Episode Summary: The Majority Report with Sam Seder

Episode: 2517 - Trump's Showdown With SCOTUS And Protesters
Host: Sam Seder
Guest: Mark Joseph Stern, Senior Writer at Slate and Co-host of the podcast Amicus
Release Date: June 12, 2025

Overview

In this episode of The Majority Report with Sam Seder, host Sam Seder engages in an in-depth conversation with Mark Joseph Stern, Slate's Senior Writer covering courts and law. The discussion centers around the escalating tensions between former President Donald Trump and the Supreme Court of the United States (SCOTUS), the resurgence of the shadow docket, and significant upcoming Supreme Court cases that could reshape American jurisprudence.

Key Topics Discussed

1. Kilmar Abrego Garcia Case

• Background: Kilmar Abrego Garcia, a construction worker, was returned to the U.S. from Seekot amid claims of involvement in a human smuggling scheme.
• Discussion Points:
  • Allegations: Federal prosecutors allege Garcia was part of a scheme to smuggle undocumented migrants from Texas through Tennessee to Maryland.
  • Skepticism: Mark expresses doubt, suggesting the Trump administration may have fabricated or exaggerated charges to comply with court orders while discrediting Garcia.
  • Prosecutorial Discretion: Highlights concerns about selective prosecution and political motivations.
• Notable Quote:

  Mark Joseph Stern (08:07): "I think it's very fishy. I think there's a good reason to be skeptical that many of these allegations against Abrego Garcia are true."

2. Mexico vs. U.S. Gun Sellers

• Case Summary: Mexico sued U.S. gun manufacturers and sellers, accusing them of facilitating arms trafficking to Mexican cartels.
• Supreme Court Decision:
  • The Court unanimously dismissed the lawsuit based on narrow interpretations of the Protection of Lawful Commerce in Arms Act (PLCAA).
  • Justice Elena Kagan authored the opinion, rejecting the broader claim that the entire gun industry is immune from liability.
• Discussion Points:
  • PLCAA's Scope: Explored the Act's unique immunity provision for gun manufacturers, contrasting it with other industries.
  • Future Implications: While the Court did not address the broader immunity question, the door remains open for future litigation.
• Notable Quote:

  Mark Joseph Stern (14:19): "There is nothing like that in any other industry. And it's why we have seen it is so rare that we see a win against a gun company, essentially."

3. Ames v. Ohio

• Case Summary: A straight woman alleged discrimination by her gay colleagues and employer, claiming violation of Title VII of the Civil Rights Act.
• Supreme Court Ruling:
  • The Court unanimously overturned lower court rulings, affirming that Title VII prohibits discrimination based on sexual orientation regardless of the claimant's majority or minority status.
• Discussion Points:
  • Legal Precedence: Reinforced the Bostock v. Clayton County decision, expanding protections under Title VII.
  • Implications for Diversity Claims: Addressed concerns about potential misuse for "reverse discrimination" but concluded such claims would remain rare.
• Notable Quote:

  Mark Joseph Stern (23:01): "Everyone has to carry the burden to prove discrimination. And everybody faces the same burden."

4. Revival of the Shadow Docket

• Definition: The shadow docket refers to the Supreme Court's handling of emergency orders and summary decisions without full briefs or oral arguments.
• Current Trends:
  • Under Trump's influence, the Court has increasingly utilized the shadow docket to expedite decisions favoring his administration.
  • Instances include rulings that reverse lower court decisions on immigration policies and impose restrictions without comprehensive deliberation.
• Discussion Points:
  • Legitimacy Concerns: Highlighted the erosion of transparency and accountability in the Court's processes.
  • Impact on Justice: Emphasized how shadow docket decisions undermine public trust and the Court's perceived impartiality.
• Notable Quotes:

  Mark Joseph Stern (39:05): "The Supreme Court has sort of revived the shadow docket."

  Sam Seder (43:44): "It's completely a rubber stamp and nobody's fingerprints are on it."

