The Al Franken Podcast Dahlia Lithwick on The Godawful SCOTUS Term
Jul 13, 2025
In this engaging discussion, Dahlia Lithwick, an authority on the Supreme Court and host of Slate’s Amicus, dives deep into the alarming rulings from the Court. She reveals how the shadow docket enables the Court to make pivotal decisions with minimal scrutiny, impacting birthright citizenship and healthcare for trans children. Dahlia also tackles the censorship of LGBTQ+ storybooks in schools and the troubling increase in executive power under Trump. The conversation paints a dire picture of the trajectory the Court is taking toward authoritarianism.
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Impact of the Shadow Docket
- The "shadow docket" allows the Supreme Court to make impactful rulings without full briefing or oral arguments.
- These decisions often lack reasoning, causing judicial confusion and partisan perceptions.
Supreme Court Limits Injunctions
- The Supreme Court undermined district court power by banning nationwide injunctions.
- This weakens judicial checks on executive actions, strengthening Trump's authority.
Chaos from Injunction Ban
- The court’s ban on nationwide injunctions disproportionately benefits the Trump administration.
- This legal change creates potential chaos in rights enforcement across states.
