Next Comes What? - Episode Summary: "Against a Rogue Court"
Podcast Information:
- Title: Next Comes What?
- Host/Author: Andrea Pitzer
- Description: Author Andrea Pitzer explores lessons from the global rise of authoritarian strongmen to counteract figures like Trump and his allies.
- Episode: Against a Rogue Court
- Release Date: June 26, 2025
Introduction
In this compelling episode of Next Comes What?, host Andrea Pitzer delves into a series of alarming developments in the United States that signal a troubling drift toward authoritarianism. From unauthorized military actions to controversial Supreme Court decisions, Pitzer examines how recent events impact democracy and individual rights.
US Military Action in Iran
Key Event: Over the weekend, the US conducted bombings in Iran in support of Israel without congressional approval or public disclosure.
- Pentagon Report Findings:
- At least two Iranian nuclear facilities targeted were not fully destroyed.
- Iran's nuclear program experienced only a few months' setback.
Andrea Pitzer [00:00]:
"On Next Comes What? Over the weekend, the US Bombed Iran in support of Israel without going to Congress or making a case to the American public."
This unilateral military action underscores the administration's willingness to bypass traditional checks and balances, raising concerns about executive overreach in foreign policy.
Supreme Court Decisions Impacting Civil Rights
1. Scrometti Case: Transgender Minors' Healthcare
- Decision: The Supreme Court, in a 6-3 ruling, upheld Tennessee's ban on gender-affirming care for minors.
- Contrast with 2019 Ruling: Previously, transgender individuals were granted workplace protections against discrimination.
- Uncertainty: The reasoning behind the shift remains unclear.
Andrea Pitzer [00:35]:
"The Scrometti decision likewise involves further acceleration into authoritarianism because it involves denying the equal humanity and rights of a group of citizens in this case to have medical care that non-trans children in the same states can get."
Impact: The ruling creates a bifurcated healthcare system where transgender minors are denied rights and protections, signaling a broader trend of institutional discrimination.
2. DHS v. Dvd: Immigration and Deportations
- Issue: The Supreme Court authorized deporting undocumented immigrants to third countries without their consent or a chance to argue potential dangers.
- Shadow Docket Decision: The ruling was made without a detailed legal rationale, leaving the vote count undisclosed.
- Dissenting Opinion: Justice Sotomayor expressed deep concern, emphasizing the lack of safeguards for individuals facing torture or persecution.
Andrea Pitzer [04:25]:
"Justice Sotomayor wrote the dissent that seems not only furious but despondent about what the court has signaled in this case."
The Shadow Docket Phenomenon
- Definition: Termed by Stephen Vladek as an umbrella for the Supreme Court's less transparent decisions outside the traditional merits docket.
- Prevalence: Approximately 99% of Court's dispositive rulings occur via the shadow docket, often without explanations.
Andrea Pitzer [08:15]:
"Most of them are anodyne, but increasingly, a lot of them are not. Consequential rulings can sometimes happen there..."
Concerns:
- Lack of Transparency: Decisions are made without oral arguments or extensive briefing.
- Partisan Bias: Outcomes often align with political biases, undermining the perception of neutral judicial principles.
Historical Parallels and Current Implications
Comparison to Authoritarian Practices:
- Nazi Germany: Referenced General Goering’s assertion that Nazi policies were driven by a desire to dominate and eliminate the weak, not by inherent cruelty.
- Gulag System: Draws parallels between current US detention practices and Soviet-era concentration camps, highlighting systemic dehumanization.
Andrea Pitzer [16:30]:
"These detention projects are meant to be gray around the edges in terms of what categories of people can be detained and deported and where they can be sent."
Australia's Offshore Detention Model:
- Example: Detention facilities on Manus Island and Nauru faced severe human rights violations, including inadequate sanitation and healthcare, leading to suicides and violence.
- Impact: International condemnation from bodies like Amnesty International and the UN Human Rights Committee.
Current US Policies and Their Consequences
Third Country Deportations:
- Mechanism: Immigrants are deported to countries where they may face torture, forced labor, or detention.
- Challenges:
- Acceptance Issues: Most countries are unwilling to take in non-citizens, leading to exploitation and human trafficking.
- Secretive Agreements: Lack of transparency in negotiations heightens the risk of abuses.
Alligator Alcatraz Initiative:
- Plan: A detention facility in the Florida Everglades, leveraging FEMA funds.
- Public Reaction: Significant opposition from community groups and activists fighting the establishment of the facility.
Andrea Pitzer [27:45]:
"How could escapees possibly survive? This practice, often called internal exile, would uproot millions of families and change the face of the USSR forever."
Legal and Social Responses
Judicial Pushback:
- Lower Courts: Despite the Supreme Court's ruling, lower courts have provided crucial protections, delaying aggressive deportation policies.
- Role of Congress: Emphasizes that only Congress can enact substantive immigration law changes, not the executive.
Public Activism and Community Action:
- Forms of Engagement:
- Protests and Demonstrations: For example, over 100 people protested against a detention facility in Lake County, Michigan.
- Support Groups: Connecting with organizations aiding detained individuals and their families.
- Local Initiatives: Organizing social media campaigns, distributing informational flyers, and writing opinion pieces.
Andrea Pitzer [45:20]:
"The larger the number of people we bring aboard nationwide, the more we can accomplish. ... When every life is worth saving, every toehold matters."
Calls to Action
Andrea Pitzer outlines various strategies for listeners to combat the erosion of democracy and protect immigrant rights:
-
Connect with Support Groups:
- Engage with organizations representing detainees or assisting immigrant families.
-
Public Advocacy:
- Write to local newspapers.
- Organize and participate in social media campaigns.
- Create and distribute flyers in public spaces to raise awareness.
-
Community Involvement:
- Volunteer with local programs supporting immigrants.
- Support legal aid efforts, literacy programs, and other community services.
-
Political Engagement:
- Protest against policies and legislation that undermine human rights, such as those proposed by lawmakers like Marsha Blackburn.
- Encourage policies that uphold the rule of law and protect individual rights.
Andrea Pitzer [58:40]:
"If you've ever imagined that you would have hidden Jews in your attic In World War II, I encourage you to think about what kind of roles might be available to you today."
Conclusion
Andrea Pitzer emphasizes the critical role of collective action and community solidarity in resisting authoritarian tendencies. By staying informed, engaged, and proactive, individuals can safeguard democratic principles and protect vulnerable populations from systemic abuses.
Andrea Pitzer [1:05:50]:
"What are you doing today to show you're one of the good guys? The sign that jumped out to me was the person not far from me on the road had a sign that said what is your conscience saying? And that should lead us to change."
She urges listeners to remain vigilant and committed, reminding them that every small action contributes to a larger movement capable of effecting meaningful change.
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Andrea Pitzer [1:07:30]:
"Thank you for listening and thank you for watching."