

When did the US supreme court become so ‘lawless’?
11 snips Oct 3, 2025
Leah Litman, a law professor at the University of Michigan and co-host of the Strict Scrutiny podcast, dives into the politicization of the U.S. Supreme Court. She discusses the influence of ideologically aligned clerks and argues that reverence for the court should be reexamined. Leah highlights upcoming pivotal cases, revealing how the court's rulings may threaten voting rights, LGBTQ protections, and executive power. She also addresses Congress's ability to restore legitimacy and the implications of the shadow docket's misuse.
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Inside A Supreme Court Clerkship
- Leah Litman described the role of Supreme Court law clerks and their influence on opinions and oral argument preparation.
- She noted clerks draft memos and opinions but cannot attend the justices' closed-door conferences.
Clerk Hiring Has Become Ideological
- Litman observed clerk hiring has grown ideological, narrowing the candidate pool to those who think like the justice.
- She warned this ideological sorting will shape future judges and the legal profession.
Court Was Never Entirely Neutral
- Litman argued the Supreme Court was never apolitical but has grown more partisan over time.
- She saw the institution "on the edge" and warned it risked harming the country.