Curiosity takes center stage as listeners' burning questions about Trump and the courts are answered. The conversation dives into the potential for a third presidential run, the complexities of immigration law, and the implications of the 22nd Amendment. There's also a lively discussion about the Equal Rights Amendment and its political significance today. The hosts sprinkle in humor and pop culture references, reflecting on their favorite comic book characters and how these themes connect to personal identity. Expect a mix of legal analysis and lighthearted engagement!
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Quick takeaways
The podcast discusses the legal intricacies surrounding the potential undermining of birthright citizenship by the Trump administration's executive actions.
The conversation emphasizes the complexities of the Equal Rights Amendment's ratification process, highlighting skepticism about its current legal viability.
Deep dives
The Impact of Executive Orders on Citizenship
The potential consequences of executive orders on birthright citizenship for children of immigrants are explored. It is suggested that the administration could attempt to complicate obtaining citizenship documentation by requiring proof of the parents' status as legal residents. This would represent an indirect strategy to undermine birthright citizenship established by the Supreme Court's decision in Wong Kim Ark. Such actions may face significant legal challenges, as the historical precedent supports citizenship merely by virtue of birth on U.S. soil.
Trump's Future Political Maneuvers
The possibility of former President Donald Trump circumventing the 22nd Amendment, which limits presidents to two terms, is examined. Suggestions surface about Trump potentially running as vice president or even participating in a shadow presidency through his son. Despite the recounting of various hypothetical scenarios, the overall sentiment is that these notions are unlikely and may be politically impractical. The discussion emphasizes a unified agreement that, while Trump may strive for influence, constitutional constraints appear robust against his potential manipulations.
Environmental Regulations and Chevron Deference
The termination of Chevron deference, a legal principle that allows agencies considerable latitude in interpreting statutes, raises concerns about its effects on environmental laws. Critics argue that ending this deference could restrict the administration's capability to enforce regulations that protect public health and the environment. However, apprehension exists that the Supreme Court may still grant leniency to Republican administrations, allowing them to reshape legislative interpretations to their benefit. This dichotomy highlights fears that rights may be expanded for certain administrations while restricted under others.
The Viability of the Equal Rights Amendment
The ongoing struggle to ratify the Equal Rights Amendment (ERA) is discussed alongside the complications posed by the 1982 deadline set by Congress. Recent efforts by advocates aim to compel the National Archivist to certify the ERA despite the expired timeline, raising legal questions about the amendment’s ratification process. Detractors assert that the proposal lacks credibility and that calling on the Archivist to make unilateral decisions mirrors questionable precedents in political conduct. Overall, the conversation underscores a broad skepticism about the ERA’s legal viability in the current judicial landscape.
Maybe the court won’t listen to your complaints and questions - but we will. As a parting gift to you this year, Dahlia Lithwick and Mark Joseph Stern answer your questions about Trump, the courts and the constitution. Could Trump be president a third time? What does immigration law look like under Trump 2.0? And a deep dive into Dahlia and Mark’s comic book character psyches.
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