American Fever Dream: "How The Supreme Court Got Hijacked: Leah Litman Breaks It Down" - Detailed Summary

Release Date: May 27, 2025
Hosts: V. Spear and Sammy Sage
Guest: Professor Leah Litman, Co-Host of the "Strict Scrutiny" Podcast and Author of Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

1. Introduction to the Episode

The episode, titled "How The Supreme Court Got Hijacked: Leah Litman Breaks It Down," features hosts V. Spear and Sammy Sage engaging in a deep conversation with Professor Leah Litman. Litman brings her expertise as a legal scholar and her insights from her recent book, Lawless. The discussion centers on the increasing politicization and ideological shift within the U.S. Supreme Court.

2. Understanding the Judiciary: Past vs. Present

Sammy Sage introduces Leah Litman by highlighting her ability to make complex legal topics accessible and engaging. They delve into perceptions of the judiciary, contrasting the hosts’ initial views with the current state of the Supreme Court.

• V. Spear reflects on personal experiences with the judiciary, recalling a youthful interaction with a probate family court judge who defied his otherwise sober expectations:

  "I found the judges in family court to be so much like more warm and understanding and thoughtful and interesting than I would have ever expected them to be." (03:39)

• Sammy Sage contrasts this with her perception of the federal judiciary as a more rigid and agenda-driven entity:

  "I always perceived the judiciary, you know, the federal judiciary that's deciding constitutional law to be just like a different vibe." (03:46)

3. The Rise of the Conservative Legal Movement

The conversation shifts to the influence of conservative organizations like the Federalist Society on the judiciary. Both hosts and Litman discuss how these groups have systematically reshaped the Court's ideological landscape.

• Leah Litman explains the strategic pipeline established by conservative legal groups:

  "The conservative legal movement spent over five decades targeting the court and taking it over, where they would get to a point where the Court is literally weaponized against democracy." (19:05)

• V. Spear shares anecdotes about peers who were courted by prestigious law firms and conservative institutions, underscoring the deliberate effort to embed conservative ideologies within the judiciary:

  "I assume that some of these law kids at these big schools were being very heavily and expensively courted by folks like the Federalist Society and America First Policy Institute and whatnot." (06:00)

4. Supreme Court Case Studies

Litman provides an analysis of pivotal Supreme Court cases that exemplify the Court's ideological shift and its consequences on American society.

Bush v. Gore (2000)

• Leah Litman identifies this case as a turning point where the Court began overtly influencing political outcomes:

  "After Bush v. Gore, when they decided, let's just make George Bush president and go all in and yolo. Because after that, it all went way downhill." (11:04)

• Sammy Sage recalls the Court's controversial decision to halt vote counting in Florida, questioning impartiality based on the preferred candidate's standing:

  "They didn't, quote, unquote, decide the election there, but they did say, stop counting the votes. Do you think they would have done that if their preferred candidate had been ahead or their less preferred candidate had been ahead?" (12:06)

Obergefell v. Hodges (2015)

• The legalization of same-sex marriage is discussed as a catalyst for subsequent conservative legal challenges:

  "At that case, when the Republican justices in dissent were ranting and raving about marriage equality, they suggested the decision would violate some people's First Amendment rights." (23:14)

303 Creative v. Elenis (2023)

• Litman examines this case where a wedding website designer challenges anti-discrimination laws, illustrating the Court's inclination to support conservative claims of victimhood:

  "This was the case filed by ADF Alliance Defending Freedom... redefining their business focus to align with justices' interests." (24:15)

5. The Supreme Court's Evolving Autonomy and Insulation

A significant portion of the discussion revolves around how the Supreme Court has become more insulated and autonomous, distancing itself from public accountability.

• Leah Litman asserts that the Court now perceives itself as above legislative oversight:

  "Justice Alito... said, I know this is a controversial view, but I'm going to say it. Congress has basically no power over us." (16:59)

• Sammy Sage and Litman explore the implications of this autonomy, noting the Court's ability to make jurisprudential decisions without transparent case scheduling or public engagement:

  "They write them in these long, dense opinions. But buried in there is this insanity..." (17:14)

6. Strategies for Public Awareness and Judicial Reform

The hosts and Litman discuss potential avenues to counteract the Supreme Court's conservative dominance and restore democratic accountability.

• Leah Litman emphasizes the need for sustained public engagement and organizational efforts:

  "Progressives need to dig in for the long haul and get used to going out in elections and organizing again for the foreseeable future with an eye toward the Court." (19:48)

• Sammy Sage suggests fostering a cultural presence to highlight the Court's actions, making them more relatable and scrutinized by the public:

  "If people could actually see it like this, they might see it, they might be like, oh, there's like a whole thing here." (20:54)

• Litman proposes structural reforms such as modifying the Court's authority to select cases, imposing term limits, and increasing the number of justices to dilute conservative concentration:

  "You can also increase the number of justices on the Supreme Court so it's not taken over by far right fringe conspiracy theorists." (28:14)

7. Public Perception and Media Representation

The episode concludes with reflections on how the media and public engagement can influence perceptions of the Supreme Court.

• Sammy Sage and V. Spear discuss the challenges of effectively communicating complex legal issues to the public, emphasizing the importance of relatable narratives and familiar references:

  "But she's very interesting. She's really funny with it." (36:25)
  "People will show up." (20:54)

• Leah Litman advocates for integrating Supreme Court discourse into mainstream culture to raise awareness and foster accountability:

  "Like, you can't fucking get out of bed because you are gonna make a cake for a same-sex wedding." (21:50)

8. Conclusion and Final Thoughts

The hosts commend Leah Litman for her insightful contributions and encourage listeners to engage with her work to better understand and address the Supreme Court's current trajectory.

• Sammy Sage praises the book and urges listeners to read it for a deeper comprehension of the Court's influence:

  "What is the most ridiculous thing that this court has written that you can, you know, list for us here?" (34:15)
  "Everyone here, everyone listening should or watching should read it, buy it." (35:39)

• V. Spear and Sammy Sage reflect on the podcasting experience and the importance of conveying critical issues in an engaging manner.

Notable Quotes with Timestamps

• V. Spear on initial perceptions of the judiciary:

  "I see both when it comes to the law. I've seen like my expectation that these are very studious, scholarly, smart, thoughtful, long term thinking people." (03:39)

• Leah Litman on the Supreme Court's current trajectory:

  "They are ruling for the rich and reactionary elements of American society based on this idea of victimhood." (10:14)

• Sammy Sage on public awareness:

  "Why aren't Democrats doing it? ... they are too afraid to challenge the Supreme Court because in their imagination and their mind, that Warren Court is the essence of the Supreme Court and they just refuse to acknowledge reality." (32:44)

• Leah Litman on structural reforms:

  "We need to build public attention and outrage to create a base and create incentives for democratic politicians the next time they are in office to adopt more structural reforms that would make the Court more accountable to the people." (28:49)

Final Remarks

The episode provides a critical examination of the Supreme Court's evolving role in American politics, highlighting the strategic efforts by conservative groups to steer judicial outcomes. Through Leah Litman's expert analysis, listeners gain a nuanced understanding of the Court's impact on democracy and the pressing need for reforms to restore its integrity and accountability.

For those interested in delving deeper, Leah Litman's book Lawless is highly recommended as a comprehensive resource on the subject.