The Odd Years

SCOTUS' Starring Role in Trump 2.0

Dec 9, 2025
Josh Gerstein, a Politico reporter who covers law and politics, gives a front-row view of the Supreme Court's role in shaping presidential power. He walks through recent pro-presidential rulings, the rise of the shadow docket, and high-stakes cases on voting rights, redistricting, and campaign finance. Short, sharp takes on how court dynamics could reshape American politics.
Ask episode
AI Snips
Chapters
Transcript
Episode notes
INSIGHT

Conservative Majority Raises Odds But Votes Aren't Guaranteed

  • A 6-3 conservative court raises odds for pro‑administration outcomes but justices still sometimes break with expectations.
  • Gerstein points to Barrett and Gorsuch voting against predictable partisan lines on key cases.
INSIGHT

Partisan Confirmation Wars Reduce Judicial Moderation

  • Confirmation fights have narrowed justices' ideological variability; nominees are vetted to avoid mid‑career defections.
  • Gerstein argues contentious confirmations and focused advocacy reduced chances for moderating justices like Souter.
INSIGHT

Acting Prosecutors Create Backlogs And Political Risk

  • Vacant judgeships and acting U.S. attorneys create backlogs and politicize prosecutions.
  • Gerstein warns political appointees from the president's personal legal team can make selective-prosecution claims more credible and affect case priorities.
Get the Snipd Podcast app to discover more snips from this episode
Get the app