Analysis of Judge Cannon's Handling of Nixon Decision

The chapter dives into Justice Thomas's concurrence in the Trump immunity opinion and focuses on Aileen Cannon's argument, critiquing her opinion for failing to align with established executive branch practices and statutory text. The episode delves into the historical context of special counsel appointments by attorneys general, highlighting key moments like the Ethics in Government Act from 1978 to 1999 and the Department of Justice's regulations post-1999. The hosts also discuss a court case challenging justiciability in dispute resolution and a lawyer's extreme textualist interpretation, paralleling hubris in recent Supreme Court opinions with a district court judge's approach.