The Bulwark Podcast - Season 2, Episode 1042: "Grievance All the Way Down"

Release Date: May 14, 2025

Introduction

In this episode of The Bulwark Podcast, host Tim Miller engages in a deep and insightful discussion with two distinguished guests: Leigh Lippman, a Professor of Law at the University of Michigan and author of the book "How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes", and Andrew Egger, the White House Correspondent at The Bulwark and co-author of the Morning Shots newsletter. The episode delves into the current landscape of the Supreme Court, the influence of conservative legal movements, and the intersection of politics and cryptocurrency within the Trump administration.

Segment 1: Leigh Lippman on the Supreme Court and Conservative Legal Strategies

Key Topics Discussed:

• Upcoming Supreme Court Cases: Leigh Lippman provides an overview of significant cases on the Supreme Court docket, including those related to gender-affirming care, LGBTQ literature in schools, the Alien Enemies Act, and voting rights.

• Originalism and Judicial Philosophy: The conversation explores the originalist approach to constitutional interpretation, critiquing how it has been co-opted by conservative factions to advance specific ideological agendas.

• Conservative Grievance Culture: Lippman examines the rise of a grievance-driven mindset within the conservative legal movement, emphasizing how it shapes judicial decisions and court dynamics.

Notable Quotes:

• Leigh Lippman [02:22]: "If the Supreme Court says laws that ban gender-affirming care don't discriminate on the basis of sexual and don't discriminate on the basis of gender identity, then laws that restrict that care for adults would also get super deferential review."

• Leigh Lippman [19:30]: "There are two different things going on. One is, there's always been this ridiculousness in the Supreme Court's insistence that they are going to somehow teach Congress to legislate... And the Republican justices have basically created rules that gerrymandered in exceptions for things Republicans wanted to do."

• Leigh Lippman [32:24]: "Shelby County versus Holder... turning a case involving racial discrimination into one where the former Confederacy is the real victim. Wow, that's real galaxy brain conservative grievance."

Discussion Highlights:

• Impact of Conservative Justices: Lippman discusses how justices like Sam Alito and Neil Gorsuch interpret cases through a lens of conservative grievance, often prioritizing ideological outcomes over traditional judicial principles.

• Federalist Society's Role: The influence of the Federalist Society and key figures like Leonard Leo in shaping the judicial landscape is analyzed, highlighting the strategic selection and promotion of judges aligned with specific conservative agendas.

• Case Studies: Specific cases such as Creative versus Olennis and Shelby County versus Holder are examined as examples of how the Supreme Court is navigating issues of discrimination, religious freedom, and voting rights under a grievance-oriented framework.

Segment 2: Andrew Egger on White House Briefings and Cryptocurrency Ethics

Key Topics Discussed:

• Experience as White House Correspondent: Andrew Egger shares his firsthand experience attending White House briefings, detailing the environment, the nature of questions posed, and the overall demeanor of the administration towards media interactions.

• Cryptocurrency and Conflict of Interest: The discussion shifts to the Trump administration's involvement in cryptocurrency initiatives, specifically the Trump meme coin. Egger highlights ethical concerns regarding conflicts of interest and the potential for financial gain.

• Regulatory Challenges: Egger touches upon proposed legislation, such as Senator Mike Lee's bill criminalizing interstate pornography exchange, exploring its implications and the broader debate on regulating online content.

Notable Quotes:

• Andrew Egger [39:07]: "The Trumps do stand to make, you know, millions of dollars off of these various crypto grifts. They get a cut of all these transactions that are happening and they own massive supplies of these coins themselves."

• Andrew Egger [46:49]: "I just love this future that we're lurching into where the median American voter... is this exact guy, this sort of barstool Republican guy, just the dumbest kind of grossest, most empty-headed, smooth-brain thinking with his dick guy in all of America."

• Andrew Egger [56:40]: "I am pretty much of the opinion that the whole notion that, like, porn is too ubiquitous and sort of universally accessible to do anything about from a regulatory standpoint, I find that kind of defeatist and lame and not very persuasive."

Discussion Highlights:

• White House Crypto Schemes: Egger critiques the administration's foray into cryptocurrency, emphasizing the opacity and potential for self-dealing. He discusses how initiatives like the Trump coin may serve as avenues for financial enrichment while circumventing traditional conflict of interest regulations.

• Ethics and Legislative Proposals: The conversation delves into Senator Mike Lee's proposed bill targeting interstate pornography exchange, with Egger expressing skepticism about the feasibility and effectiveness of such regulations in the digital age.

• Political Implications: Egger and Miller explore the broader political ramifications of these policies, including the influence of MAGA figures and the challenges faced by genuine policy advocates within the Republican Party.

Conclusion

The episode of The Bulwark Podcast offers a comprehensive analysis of the current state of the Supreme Court, the influence of conservative grievance culture, and the ethical dilemmas posed by the Trump administration's engagement with cryptocurrency. Through insightful discussions with Leigh Lippman and Andrew Egger, listeners gain a nuanced understanding of the interplay between legal philosophy, political strategy, and emerging financial technologies.

Final Remarks:

• Leigh Lippman: "You can ensure your family and loved ones avoid lengthy, expensive legal proceedings or the state deciding what happens to your assets. Their simple step by step process guides you from start to finish, one question at a time." [Note: This appears to be an advertisement and is skipped in content-focused summaries.]

• Andrew Egger: "I do feel like you have to do something about this World Wide Web. I feel like..." [Note: Transition into non-content sections, ads, or promotional material is omitted as per instructions.]

Further Listening

• Leigh Lippman's Book: "How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes"
• Leigh Lippman's Podcast: "Strict Scrutiny"
• Andrew Egger's Newsletter: "Morning Shots"

This summary provides an overview of the critical discussions and insights shared in the episode, structured to facilitate understanding for those who have not listened to the original podcast.