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We the People

The Supreme Court and the Trump Administration

We the People

National Constitution Center

History, News Commentary, News

4.6 • 1K Ratings

🗓️ 27 February 2025

⏱️ 47 minutes

🧾️ Download transcript

Summary

Jamelle Bouie and David French of The New York Times, Sarah Isgur of The Dispatch, and Melissa Murray of NYU School of Law join Jeffrey Rosen to discuss the relationship between the Roberts Court and the Trump administration. They discuss how the Supreme Court might resolve open legal questions—including impoundment and the unitary executive theory—and debate the Court’s role in maintaining the separation of powers.   This conversation was originally recorded on February 22, 2025, as part of the NCC’s President’s Council Retreat in Miami, Florida.  Resources Melissa Murray (with Leah Litman and Kate Shaw), “Yes, We’re in a Constitutional Crisis” Strict Scrutiny podcast (Feb. 17, 2025)  Jamelle Bouie, Michelle Cottle, David French, and Carlos Lozada, “Opinion: Don’t be Fooled, ‘Trump is a Weak President’” The New York Times (Feb. 14, 2025)  David French, “The Trump Crisis Deepens,” The New York Times (Feb. 6, 2025)  Sarah Isgur and David French, “Lawless or Unwise?” Advisory Opinions podcast (Feb. 14, 2025) Stay Connected and Learn More Questions or comments about the show? Email us at [email protected] Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

Transcript

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0:00.0

In February, the NCC convened a superb group of legal commentators in Miami to explore the

0:06.2

relationship between the Trump administration and the Roberts Court.

0:12.1

Hello, friends. I'm Jeffrey Rosen, president and CEO of the National Constitution Center,

0:16.9

and welcome to We the People, a weekly show of constitutional debate.

0:20.7

The National Constitution Center is a nonpartisan nonprofit, chartered by Congress to increase

0:25.4

awareness and understanding of the Constitution among the American people.

0:29.6

In this episode, Jamel Bowie and David French of the New York Times, Sarah Isker of the Dispatch,

0:35.0

and Melissa Murray of NYU School of Law explore the Supreme Court

0:39.9

and the Second Trump Administration.

0:41.9

They discuss how the court might respond to a range of challenges about the scope of

0:45.5

executive power and preview the most important cases of the term.

0:50.7

Enjoy the show.

0:52.7

Let's jump right in.

0:54.0

David, you have described the legal challenges to the new executive orders as a kind of hydra.

1:00.6

Tell us what that means and give us your sense of as that hydra works its way up to the

1:05.5

Supreme Court, how the Supreme Court ultimately this year is likely to respond to the challenges that it confronts.

1:12.5

Yeah, I use the analogy of a hydra because we had this campaign, I mean, some people have called it shock and awe,

1:18.4

of just a giant number of executive orders just flooding the zone all at once,

1:23.4

and not just executive orders, but also executive actions that were not, you know, written down in the form of executive orders,

1:29.5

but are being enacted throughout the executive branch. And so at first you get this kind of questioning, like, tell me about this order and this order and this order. And you have to go through order by order, obviously, and the courts will do that to evaluate them one by one.

1:43.9

But there's a central theme to all of it.

1:46.0

And you can't miss that forest for the trees.

...

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