Podcast Summary: Bulwark Takes

Episode: Supreme Court Keeps Letting Trump Abuse His Power (w/ Rep. Brendan Boyle)
Date: September 11, 2025
Host: Sam Stein (The Bulwark)
Guest: Rep. Brendan Boyle

Episode Overview

This episode centers on the looming government shutdown, internal party debates over budget negotiations, the impact of potential healthcare cuts, and a deep dive into executive abuses of congressional spending power via rescissions—specifically in the context of actions by the Trump administration and a recent Supreme Court decision. Congressman Brendan Boyle joins to discuss Democratic strategy, his new legislation to protect congressional authority over spending, and the broader implications for democracy.

Key Discussion Points & Insights

1. Government Shutdown: Who's at Fault and What’s at Stake?

• Situation Update (00:34): The government is two weeks away from a shutdown. Both parties are trading blame, but Boyle argues there’s little actual negotiation happening.

• Boyle’s 30,000-Foot View (01:21): House Democrats are unified, while Senate Democrats provided key votes last spring to delay a shutdown. Now, with little negotiation from Republicans, Boyle believes “Republicans want a government shutdown.”

  • “It appears to me quite obvious Republicans want a government shutdown.” —Rep. Boyle [01:58]

• Democratic Priorities (02:25): The main focus is reversing Republican healthcare cuts—especially to Obamacare, Medicaid, and Medicare.

  • Impact: Loss of Obamacare subsidies could drop 15 million people from coverage immediately.
  • “It turns out throwing 15 million people off their health care to pay for tax cuts for the ultra rich is not a very popular idea.” —Rep. Boyle [03:22]

2. The Problem with Rescissions and Negotiating with the GOP

• The Threat of Overturned Deals (03:56): Boyle raises the issue of “rescissions”—the White House’s ability to unilaterally rescind funding, undermining any congressional deal.

  • “We reach an agreement on a Monday...and the very next day on Tuesday, the White House says, thank you very much for your votes. We’re keeping the things we want in the bill. And all those priorities...we’re rescinding them. That’s what this White House has been doing.” —Rep. Boyle [04:14]

• Red Line on Rescissions (05:04): For Boyle, blocking future rescissions must be a non-negotiable. He introduces the "Congressional Power of the Purse Act" to address this.

  • “Congress has the power of the purse. That’s clearly in the Constitution. What my legislation does is basically provides more tools to enforce that.” —Rep. Boyle [05:45]

3. What Must be in the Funding Deal?

• Healthcare Buckets (06:56): The party is united behind protecting healthcare funding, though the “cliffs” hit at staggered times:

  • Obamacare: Most urgent, subsidies end first.
  • Medicare cuts: Start January 1.
  • Medicaid cuts: Delayed until after the 2026 election for political reasons.
  • “The big, beautiful bullshit bill is the biggest cut to Medicare in American history, in addition to being the biggest cut to Medicaid in American history. So no wonder it’s so unpopular.” —Rep. Boyle [07:53]

• Party Unity and the Schumer Factor (08:32): Past disagreements between House and Senate Democrats (notably Schumer’s compromise last year) are less present now. Boyle is reassured by recent statements from Senate leadership.

  • “It sounds like he and his caucus are where we House Democrats are. So...I’m a lot less concerned about that.” —Rep. Boyle [09:24]

4. Will the Government Actually Shut Down?

• Prediction (09:51): Boyle expects a shutdown because “Republicans genuinely want one” and won’t risk a deal that crosses Trump. The party is paralyzed, waiting for Trump’s approval.

  • “None of them want to do anything that in any way crosses Trump.” —Rep. Boyle [10:24]
  • “Absent Trump saying, you know, finally negotiate with Democrats...I just don’t see Republicans negotiating in good faith.” —Rep. Boyle [10:57]

• Trump’s Improv Leadership (11:53): Despite pressure from his advisors, Trump’s unpredictability means anything is possible.

  • “He makes it up as he goes along.” —Rep. Boyle [11:58]
  • “It’s improv jazz.” —Sam Stein [12:09]
  • “Yeah. Just doesn’t sound nearly as nice.” —Rep. Boyle [12:10]

5. Executive Power and the Supreme Court’s Role

• Pocket Rescissions Explained (14:07): The administration recently rescinded $5 billion in foreign aid close enough to the funding lapse to prevent Congress from acting. Justice Roberts and the Supreme Court upheld this, at least temporarily.

  • “Absolutely nothing the Supreme Court does surprises me. They have given green light after green light to Donald Trump to do whatever the hell he wants.” —Rep. Boyle [15:01]

• Constitutional Stakes (15:46): Boyle details the historic context and law (1974 Budget and Empowerment Control Act) and how “pocket rescissions” exploit timing to evade congressional oversight.

• Legislation to Counteract (17:35): The new act would eliminate the executive’s ability to game the clock, reinforcing Congress’s spending authority.

  • “It creates a lot more tools to ensure that we don’t have a situation...in which a president is acting as if he’s the one and only supreme branch of government where he’s taking away the power of the purse from Congress.” —Rep. Boyle [18:03]

Notable Quotes and Memorable Moments

• “It turns out throwing 15 million people off their health care to pay for tax cuts for the ultra rich is not a very popular idea.” —Rep. Boyle [03:22]
• “Congress has the power of the purse. That’s clearly in the Constitution.” —Rep. Boyle [05:45]
• “The big, beautiful bullshit bill is the biggest cut to Medicare in American history…” —Rep. Boyle [07:53]
• “Absent Trump saying...finally negotiate with Democrats...I just don’t see Republicans negotiating in good faith.” —Rep. Boyle [10:57]
• “He’s a guy who makes it up…there is no grand…plan in Donald Trump’s mind…” —Rep. Boyle [11:58]
• “Absolutely nothing the Supreme Court does surprises me. They have given green light after green light to Donald Trump…” —Rep. Boyle [15:01]
• “Rescissions are basically rescinding money that was already appropriated by Congress...Well, guess what? The courts have...ruled this is patently illegal. Nixon tried it.” —Rep. Boyle [16:00]
• “It creates a lot more tools to ensure that we don’t have a situation...in which a president is acting as if he’s the one and only supreme branch of government…” —Rep. Boyle [18:03]

Timestamps for Major Segments

• 00:34 — Introduction to the shutdown and party dynamics
• 01:21 — Boyle on Republican motivation and healthcare stakes
• 03:36 — Debate over “clean CR” and rescissions as red line
• 05:18 — Introduction of Congressional Power of the Purse Act
• 06:56 — Which healthcare cuts are prioritized and political timing
• 08:32 — Party unity, Schumer’s Senate strategy
• 09:51 — Boyle’s shutdown prediction & Trump’s influence
• 11:53 — Trump’s unpredictability and potential for deals
• 14:07 — Explanation of pocket rescissions and Supreme Court role
• 17:35 — Details of new legislation to curtail executive rescission powers
• 18:25 — Closing thoughts and sign-off

Tone and Style

The conversation is candid, direct, and laced with irreverent humor (e.g., “the big, beautiful bullshit bill”). Boyle speaks with urgency about constitutional norms and congressional prerogatives, while Sam Stein offers skeptical, probing questions to clarify strategy and expose contradictions.

For Listeners Who Missed It

This episode is a must for those seeking a clear view into the high-stakes budget standoff, the importance of congressional control of spending, and how current executive practices and Supreme Court decisions are changing American government. Rep. Boyle’s new legislation emerges as a crucial Democratic response to these threats, laying out the constitutional, political, and practical stakes in unusually plain language.