DeepSummary
The interview focuses on Adam Serwer's piece in The Atlantic about how the federal judiciary would operate in a potential second Trump term. Serwer explains that the Federalist Society, a conservative legal organization, is prepared with lists of right-wing ideological candidates to fill federal judgeships, unlike in Trump's first term when they were caught off guard. He discusses how these judges are reinterpreting laws and the Constitution based on contemporary conservative grievances rather than originalism.
Serwer cites examples of dubious legal reasoning by Trump-appointed judges, such as banning a drag show at a university or reaching farfetched historical justifications to restrict rights like abortion. He argues that the Supreme Court's conservative supermajority is enabling this agenda by approving fringe legal theories, with Roberts occasionally dissenting to preserve legitimacy. The piece warns that an unchecked conservative judiciary would enable authoritarian policies in a second Trump term.
The broader Atlantic issue examines various concerning scenarios under another Trump presidency, such as withdrawing from NATO, unbridled corruption, and deploying federal forces against liberal cities. Serwer suggests Trump's inner circle is primed for vengeance and inflicting suffering on perceived enemies, aided by a politicized judiciary.
Key Episodes Takeaways
- The conservative legal movement is poised to stack the federal judiciary with extreme ideological judges if Trump wins a second term.
- Trump and his allies see non-conservative Americans as enemies of the state to be subjugated by executive power.
- A second Trump term would likely mean weaponizing law enforcement against political opponents.
- The Supreme Court's conservative majority is enabling fringe legal theories from lower court Trump judges.
- A future Trump administration would be driven by vengeance and an impulse to inflict suffering on perceived enemies.
- The Atlantic monthly issue depicts concerning scenarios like withdrawing from NATO, unbridled corruption, and suppression of liberal cities.
- Trump's inner circle now embraces authoritarianism as a goal rather than a bug.
- The judiciary cannot be relied upon as a democratic check on abuse of power under a second Trump term.
Top Episodes Quotes
- “They didn't have all the chess pieces completely lined up to get right wing ideologues in every open seat, but now we do.“ by Adam Serwer
- “There's this question of confirmation, you know, but Trump's ideal FBI is one that pursues investigations against his political enemies and does so not on the basis of evidence of actual crimes, but on the basis of their political opposition to Trump himself.“ by Adam Serwer
- “To the extent even the people who are loyal to him know this, they just like that about him.“ by Adam Serwer
- “What's clear is that he is primed for vengeance, and the people that are surrounded him are primed for vengeance. And they want to inflict suffering on the people they see as responsible for what they see as the decline of the country, and they are going to use the power of the state to do that.“ by Adam Serwer
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Episode Information
The Al Franken Podcast
ASF Productions
1/14/24
The Federalist Society’s Got the Worst Ones All Lined Up
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