Episode 2533: Leah Litman on the Bad Vibes of the Supreme Court

It’s probably not news that today’s Supreme Court runs on crazy conservative grudges and even crazier patrimonial fringe theories. But according to Leah Litman, Crooked Media podcaster and author of Lawless, the Supreme Court in Trump’s America is most defined by what she memorably identifies as “bad vibes” (ie: feelings and anxieties). Litman argues these vibes reflect Republican anxieties about America's increasing cultural diversity and long term shift to a more progressive consensus. Litman characterizes the Roberts’ Supreme Court as implementing a "vindictive patriarchy" that seeks to return women to traditional roles. She criticizes Court decisions on voting rights, presidential immunity, and reproductive freedom as serving the minority interests of wealthy white men. The Court’s bad vibes, Litman says, extend to America's current constitutional crisis, particularly regarding Trump's executive overreach and the legal profession's pathetic response to this authoritarian power grab.

five key takeaways

* Litman argues that today's Supreme Court decisions are based on "vibes" (feelings and anxieties) rather than objective legal principles, leading her to characterize it as "lawless."

* She positions the Court as part of a longer Republican project to use judicial power to implement conservative social policies, particularly regarding women's roles and reproductive rights.

* Litman describes the current situation as a "vindictive patriarchy," where conservative men feel entitled to women's time and companionship, evidenced by backlash against women's independence.

* Litman, who teaches law at Michigan, expresses disappointment in how large law firms have capitulated to Trump's administration instead of engaging in collective resistance to protect the rule of law.

* Litman believes America is experiencing a constitutional crisis, with Congress failing to check executive power and the courts inconsistently resisting presidential overreach, particularly regarding deportations and executive actions.

Leah Litman is a professor of law at the University of Michigan and a former Supreme Court clerk. In addition to cohosting Strict Scrutiny, she writes frequently about the Court for media outlets including The Washington Post, Slate, and The Atlantic, among others, and has appeared as a commentator on NPR and MSNBC, in addition to other venues. She has received the Ruth Bader Ginsburg award for her “scholarly excellence” from the American Constitution Society and published in top law reviews. Follow her on X @LeahLitman and Instagram @ProfLeahLitman.

Named as one of the "100 most connected men" by GQ magazine, Andrew Keen is amongst the world's best known broadcasters and commentators. In addition to presenting the daily KEEN ON show, he is the host of the long-running How To Fix Democracy interview series. He is also the author of four prescient books about digital technology: CULT OF THE AMATEUR, DIGITAL VERTIGO, THE INTERNET IS NOT THE ANSWER and HOW TO FIX THE FUTURE. Andrew lives in San Francisco, is married to Cassandra Knight, Google's VP of Litigation & Discovery, and has two grown children.

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