Early Returns Podcast - Shadow Docket Showdown: Trump Litigation, Judicial Tensions, and the Supreme Court's Emergency Powers
Early Returns Law & Politics Podcast with Jan Baran
Host Jan Baran welcomes back Josh Gerstein, Senior Legal Affairs Reporter for Politico, for a comprehensive review of the litigation landscape surrounding the Trump administration. They dive into the Supreme Court's increasingly prominent "shadow docket" and how it has become essential for advancing presidential agendas through executive action rather than legislation.
The conversation covers major legal flashpoints including immigration enforcement cases, National Guard deployments in California, Oregon, and Illinois, and the administration's removal of officials from independent agencies. Josh and Jan explore the unprecedented criticism of the Supreme Court by lower court judges, growing concerns about judicial security, and the tension between executive power and judicial review.
They also preview significant upcoming cases, including Louisiana v. Callais on voting rights and race-conscious redistricting, and a potentially landmark tariffs case with broad implications for the balance of power between the executive and legislative branches. The discussion highlights how recent Senate confirmation process changes could reshape federal agencies and examines the legal doctrine of the "Unitary Executive."
Listen here.
