The Intercept Briefing Executive Lawlessness: Leah Litman on the Supreme Court Enabling Presidential Overreach
Jul 18, 2025
Leah Litman, a law professor at the University of Michigan and co-host of the Strict Scrutiny podcast, along with Jessica Washington, a politics reporter at The Intercept, dive into the implications of recent Supreme Court decisions. They discuss how the court's right-wing supermajority is paving the way for executive overreach, specifically shielding Trump from prosecution. Topics include the transformation of the court into a conservative agenda-driven body, the impact on reproductive rights, and the legal challenges facing lower courts in curtailing unlawful policies.
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Supreme Court's Democratic Deficit
- The Supreme Court has evolved into a political body catering to a minority through democratic deficits in institution design.
- This minority rule aligns with the Republican Party's strategy to portray itself as victims and maintain power.
Originalism's Political Role
- Originalism is a judicial method that strictly applies the Constitution's original meanings, often resisting civil rights advances.
- It serves as a vehicle for conservative politics, especially under a right-wing Supreme Court majority.
Medicaid Access to Planned Parenthood Restricted
- The Supreme Court's ruling allows states to bar Medicaid patients from accessing Planned Parenthood over ideological reasons.
- This threatens millions of low-income Americans' reproductive and sexual healthcare access nationwide.
