Stay Tuned with Preet SCOTUS’ Game of Chicken with Trump (with Dahlia Lithwick)
Sep 16, 2025
Dahlia Lithwick, a Senior Editor at Slate and host of the Amicus podcast, dives into the Supreme Court's impact on presidential power and democracy. She discusses the 'appeasement theory' regarding Trump and the Court, while highlighting significant upcoming cases. The conversation also touches on the differences between the regular and shadow dockets, stressing the importance of scrutiny in the Court’s actions. Lithwick provides insights into how the political climate influences judicial decisions and the implications of the shadow docket's rise.
AI Snips
Chapters
Transcript
Episode notes
Appeasement Theory Risks Normalizing Overreach
- Dahlia Lithwick describes an "appeasement theory" where the Court may avoid confronting a defiant president to avert crisis.
- She warns that such tactical deference risks normalizing overreach and eroding constitutional limits.
Court Playing Chicken With The President
- Lithwick argues the Court may be playing a game of constitutional chicken with the president rather than defending the rule of law.
- She cautions that selective tolerance emboldens further executive abuses and shifts the calculus of confrontation.
Small Concessions Push The Boundary Further
- Every time the Court blesses lawless actions, it increases the president's willingness to attempt more extreme measures.
- Lithwick likens this to Zeno's paradox: continual small concessions prevent reaching a firm boundary.