'A Sword and a Shield': How the Supreme Court Supercharged Trump's Power
About this episode
Guest host Kate Shaw and Columbia law professor Gillian Metzger examine how recent Supreme Court decisions have expanded presidential power just as Donald Trump returns to office. They analyze Trump v. United States as giving the president both 'a sword' — sweeping new powers, including over prosecution and agency leadership — 'and a shield' — broad immunity from criminal prosecution. They discuss the Court's dismantling of removal protections for independent agencies, the uncertain fate of the Federal Reserve's structure, and Loper Bright's transfer of interpretive power from agencies to courts. Shaw and Metzger debate whether the Court could still check Trump — through reasoned-explanation requirements or limits on impoundment — concluding that an empowered presidency, a weakened administrative state, and a self-empowered Court together form a radical and unstable new constitutional order.