Our hosts, law professor Ilan Wurman and Kathryn Johnson, take a deep dive into the ongoing January 6 lawfare, and particularly the civil lawsuit against President Trump brought by capitol police officers and lawmakers in D.C. Did you even know that such a lawsuit was going on? Our hosts break down the 2024 immunity decision, talk about the Independent Counsel statute from the Watergate era, and break down the causes of action against Trump in the civil case. Did Trump "direct" others to assault and batter capitol police officers? Did he "aid and abet" the attacks? Or is the civil lawsuit another outrageous attempt by Movement lawyers to abuse the legal process to harass their political opponents? The hosts round out the episode with discussion of the lawfare against the ordinary citizens who served as "alternate electors" in 2020 and the recent disbarment of Trump lawyer John Eastman.

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Our hosts, law professor Ilan Wurman and Kathryn Johnson, rave about the Supreme Court's shadow docket. The shadow docket allows the Court quickly to rein in rogue district judges and their crazy opinions. Our hosts in particular talk about Justice Kavanaugh's shadow docket decision involving "Kavanaugh Stops," Justice Sotomayor's personal attack on Kavanaugh, Judge Boasberg's TdA ruling, and the D.C. Circuit's benchslap of his recent attempt to hold Trump officials in contempt. They also talk about exit taxes, and their most academic topic to date: What is the object of legal interpretation? Does the intent of the legislature matter? Only the text? Something else?

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Our hosts, law professor Ilan Wurman and Kathryn Johnson, explore a series of issues involving both executive and judicial "lawmaking." Would the President have the power to "wipe out" Iranian civilization without Congress? Can the President on his own initiative order the postal service to deliver only certain kinds of election-related materials to advance his election integrity agenda? Can the President order the destruction of an entire wing of the White House pursuant to a statute authorizing the making of "alterations" and "improvements"? Our hosts discuss the Constitution's distribution of power between Congress and the President more generally before turning to the threat district courts currently pose with their judicial lawmaking. Do judges have a right to stop the building of the new ballroom? Who even has "standing" to bring such a suit? And why are district courts exercising jurisdiction over immigration decisions where Congress's statute specifically divests courts of jurisdiction? Finally our hosts talk about the First Amendment and the 8-1 decision in Chiles v. Salazar, which invalidated a crazy Colorado law prohibiting talk therapists from discouraging gender transitions.

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New Podcast Episodes every Thursday morning, find us on Spotify, Apple Podcasts, or on YouTube!

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