Podcast Summary: "Will Our Courts Hold? What You Need to Know with Amanda & Jessica Yellin"

We Can Do Hard Things Episode
Title: Will Our Courts Hold? What You Need to Know with Amanda & Jessica Yellin
Release Date: March 20, 2025

Introduction

In this pivotal episode of We Can Do Hard Things, Glennon Doyle, alongside co-hosts Abby Wambach and Amanda Doyle, engages in a profound conversation with Jessica Yellen, founder of the Webby Award-winning independent news brand News Not Noise. The discussion delves deep into the escalating constitutional conflicts emerging between the Trump administration and the judicial branch, focusing on recent deportation actions and the broader implications for American democracy.

Understanding the Constitutional Crisis

Glennon Doyle opens the conversation by addressing the mounting tension between the executive and judicial branches, questioning the potential for a full-blown constitutional crisis. Jessica Yellen elaborates:

"The Trump administration and the courts are in a standoff, placing us at the doorstep of a constitutional conflict that could become a full-blown crisis." ([04:41])

Yellen defines a constitutional crisis as a situation where one branch of government challenges the authority of another, undermining the foundational checks and balances.

Deportations Under the Enemy Aliens Act

The core of the discussion centers on the Trump administration's use of the Enemy Aliens Act of 1798 to justify mass deportations without due process. Jessica Yellen outlines the events:

"ICE rounded up more than 200 people alleged to be Venezuelan gang members without any due process." ([05:12])

These individuals were swiftly deported to a prison in El Salvador, sparking legal challenges. During a court hearing, a judge ordered that deportations be halted until further judicial review. However, despite this ruling, the administration proceeded with deportations, leading to the removal of these individuals without transparency or accountability.

Legal Strategy and Judicial Authority

Glennon Doyle probes the implications of defying judicial orders:

"If the courts can't enforce their thing, what then happens?." ([07:54])

Yellen responds by emphasizing the unprecedented nature of the administration's actions:

"No president until now has defied the courts in the way we're imagining Trump will." ([07:54])

She explains that such defiance threatens the very fabric of American democracy, drawing parallels to authoritarian regimes where the executive overrules judicial authority.

Executive Orders Targeting Law Firms

The conversation shifts to the administration's executive orders aimed at discrediting and restricting prominent law firms like Perkins Coie and Paul Weiss, which traditionally represent Democratic interests. Yellen describes this move as a strategic attempt to intimidate legal adversaries:

"The Trump administration is effectively trying to disable Perkins Coie’s ability to bring any cases on behalf of their clients." ([36:35])

These actions not only serve as personal vendettas but also undermine the entire legal system by scaring law firms away from defending clients against executive overreach.

Implications for the Judicial Branch

The administration's challenges extend to broader judicial actions, including cases against figures like Elon Musk for unpermitted interference with federal operations. Yellen warns of a slippery slope:

"If Trump gets away with what he's trying to do in the deportations, then he’s going to apply it to what the judge is trying to do to reign in Doge." ([32:23])

Such precedents could erode the balance of power, allowing the executive branch unchecked authority over the judiciary.

Congressional Inaction and Strategic Failures

A significant portion of the episode critiques Congressional leadership, particularly the Democratic Party's inability to effectively leverage its position against Republican stalemates. Yellen critiques the Democrats' strategy during a critical vote on a spending bill:

"Democrats had the leverage to say, we're not doing anything for you unless you give us what we want, and they didn't capitalize on it." ([46:14])

She argues that the lack of a coherent strategy and public campaign weakened their position, leaving the judiciary as the sole check on executive power.

A Ray of Hope: Montana's Legislative Triumph

Amidst the grim discussions, the episode highlights a hopeful story from Montana, where bipartisan cooperation led to the defeat of two restrictive bills targeting transgender rights. Glennon Doyle celebrates this victory:

"Two trans representatives stood up and gave beautiful, moving speeches, leading to Republican colleagues flipping their votes to defeat the bills." ([53:02])

Yellen underscores the importance of empathetic connections and coalition-building:

"The defeat happened because Democrats were open to working with Republicans, finding common ground in parents' rights and family autonomy." ([56:03])

This moment exemplifies the potential for unity and the impact of personal relationships across party lines.

Conclusions and Insights

The episode concludes with a sober reflection on the current state of American governance. Yellen warns of the dangers posed by unchecked executive power and the erosion of judicial authority. However, the story from Montana offers a glimmer of hope, demonstrating that collaboration and empathy can overcome deep-seated divisions.

Glennon Doyle emphasizes the importance of staying informed and engaged:

"Goodbye and remember, you and we can do hard things." ([57:27])

Notable Quotes

• Glennon Doyle: "I know the body keeps the score and the score is intense right now." ([04:19])

• Jessica Yellen: "The judiciary has the final word when there's something unclear, and that's always worked because presidents in Congress have followed it." ([05:21])

• Yellen: "Creating a case where they can challenge the authority of the courts is a step towards authoritarianism." ([16:44])

• Glennon Doyle: "This is a brilliant strategy because it's a case about whether the executive branch can overrule the judicial branch." ([18:18])

• Yellen: "Normalizing these kinds of executive overreaches makes democracy slide away before we realize it." ([41:07])

• Yellen: "There is a real question if Congress will stand up and what the people will do." ([42:13])

Final Thoughts

We Can Do Hard Things offers an incisive analysis of the current constitutional tensions in the United States, highlighting the fragile balance between governmental branches. Through expert insights and real-world examples, the episode underscores the critical need for vigilance, unity, and proactive engagement to preserve democratic principles and prevent authoritarian drift.