Can America Pull Back From the Brink of Autocracy?
· 1 h 41 min
Episode Can America Pull Back From the Brink of Autocracy?
Leah kicks off the episode with repeat guest Rebecca Ingber of Cardozo Law to discuss the wild illegality–both domestic and international–of Trump’s regime change operation in Venezuela. Then, Kate, Melissa, and Leah welcome Princeton professor and expert on the rise of modern autocracies, Kim Lane Scheppele to break down how Trump is consolidating power over the executive branch and the courts. Leah next catches up with president and CEO of Democracy Forward Skye Perryman on some of the legal developments over the holidays, including challenges to Department of Education funding cuts, the freezing of childcare payments to Minnesota, and a near-total abortion ban for veterans. Finally, the hosts speak with Demand Justice's Josh Orton about the worrying trends his organization is seeing among Trump 2.0’s judicial nominees.
Kim’s favorite things: An “Almost Sacred Responsibility”: The Rule of Law in Times of Peril, Gerald J. Postema (Judicature); Judge Harvey Wilkinson’s opinion in Abrego Garcia v. Noem; Judge William G. Young’s opinion in AAUP vs. Rubio; Sara L. Ellis’s opinion in Chicago Headline Club v. Noem; The Dual State, Ernst Fraenkel; The Origins of Totalitarianism, Hannah Arendt
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Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
• 3/6/26 – San Francisco • 3/7/26 – Los Angeles
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Follow us on Instagram, Threads, and Bluesky
Links in the notes 10
- https://judicature.duke.edu/articles/an-almost-sacred-responsibility-the-rule-of-law-in-times-of-peril/
- https://www.ca4.uscourts.gov/docs/pdfs/251404order.pdf?sfvrsn=b404b209_2
- https://knightcolumbia.org/documents/ahmr9jfap2
- https://law.justia.com/cases/federal/district-courts/illinois/ilndce/1:2025cv12173/487571/281/
- https://bookshop.org/p/books/the-dual-state-a-contribution-to-the-theory-of-dictatorship-ernst-fraenkel/53d8d232e332b285?ean=9781616190699&next=t
- https://bookshop.org/p/books/the-origins-of-totalitarianism-with-a-new-introduction-by-anne-applebaum-anne-applebaum/a2326e15ca8f90fc?ean=9780063354487&next=t
- https://www.simonandschuster.com/books/Lawless/Leah-Litman/9781668054628
- https://www.instagram.com/strictscrutinypodcast/?hl=en
- https://www.threads.net/@strictscrutinypodcast
- https://bsky.app/profile/strictscrutiny.bsky.social
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