Podcast Summary: Strict Scrutiny – Episode: "Stacking the Bench with Creeps & Kooks"

Release Date: August 4, 2025
Hosts: Leah Litman, Kate Shaw, Melissa Murray
Special Guest: Mark Joseph Stern

Overview

In the episode titled "Stacking the Bench with Creeps & Kooks," hosts Leah Litman, Kate Shaw, and Melissa Murray dive deep into the Trump administration's strategic efforts to undermine the integrity of the federal judiciary. Joined by special guest Mark Joseph Stern, the discussion illuminates the dual approach of attacking judges who uphold the law while simultaneously appointing compliant judges to reshape the courts. The episode also features a conversation with sociologist and author Jessica Calarco about her book, "Holding It Together: How Women Became America's Safety Net."

1. Trump Administration’s Attacks on Federal Judges

Leah Litman sets the stage by highlighting the Trump administration's apparent "hackathon" aimed at undermining judges who adhere to legal standards. The strategy encompasses both discrediting existing judges and promoting nominees sympathetic to the administration's agenda.

Leah Litman (02:22): "The Trump administration appears to be engaged in a weird hackathon attacking and undermining judges who follow the law, while at the same time confirming judges who will do no such thing."

2. Case Study: Ghislaine Maxwell’s Transfer

A significant portion of the discussion centers around Ghislaine Maxwell's recent transfer to a minimum-security facility. Leah and Mark draw parallels to past DOJ interventions, suggesting potential quid pro quo arrangements.

Mark Joseph Stern (05:25): "Completely innocent, and this government also knows that pardon for Maxwell probably isn't gonna look so good or a commutation also not gonna play so well with the masses."

3. Intimidation of Judges and Threats

The hosts shed light on the alarming increase in threats against federal judges, emphasizing the violent and misogynistic nature of these attacks. A particularly egregious voicemail threatening Judge McConnell is recounted.

Leah Litman (11:03): "This is violent, painful misogyny that is repeatedly on display."

4. Speak Up for Justice Law

Leah introduces Speak Up for Justice Law, a new organization dedicated to raising awareness about the assaults on judges. The episode highlights the sacrifices made by judges like Esther Salas, who endured personal tragedies due to right-wing violence.

Mark Joseph Stern (11:03): "This administration knows all of the tools that it can use to help the people it wants to help and hurt the people it wants to hurt."

5. Nomination and Confirmation of Emil Beauvais

The discussion shifts to Emil Beauvais, Trump's nominee to the U.S. Court of Appeals for the Third Circuit. Allegations against Beauvais, including intent to defy court orders and misconduct in handling the Eric Adams case, are examined in detail.

Mark Joseph Stern (25:42): "As the Justice Department was attempting to defend these unlawful deportations under The Alien Enemies Act, Emil Beauvais allegedly stated that Justice Department lawyers might have to say fuck you to the courts."

6. Senate’s Role: Blocking Adil Mongi

Mark critiques the Senate's obstructionist tactics that prevented the confirmation of Adil Mongi, a highly qualified nominee intended to fill the vacancy Beauvais occupies.

Mark Joseph Stern (35:09): "This was a seat that opened under President Joe Biden... Democrats in the Senate had done their job and confirmed Adel Monge last year."

7. Judicial Misconduct Complaints

Leah and Mark discuss the Trump administration's misconduct complaint against Chief Judge Boasberg, highlighting the baseless nature of the allegations intended to portray judicial bias.

Mark Joseph Stern (13:05): "What the administration has filed here is total hearsay about a judge doing his job."

8. Supreme Court’s Influence on Voting Rights Act

The hosts touch upon the Supreme Court's ongoing challenges to the Voting Rights Act, particularly the Louisiana v. Calais case, signaling an existential threat to racial equality in voting.

Leah Litman (55:36): "The Supreme Court's shadow docket madness and birthright citizenship case were issued... directing the parties to brief whether the state's intentional creation of a second majority minority congressional district violates the 14th or 15th amendment."

9. Guest Segment: Jessica Calarco on "Holding It Together"

The latter part of the episode features a conversation with Jessica Calarco, author of "Holding It Together: How Women Became America's Safety Net." Calarco discusses how financial capitalism and neoliberal policies have eroded the social safety net, disproportionately burdening women with unpaid caregiving roles.

Jessica Calarco: "Under financial capitalism... the unpaid work of care is essential, yet devalued and undercompensated."

10. Rebuilding the Care Infrastructure

Calarco emphasizes the need to invest in a robust care infrastructure to support families and challenge the ingrained myths that women are naturally suited for caregiving roles without adequate support.

Jessica Calarco (85:47): "Investing in a care infrastructure... allows all of us to be better and more active participants and contributors to our communities."

Notable Quotes

• Leah Litman (00:00): "You don't destroy 250 years of secular democracy without gutting precedent, shattering norms, and dropping a few billion."

• Mark Joseph Stern (06:22): "What did they do in the spa?... People were taken out of the spa, hired by him. In other words, gone."

• Leah Litman (41:37): "Couldn’t put it better. I mean, really brutal scorching."

• Jessica Calarco (77:09): "These kinds of myths operate to reify and justify these kinds of deeply unequal systems where we're all pushing that work of care downstream."

Concluding Insights

The episode underscores a critical examination of the Trump administration's influence over the federal judiciary, highlighting tactics that threaten judicial independence and the rule of law. Through detailed case studies and expert analysis, the hosts reveal the broader implications of this judicial manipulation on American democracy. The guest segment bridges these political maneuvers with societal impacts, emphasizing the essential role of women in maintaining the social safety net and advocating for systemic reforms to support caregiving roles equitably.

Additional Resources:

• Speak Up for Justice Law: www.speakupforjustice.org
• Amicus Podcast: www.amicus.buzz