Amicus With Dahlia Lithwick | Law, justice, and the courts The Two Tracks of Justice
22 snips
May 24, 2025 
Aziz Huq, a law professor at the University of Chicago, delves into the concept of a 'dual state,' revealing how legal systems can evolve to allow for authoritarianism without the public noticing. He discusses the implications of recent Supreme Court decisions that favor executive power and weaken judicial independence. The conversation highlights the struggles for marginalized communities under these legal frameworks and draws parallels between historical injustices faced in Nazi Germany and current challenges in the U.S., illuminating the complex dynamics of justice today.
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SCOTUS Shatters 90-Year Precedent
- The Supreme Court secretly overturned a 90-year-old precedent protecting independent agencies from presidential firing without cause.
- This decision grants President Trump expansive control over previously independent federal agencies, disrupting checks and balances.
Federal Reserve Gets Special Treatment
- The Court exempted the Federal Reserve from the firing protections it eroded, calling it "uniquely structured."
- This exemption lacks constitutional explanation and raises questions about the logic behind agency independence.
Kagan Dissent Blasts Court's Shadow Docket Use
- Justice Kagan's dissent criticizes the majority for overruling longstanding precedent on the shadow docket without proper justification.
- She warns that giving Trump a free pass undermines judicial integrity and rewards lawbreaking.