Hasan Minhaj Doesn't Know The ACLU's War With Trump - with Anthony Romero
Nov 19, 2025
In this episode, Anthony Romero, the ACLU's Executive Director since 2001, dives into the organization's role in defending civil liberties, including the controversial choice to represent the NRA to uphold First Amendment rights. He discusses the strategy behind high-profile litigation against the Trump administration and shares his insights on the Supreme Court's influence on justice. Romero reflects on the importance of challenging all administrations, the significance of birthright citizenship, and why protecting even the most unpopular speech safeguards democracy for everyone.
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Unitary Executive Concentrates Power
- The unitary executive theory centralizes power in the presidency and undermines checks and balances.
- Romero says recent administrations expanded this theory into broad executive actions that threaten separation of powers.
Use Litigation Volume To Stall Momentum
- Use high-volume litigation to rob an opponent of momentum and buy time for affected people.
- Even losing lawsuits can be strategic wins by delaying implementation and preserving benefits for months.
Alien Enemies Act Misuse Lacks Due Process
- The Alien Enemies Act is an old wartime statute that cannot be freely applied without due process.
- Romero argues Trump's invocation lacks a named war and would violate historical due-process practices.