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Emily Bazelon

๐Ÿ‘ค Speaker
448 total appearances

Appearances Over Time

Podcast Appearances

The Opinions
ICE Is Splitting America in Two

Exactly.

The Opinions
ICE Is Splitting America in Two

I think generally, though, Aaron, I mean, I would agree with you that, you know, the conservatives who dominate the court right now had an expansive theory of executive power that allows for a lot of firing of agency leaders, right?

The Opinions
ICE Is Splitting America in Two

Board members of the Federal Trade Commission, et cetera, et cetera.

The Opinions
ICE Is Splitting America in Two

And I think

The Opinions
ICE Is Splitting America in Two

that that challenge to how our agencies have operated in this kind of quasi-independent way is going to succeed, and it's going to really shift power toward the president.

The Opinions
ICE Is Splitting America in Two

And in a sense, and I feel like I've learned this from writing back and forth with David about it, this is like a longstanding conservative principle, and it would be surprising for the conservative justices to walk away from it.

The Opinions
ICE Is Splitting America in Two

And yet the timing of it means that the person who they are giving much more power to, the actual president in office, is Donald Trump.

The Opinions
ICE Is Splitting America in Two

Maybe for some of them that's like kind of inconvenient.

The Opinions
ICE Is Splitting America in Two

You could imagine that Chief Justice Roberts would prefer that a more honorable president was actually in office while he was doing this.

The Opinions
ICE Is Splitting America in Two

But when people who've been eyeing a goal for a long time, whether it's, you know, jurisprudence or legislation, get a chance to enact it, it's hard for them to resist.

The Opinions
ICE Is Splitting America in Two

And so I feel like that is part of the dynamic here.

The Opinions
ICE Is Splitting America in Two

I wonder, David, how you think about that part of how our legal landscape is changing.

The Opinions
ICE Is Splitting America in Two

Well, one way to think about both of those questions is, can courts save American democracy?

The Opinions
ICE Is Splitting America in Two

What is their actual role here?

The Opinions
ICE Is Splitting America in Two

And I think what we're seeing is they can't do it on their own, right?

The Opinions
ICE Is Splitting America in Two

So, I mean, I would argue that the lower courts have been really pretty stalwart at

The Opinions
ICE Is Splitting America in Two

since Trump took office in standing up for the rule of law and pushing back in calling the president's bluff on a number of fronts.

The Opinions
ICE Is Splitting America in Two

I think the Supreme Court has been far less effective.

The Opinions
ICE Is Splitting America in Two

Whatever its frustration with the emergency docket, until the decision about the National Guard in Chicago, Trump, the administration had an almost unbroken string of victories on the emergency docket.

The Opinions
ICE Is Splitting America in Two

So we've seen the Supreme Court exceed in a number of domains.