Politics Weekly America

When did the US supreme court become so ‘lawless’?

11 snips
Oct 3, 2025
Leah Litman, a law professor at the University of Michigan and co-host of the Strict Scrutiny podcast, dives into the politicization of the U.S. Supreme Court. She discusses the influence of ideologically aligned clerks and argues that reverence for the court should be reexamined. Leah highlights upcoming pivotal cases, revealing how the court's rulings may threaten voting rights, LGBTQ protections, and executive power. She also addresses Congress's ability to restore legitimacy and the implications of the shadow docket's misuse.
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INSIGHT

Court Was Never Entirely Neutral

  • Litman argued the Supreme Court was never apolitical but has grown more partisan over time.
  • She saw the institution "on the edge" and warned it risked harming the country.
INSIGHT

Congress Still Holds Levers Over The Court

  • Litman explained Congress retains tools to check the Supreme Court, like setting jurisdiction, budget, and impeachment.
  • She noted these powers have eroded because Congress has stopped using them in recent decades.
INSIGHT

Ideological Overlap Shapes Rulings

  • Litman said overlap in worldview between the president and six justices makes rulings favorable to the administration more likely.
  • She also warned justices may care about public opinion and threats from the president.
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