that at this point he’s saying, ‘You all work it out,’” Sen. Cynthia Lummis said of Trump. “It gives us some leeway.”
Front Page
- Louisiana’s Primary System Puts More Pressure on Bill Cassidy to Make a Hard-Right Turn: The state’s move to a closed primary could weed out moderates, although its backers insist that wasn’t the intention.
- Republicans Welcome DOGE to the Pentagon. They Just Want a Different Treatment: Sen. Roger Wicker cautioned Elon Musk to be “mindful” of security concerns.
When the DOGE Cuts Start Hitting Home…
The Senate GOP has largely backed Trump and Musk’s DOGE agenda with minimal resistance.
But the new guidance on the National Institutes of Health’s funding, which is poised to gut hospital budgets, has made some Republican senators start to bellyache, NOTUS’ Margaret Manto and Ben T.N. Mause report.
“I’ve heard from my people back home that it would be very difficult for universities in Louisiana to conduct this research,” Sen. Bill Cassidy said. “Of course, I want research done for the sake of my people in Louisiana.”
The Health Committee chair and former doctor is up for reelection in 2026. His state of Louisiana received $228 million in funding from the NIH in fiscal year 2023.
Quotable: Reshaping the Pentagon
“If we can responsibly turn the Pentagon into a triangle, I’m all for it.”
That’s what Sen. Todd Young told NOTUS’ John T. Seward about Musk’s plan to bring DOGE to the Pentagon. Trimming DOD spending is a touchy subject for many Republican defense hawks worried about destabilizing U.S. relationships abroad. Several senators cautioned that the slash-and-burn ethos DOGE has become known for won’t work at the Pentagon. But apparently Young is gung ho about literally reshaping the Pentagon.
Intel Dems Sweat Tulsi’s Secret-Keeping Skills
As director of national intelligence, Tulsi Gabbard would have access to the U.S.’s biggest secrets. Democrats are worried that her confirmation could spook U.S. allies concerned about her ties to foreign adversaries.
“The concern would be that allies would not be as forthcoming and as cooperative as they have been in the past,” Intel panelist Sen. Martin Heinrich told NOTUS’ Shifra Dayak.
The Democratic consternation extends to Trump. After all, back in 2017, when Trump reportedly revealed classified information to Russia’s foreign minister without permission, a European official signaled to the Associated Press that his country might stop intelligence sharing.
Not Us
We know NOTUS reporters can’t cover it all. Here’s some other great hits by… not us.
- Steve Bannon’s Freewheeling Show Is the Hottest Stop on D.C.’s Media Circuit by Maggie Severns at The Wall Street Journal
- Inside the GOP’s careful pushback to Musk’s DOGE effort by Annie Grayer at CNN
- As Texas gets redder, John Cornyn could face toughest primary season of his career by Matthew Choi at The Texas Tribune
Be Social
A heartwarming message from Rep. Mark Alford, not to be confused with our very own Mark Alfred.
cc @FloorCharts pic.twitter.com/lcjgyIUgpC
— Nicholas Wu (@nicholaswu12) February 11, 2025
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Who is a better Tulsi Gabbard doppelgänger, Cecily Strong or Julia Louis-Dreyfus?
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Correction: A previous version of this article misattributed Sen. Todd Young’s comments on DOGE’s anticipated focus on the Pentagon.