The Muckrake Political Podcast Troops in the Streets, No Balance on the Sheets
Oct 24, 2025
Greg Rosenfeld, a criminal defense attorney from Palm Beach County, dives into the complexities of judicial deference and absolute immunity in the current legal landscape. He discusses how these concepts may protect executive actions, including the deployment of the National Guard, and critiques how the Supreme Court's decisions contribute to a more imperial presidency. The conversation highlights troubling aspects such as partisan favoritism in the judiciary and the impact of shadow-docket rulings on legal accountability. It's a captivating exploration of power dynamics in today's politics.
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Courts Are Failing As Checks
- Greg Rosenfeld warns the rule of law is crumbling and courts are failing to check power.
- He attributes this to excessive judicial deference to Trump that he calls terrifying.
Shadow Dockets Empower The Presidency
- Rosenfeld highlights Supreme Court actions and shadow-docket decisions as enabling an 'imperial presidency.'
- He criticizes short-term, deferential rulings that avoid full briefing and long-term institutional thinking.
Absolute Immunity Reaches Broad Acts
- Rosenfeld says absolute presidential immunity now covers acts like deploying troops and immigration enforcement.
- He believes the Supreme Court would likely rule such actions fall under presidential duties.