What A Day Trump v. The Constitution
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May 5, 2026 
Melissa Murray, constitutional law scholar and co-host of Strict Scrutiny, offers concise legal perspective. The conversation covers the Supreme Court’s surprise moves on mifepristone and what they reveal about justices. They explore federalism’s messy effects on abortion access. And they debate whether current uncertainty amounts to a constitutional crisis.
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One Week Stay Signals How Justices Might Lean
- The Supreme Court's one-week stay on mifepristone restored the prior status quo but is only temporary pending full briefing.
- Melissa Murray notes Justice Alito's short stays often signal he disagrees with the underlying claim, hinting at his likely position on abortion rules.
Federalism Question Could Create Patchwork Access
- The Court faces a federalism question: can states block mailed mifepristone without creating a nationwide ban?
- Murray highlights tension between state enforcement like Louisiana's and the Fifth Circuit's nationwide injunction expanding impact.
Framers Wanted Active President Balanced By Robust Congress
- The framers designed an energetic executive to act, especially in foreign affairs, balanced by a muscular Congress.
- Murray argues they expected Congress to be an effective check, but modern Congressional sclerosis weakened that balance.