Today, Explained: "Trump's Judge Grudge" - Episode Summary
Release Date: March 25, 2025
Host/Author: Vox
Hosts: Sean Rameswaram and Noel King
1. Introduction: The State of Federal Accountability
The episode opens with the hosts addressing a significant issue of perceived incompetence within the federal government. Sean Rameswaram highlights a major security lapse involving a group chat where top security officials accidentally included a journalist, leading to exposed plans related to bombing Houthis in Yemen. He states, “The president of the United States said it's news to him” (00:00).
Noel King adds to the discussion by critiquing the Secretary of Defense’s attempts to discredit the journalist, referring to the efforts as aimed at undermining media credibility: “The Fox News Secretary of Defense is trying to discredit the journalist who was added to the chat against his will” (00:24).
Sean continues by emphasizing the administration's contradictory stance on federal accountability and judicial independence: “The federal government is not in its accountability era, but somehow, concurrently, this administration is calling for federal judges to be impeached for doing their actual jobs” (00:44).
2. Trump's Legal Struggles and Judicial Battles
Kate Shaw’s Analysis
Kate Shaw, a law professor at the University of Pennsylvania's Carey Law School and co-host of the podcast "Strict Scrutiny," provides an in-depth analysis of former President Trump's recent legal setbacks. Shaw outlines Trump’s poor performance in litigation over the past months, noting, “Trump has fared remarkably poorly in litigation in the last two months. He really is on an impressive losing streak” (02:32).
She details Trump's unsuccessful attempts to defend various policies and actions, including challenges to birthright citizenship and executive orders. Shaw points out that while Trump has secured minor victories in lower courts, his cases at the Supreme Court level have not fared well: “In the only two cases to reach the Supreme Court so far, those were both like very early stage procedural matters, but he lost both of them” (02:55).
3. The Judge Boasberg Controversy
The discussion shifts to the specific case involving Judge James Boasberg and the Trump administration's attempt to apply the Alien Enemies Act to deport individuals to El Salvador. Shaw explains the historical context of the statute and its rare use: “That’s been used three times, always in wartime. 1812, World War I, World War II” (03:25).
She predicts that the administration is likely to lose this case, emphasizing the robustness of judicial oversight: “It has been challenged, and it is before this district judge, Judge Boasberg, and that seems to be the kind of... it's pretty clear the administration is going to lose big in front of Judge Boasberg” (03:25).
Noel King voices the Trump administration's aggressive stance against Judge Boasberg, claiming, “Judge James Boasberg is doing everything in his power to usurp the power of the presidency. He is a local, unknown judge, a grandstander looking for publicity” (04:34).
4. Impeachment and Judicial Independence
Shaw delves into the mechanics and rarity of judicial impeachments, clarifying the two-step constitutional process. She notes, “Impeachment is the first half of the two-step process in the Constitution” (08:06), and explains its historical infrequency: “There have been 15 impeachments of federal judges. Only eight of them have resulted in conviction” (08:06).
The hosts discuss the potential implications of Trump's rhetoric urging for the impeachment of judges who are merely performing their duties, raising concerns about the erosion of judicial independence. Shaw emphasizes the gravity of such actions, stating, “Calling for his impeachment based on this, you know, preliminary set of rulings is an enormous escalation in terms of the way Trump has been talking about and acting toward the judiciary” (06:07).
5. The Role of Chief Justice John Roberts
The conversation highlights Chief Justice John Roberts' influential role in shaping executive power. Shaw attributes the expansion of presidential authority to Roberts' recent Supreme Court opinion: “Chief Justice John Roberts, ... last year helped expand our views of presidential power in this country” (10:32).
She connects this judicial philosophy to the current conflicts between Trump and the judiciary, noting Roberts' unusual public rebuke of Trump's calls for impeachment: “Roberts issued this very unusual statement, kind of a rebuke of President Trump” (12:17).
6. Supreme Court Dynamics and Amy Coney Barrett
The episode transitions to discussions about Supreme Court Justice Amy Coney Barrett. Noel King provides a critical perspective on Barrett's judicial decisions, suggesting that even staunch conservatives like Barrett are sometimes at odds with Trump’s expectations: “There aren't that many of them. She's a very, very, very conservative judge. But there was one really high profile case recently involving USAID” (22:00).
Shaw explains a recent Supreme Court decision where Barrett, along with Chief Justice Roberts, sided against the Trump administration in a case involving frozen foreign aid. This decision has caused friction within conservative circles: “In a 5 to 4 decision, the court left in place the lower court's order which said that the government has to pay these vendors. Two Republicans, Roberts and Barrett, crossed over and voted with the Democrats” (22:35).
Noel King critiques Barrett's judicial approach, arguing that she, along with other conservative justices, sometimes fails to align with the administration's agenda. He shares an anecdote about himself and criticizes the vetting process for judicial nominees: “I think they, you know, we need to be a little bit more discerning in the future when it comes to these judicial nominees” (24:18).
7. Internal Republican Criticism and the Future of Judicial Appointments
The hosts discuss the internal conflicts within the Republican Party regarding judicial appointments. Noel King mentions criticism from within the party, exemplified by law professor Josh Blackman’s unfavorable review of Barrett: “...the only legal scholar I'm aware of who's really gone after her is a law professor named Josh Blackman” (23:34).
Shaw observes that these internal critiques reflect a broader concern that Trump seeks judges who are loyal rather than independent: “These are people who see Donald Trump as someone who should have vast executive power and people are mad at them or especially her” (25:12).
8. The Future of Judicial Appointments and Party Influence
The episode concludes with reflections on how these judicial conflicts might influence future nominations. The hosts speculate that Trump may be swayed by conservative critics when selecting future judges to ensure alignment with his administration’s policies: “There is a real chance that these sorts of criticisms... influence who he appoints in the future” (24:23).
Key Quotes with Timestamps
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Sean Rameswaram:
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Noel King:
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Kate Shaw:
- “Trump has fared remarkably poorly in litigation in the last two months...” (02:32)
- “Calling for his impeachment based on this... is an enormous escalation...” (06:07)
- “Chief Justice John Roberts... helped expand our views of presidential power...” (10:32)
- “Amy Coney Barrett is a warning against the dangers of Republican D E I...” (23:34)
Concluding Remarks
The episode "Trump's Judge Grudge" provides a comprehensive analysis of former President Trump's ongoing battles with the judiciary, highlighting his attempts to undermine judges who oppose his policies. Through expert insights from Kate Shaw and critical commentary from the hosts, the episode underscores the fragile state of judicial independence amidst political pressures. The discussion also sheds light on the broader implications for future judicial appointments within the Republican Party and the potential long-term effects on the U.S. legal landscape.
Timestamp Guide:
- 00:00 - Introduction to federal incompetence issue
- 00:21 - Co-host’s initial comments
- 00:24 - Discussion on discrediting the journalist
- 00:44 - Commentary on federal accountability
- 02:32 - Kate Shaw on Trump's legal struggles
- 04:34 - Co-host on Judge Boasberg
- 06:07 - Shaw on impeachment escalation
- 08:06 - Shaw on impeachment rarity
- 10:32 - Shaw on Chief Justice Roberts
- 22:00 - Co-host on Amy Coney Barrett case
- 22:35 - Supreme Court decision involving Barrett
- 23:34 - Criticism of Barrett’s judicial approach
- 24:18 - Discussion on future judicial appointments
- 25:12 - Shaw on Republican frustrations
Note: The timestamps correspond to the transcript segments and serve as reference points for the summarized content.