Summary of "Pod Save the Separation of Powers" - Strict Scrutiny Podcast

Release Date: March 3, 2025

Introduction

In the latest episode of Strict Scrutiny, titled "Pod Save the Separation of Powers," hosts Leah Litman, Kate Shaw, and Melissa Murray dive deep into the tumultuous landscape of the United States Supreme Court, the intricate workings of the federal government, and the ongoing legal and political battles shaping the nation. The episode provides an insightful analysis of recent actions by the Trump administration, judicial decisions, and the broader implications for the separation of powers within the U.S. government.

POD Save the Separation of Powers

Melissa Murray (02:24):
"Hello and welcome back to Strict Scrutiny, your podcast about the Supreme Court and the legal culture that surrounds it."

The episode begins with the "Pod Save the Separation of Powers" segment, where the hosts discuss recent and concerning developments within the executive branch, particularly actions that threaten the foundational principle of separation of powers.

1. Trump Administration's Moves Against USPS (03:38):

   • Leah Litman: Highlights reports from The Washington Post about the Trump administration's intentions to take control of the United States Postal Service (USPS) and terminate the Postal Board.
   • Kate Shaw: Emphasizes the potential chaos this could unleash, noting that USPS has been a reliable mail service for over 250 years, essential for rural areas and critical functions like mail-in voting.

2. Elon Musk's Directive to Federal Workers (04:35):

   • Melissa Murray: Discusses Elon Musk's controversial email to federal workers requiring them to summarize their weekly accomplishments or face termination, drawing parallels to his management style at Twitter.

3. The Mystery of the Doge Administrator (07:07):

   • Kate Shaw & Leah Litman: Delve into the enigmatic role of the "Doge administrator," questioning the transparency and accountability within the current administration. They critique the administration's handling of this position, suggesting it undermines the executive branch's integrity.

4. Administrative Overreach and Judicial Pushback (14:26):

   • Leah Litman: Addresses the administration's attempts to exert control over independent agencies, such as the firing of administrative law judges, which threatens the impartial enforcement of federal laws and benefits.

5. Retaliation Against Lawyers (15:16):

   • Melissa Murray: Highlights the Trump administration's aggressive stance against law firms representing dissenting voices, specifically citing the revocation of security clearances for lawyers at Covington & Burling involved in pro bono cases against the administration.

Supreme Court Case Recaps

The hosts provide detailed recaps of recent Supreme Court opinions, shedding light on the Court's stance on various legal issues.

1. Glossip vs. Oklahoma (43:33):

   • Leah Litman & Kate Shaw: Discuss the 5-3 decision favoring Richard Glossip, whose conviction was marred by false testimony and undisclosed exculpatory evidence.
   • Notable Quote:
     • Kate Shaw (47:18): "This is the case where he gets all of a sudden exorcised about ethics, where the ethical lapse is appointing someone to investigate a possibly innocent man having been sentenced to death."

2. Williams vs. Reed (44:26):

   • Melissa Murray & Kate Shaw: Analyze the Court's reinforcement that state courts cannot sidestep federal civil rights claims by imposing exhaustion of state remedies under Section 1983.

3. Pertue vs. Richards (73:09):

   • Kate Shaw: Explains the implications of denying incarcerated individuals the right to a jury trial in certain civil rights suits, drawing connections to broader issues of legal accessibility and equality.

4. Ames vs. Ohio Department of Youth Services (56:38):

   • Leah Litman & Kate Shaw: Explore the controversial claim by Marlene Ames alleging discrimination based on her being straight, and the Court's potential reception of this argument under the McDonnell Douglas framework.

Judicial Perspectives and Commentary

Throughout the episode, the hosts provide critical commentary on the justices' opinions and dissents, highlighting ideological divides and the potential future direction of the Supreme Court.

• Justice Thomas's Dissent (46:20):

  • Kate Shaw: Praises Justice Thomas for his dissent in the Glossip case, where he criticized the appointment of Rex Duncan as independent counsel, emphasizing judicial ethics.

• Justice Barrett's Standpoint (50:19):

  • Kate Shaw: Expresses hope that Justice Barrett might be more approachable in specific cases, though acknowledges her consistent conservative stance in broader legal matters.

• Justice Kagan's Advocacy (49:09):

  • Melissa Murray: Notes Justice Kagan's efforts to preserve jury trial rights in civil rights cases, indicating a pushback against restrictive interpretations by conservative justices.

New Segment: Things We Read, Not Hate Read

Introducing a new segment, "Things We Read, Not Hate Read," the hosts share recommended readings that provide deeper insights into the current political and legal climate.

• Adam Serwer's "The Great Resegregation":

  • Leah Litman: Highlights how the Trump administration's policies mirror segregationist tactics, drawing analogies to meritocratic illusions and autocratic tendencies.

• Michelle Goldberg's Column on Andrew Tate:

  • Kate Shaw: Recommends Michelle Goldberg's in-depth analysis of Andrew Tate's influence and the administration's apparent endorsement of controversial figures.

• Additional Recommendations:

  • Kate Shaw: Suggests an NPR interview with former ambassador David Pressman and the novel Martyr for a change of pace.
  • Melissa Murray: Recommends Kristin Kobes Du Mez's Jesus and John Wayne for its exploration of Christian evangelicalism and toxic masculinity.

Closing Remarks

The episode wraps up with the hosts reinforcing their commitment to covering both Article 2 and Article 3 of the U.S. Constitution, emphasizing the interconnectedness of executive actions and judicial interpretations. They acknowledge the challenging legal battles ahead and the importance of maintaining checks and balances within the government.

Melissa Murray (41:53):
"Much of what the administration is doing under this expansive notion of Article 2 is actually connected to the Court and its own understanding of its authority under Article 3."

Leah Litman (43:19):
"If you're looking for something to do the same with, give it a try." (Referring to recommended readings and resources)

Notable Quotes

• Leah Litman (03:07):
  "I ask no favor for my sex. All I ask of our brethren is that they take their feet off our necks."

• Kate Shaw (10:03):
  "Solid joke. Yeah."

• Melissa Murray (25:36):
  "But the presumption of regularity is just a presumption, as is the presumption of good faith on voluntary cessation."

• Leah Litman (32:30):
  "Like holding up fingers crossed so we can't see it in the transcript and signal."

• Kate Shaw (49:36):
  "We could solve the budget as Congress, we could solve the border..."

Conclusion

"Pod Save the Separation of Powers" offers a comprehensive and critical examination of the current state of the U.S. government, highlighting the tensions between different branches and the potential threats to established norms of governance and judicial independence. Through incisive analysis and engaging discussion, Strict Scrutiny continues to illuminate the complexities of American legal and political systems for its listeners.

End of Summary