Harry talks at length with Leah Litman about her new book on the Supreme Court, “Lawless” The book is a funny but biting look at the Court’s recent cases in a series of hot-button areas, including voting rights, abortion, and money in politics. Litman (no relation!) contends that the Court is driven mainly by the sentiments and political views of the Republican Party. The two Litmans explore her general approach to analyzing the Court as well as cases in several of the areas of focus on the book. They move at the end to Leah’s ideas for constructing a better, more progressive Court and finish with thoughts about the prospect for the Court and country’s falling off the cliff during Trump rule.

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It's our monthly Contrarian episode, and it comes at a natural pivot point entering the second 100 days of Trump 2.0. Three of the core members of the Contrarian — Norm Eisen, Jen Rubin, and Steve Vladeck — join Harry to break down Trump's dismal record in the courts & plunging polls against his continuing flurry of executive orders unmoored from the law and the constitution. After careful focus on recent events, the group turns to a prediction of the themes that will dominate the coming 100 days

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In a very unusual one-on-one--make that one-on-two--Harry sits down with Penn law professor Kate Shaw and Pennsylvania congresswoman Mary Gay Scanlon to discuss the recent hearing in Congress at which Professor Shaw testified and Congresswoman Scanlon posed questions for the minority. The hearing was a tendentious and contrived set piece directed by Republican Congressman Jim Jordan with the clear goal of supporting the Trump administration's claim that federal judges such as Jeb Boasberg are improperly enjoining administration action. From their respective vantage points Professor Shaw and Congresswoman Scanlon explain the rules of the road about how to counter false claims about the constitution and the role of judges in it. Then with general discussion of ways in which the minority can be effective in the sharply constrained roles that the system forwards them.

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