Is the president capable of successfully executing the powers and duties of office?

Hi, and welcome to Amica Slate's podcast about the Supreme Court in the Law.

I'm Dahlia Lithwick.

I cover the courts for Slate.

And this week, the U.S. Supreme Court chucked whatever was left of the original travel ban

litigation, all in time for lower courts to challenge the newest version of the travel ban.

It's Groundhog Day every day this year at the Supreme Court.

Next week, the court will be sitting again in a November session that will include

a challenge to an Ohio voter roll purge. But the big story this week is still the slow,

but inorexible freak out of Senate Republicans, notably John McCain, Bob Corker, most

recently Jeff Lake, who have all been willing to go on the record and talk about Trump's actual unfitness for office.

Corker talks about Trump is needing, quote, adult daycare.

His secretary of state Tillerson has reportedly referred to the president as a moron.

Have a listen. These are Senate Republicans.

Yes, I want him to support diplomatic efforts, not embarrass and really malign efforts that are

underway to try to get some kind of diplomatic solution. We must stop pretending that the

degradation of our politics and the conduct of some in our executive branch are normal.

All of this, of course, raises the constitutional problem that dares not speak its name.

If Senate Republicans really are of the view that Trump is unfit to hold this office, there is a remedy, and it's called the 25th Amendment. It was adopted in 1967 after the assassination of JFK. And it establishes procedures in case the president or the vice president is not fit to perform their duties. So a few weeks ago, we've started hearing a real peak among commentators saying, hey, maybe it's time.

And so we thought today for our very first guess, we'd bring in one of the people who's been talking seriously about the 25th Amendment for a long time.

Representative Jamie Raskin from District 8 in Maryland actually introduced legislation last July that would solve this problem. And so, Jamie, welcome to amicus.

Well, thank you for having me on, Dahlia Lithwick. It's an honor to be on your show.

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