Executive Lawlessness: Leah Litman on the Supreme Court Enabling Presidential Overreach
During Donald Trump’s first term, the Supreme Court made some effort to check his power. But that era is over. The court has ruled that Trump cannot be prosecuted for actions he took as president, including for his role in the January 6 attack on the Capitol, and it just wrapped its latest term by restricting lower courts' power to block his unlawful orders on issues like birthright citizenship, abortion care, and immigrants’ basic rights. “What the Supreme Court did is it limited lower courts’ ability to use what has been the most effective tool that lower courts have to reign in the Trump administration's lawlessness, which is to block a policy on a nationwide basis,” says Leah Litman, author of the new book, “Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes.” This week on The Intercept Briefing, newsroom counsel and correspondent Shawn Musgrave speaks with professor and attorney Litman and politics reporter Jessica Washington about how the Supreme Court’s right-wing supermajority is laying the legal foundation for unchecked executive lawlessness — and signaling to Trump that it won’t stand in his way. Listen to the full conversation of The Intercept Briefing on Apple Podcasts, Spotify, or wherever you listen. You can support our work at theintercept.com/join. Your donation, no matter the amount, makes a real difference. Hosted on Acast. See acast.com/privacy for more information.