5. Trump's Rift with Leonard Leo and the Federalist Society

• Background: Leonard Leo, head of the Federalist Society, has been pivotal in shaping the conservative judiciary by promoting originalism and textualism.
• Current Tensions:
  • Trump's dissatisfaction arises from appointing judges who, despite Federalist Society affiliations, do not always align perfectly with his MAGA agenda.
  • A faction within the conservative legal movement now demands judges who are explicitly loyalists, sidelining the Federalist Society's influence.
• Discussion Points:
  • Judicial Appointments: Exploration of the shift from selecting originalist jurists to purely partisan judges.
  • Future of the Judiciary: Speculation on the quality and ideological rigidity of forthcoming judicial appointments.
• Notable Quote:

  Mark Joseph Stern (31:57): "They are willing to say, like, yes, the Constitution requires states to fund Catholic schools, and they are not going to hesitate to say that."

6. Upcoming Supreme Court Cases

• Skremetti v. United States:

  • Issue: Constitutionality of state bans on gender-affirming care for minors.
  • Expectation: The Court is likely to uphold these bans, citing equal protection, potentially escalating federal and state conflicts.
  • Notable Quote:

    Mark Joseph Stern (45:29): "The Supreme Court will very likely hold that they don't violate equal protection."

• Birthright Citizenship Case:

  • Issue: Trump administration's attempt to revoke birthright citizenship for children of undocumented immigrants and temporary visa holders.
  • Concerns: The case could lead to fragmented state policies and undermine the uniform application of citizenship laws.
  • Notable Quote:

    Mark Joseph Stern (50:43): "It's really bizarre to me that the Supreme Court took up the case on this particular question."

• Mahmoud v. Taylor:

  • Issue: Religious parents seeking to prevent public school children from accessing LGBTQ-themed books.
  • Expectation: The Court may grant First Amendment claims, allowing schools to exclude certain materials, exacerbating the debate over educational content and religious freedoms.
  • Notable Quote:

    Mark Joseph Stern (53:37): "It's going to create unconstitutional stigmatizing messages towards LGBTQ children."

Insights and Conclusions

• Judicial Independence vs. Partisanship: The episode underscores a growing concern that the judiciary is increasingly becoming a battleground for political agendas rather than a bastion of impartial justice.

• Shadow Docket Abuse: The misuse of the shadow docket threatens the transparency and legitimacy of the Supreme Court, allowing for expedited decisions that may not withstand thorough judicial scrutiny.

• Federalist Society's Waning Influence: As Trump seeks more overtly partisan judges, the Federalist Society's role in shaping a principled conservative judiciary appears to be diminishing, potentially leading to a more polarized and less intellectually rigorous Court.

• Impact on Civil Liberties: Upcoming Supreme Court decisions are poised to significantly impact various facets of civil rights, from gender-affirming care to immigration and educational content, indicating a tumultuous period ahead for American jurisprudence.

Notable Quotes with Timestamps

• Mark Joseph Stern on Kilmar Abrego Garcia (08:07):

  "I think it's very fishy. I think there's a good reason to be skeptical that many of these allegations against Abrego Garcia are true."

• Mark Joseph Stern on Mexico vs. U.S. Gun Sellers (14:19):

  "There is nothing like that in any other industry. And it's why we have seen it is so rare that we see a win against a gun company, essentially."

• Mark Joseph Stern on Ames v. Ohio (23:01):

  "Everyone has to carry the burden to prove discrimination. And everybody faces the same burden."

• Sam Seder on Shadow Docket (43:44):

  "It's completely a rubber stamp and nobody's fingerprints are on it."

• Mark Joseph Stern on Federalist Society Rift (31:57):

  "They are willing to say, like, yes, the Constitution requires states to fund Catholic schools, and they are not going to hesitate to say that."

• Mark Joseph Stern on Skremetti v. United States (45:29):

  "The Supreme Court will very likely hold that they don't violate equal protection."

• Mark Joseph Stern on Birthright Citizenship Case (50:43):

  "It's really bizarre to me that the Supreme Court took up the case on this particular question."

• Mark Joseph Stern on Mahmoud v. Taylor (53:37):

  "It's going to create unconstitutional stigmatizing messages towards LGBTQ children."

Conclusion

This episode of The Majority Report provides a comprehensive analysis of the current legal battles involving the Supreme Court, highlighting the intricate interplay between political agendas and judicial processes. Mark Joseph Stern offers expert insights into how these developments could shape the future of American law and civil rights, emphasizing the critical role of the judiciary in maintaining the nation's legal integrity.