Opening Arguments The Supreme Court Sucks. But at Least We Can Talk to Leah Litman About It!
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May 13, 2025 
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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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.
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.
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.
