Leah Litman, a University of Michigan Law professor and co-host of Crooked Media’s Strict Scrutiny podcast, dives into her new book, 'Lawless', unpacking the Supreme Court's role in today's society. She contrasts the shifting dynamics of the court with political tensions, and discusses how justices Kavanaugh, Barrett, and Gorsuch navigate pivotal issues. Litman also sheds light on the emotional toll on law students amidst current politics and reflects on how popular culture can make legal discussions more accessible.
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question_answer ANECDOTE
Inside the Supreme Court Anecdote
Leah Litman clerked for Justice Kennedy during the 2011-2012 term when the Affordable Care Act was challenged.
She observed firsthand the intense atmosphere and exposed breakdown of court norms during that period.
insights INSIGHT
Judicial Norms Breaking Down
The Affordable Care Act challenge lacked legal basis but gained traction in a conservative ecosystem.
This marked a tipping point showing the court sliding toward decisions driven by political agendas.
insights INSIGHT
Court's Shift Away from Legal Orthodoxy
The Supreme Court's conservative justices abandoned previous principles like Chevron deference and textualism.
They use exceptions like the major questions doctrine to curb administrative agency power.
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In 'Lawless: The Miseducation of America’s Elites,' Ilya Shapiro examines the transformation of higher education and legal education in the United States. He argues that prestigious law schools have been overtaken by radical student movements and biased faculty, leading to a decline in critical thinking, logical argumentation, and respect for opposing views. Shapiro draws from his personal experiences, including a controversial tweet that led to calls for his firing from Georgetown Law, to illustrate the institutional weaknesses and ideological capture of America’s law schools. The book warns that this trend has significant implications for the future of the legal profession, government, and society as a whole.
Overruled
The Long War for Control of the U.S. Supreme Court
Damon Root
In 'Overruled: The Long War for Control of the U.S. Supreme Court,' Damon Root explores the enduring conflict between judicial activism and judicial restraint. The book delves into the historical and contemporary debates surrounding the role of the Supreme Court in American politics, highlighting key cases and figures that have shaped the Court's trajectory. Root provides an in-depth analysis of how these competing philosophies have influenced the Court's decisions and the broader political landscape.
American Psycho
Bret Easton Ellis
American Psycho is a black comedy horror novel that critiques the superficiality and materialism of 1980s Wall Street culture through the character of Patrick Bateman, a charismatic but sociopathic investment banker. The novel explores themes of identity, consumerism, and the blurring of reality and fantasy. It is known for its graphic violence and dark humor, offering a commentary on the excesses of capitalist society.
OA1157 - Leah Litman is a co-host of Crooked Media’s Strict Scrutiny podcast and professor at University of Michigan Law School, and most recently the author of Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes. We are pleased to welcome Professor Litman to discuss everything from what it’s like to teach American Constitutional law 2025 to what the Supreme Court has in common with the Bluth family.
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