meta_pixel
Tapesearch Logo
Log in
It's Complicated

Episode 139 | Fourth Amendment Under Fire: SCOTUS & ICE

It's Complicated

Renato Mariotti

News, News Commentary, Politics

4.81K Ratings

🗓️ 12 September 2025

⏱️ 54 minutes

🧾️ Download transcript

Summary

SCOTUS gives the green light for roving ICE patrols to stop people based on race and ethnicity - what does this mean for civil liberties and the Fourth Amendment? Asha and Renato unpack the decision - and why the Court is increasingly relying on the "shadow docket" to hand the Trump administration win after win without scrutiny. Plus, the tariff case that could expand Trump's power over the economy and sideline Congress with billions at stake. Don't miss it. Asha Substack: https://asharangappa.substack.com/Subscribe to our podcast: https://link.chtbl.com/its-complicatedFollow Asha on Bluesky: https://bsky.app/profile/asharangappa.bsky.socialFollow Renato on Bluesky: https://bsky.app/profile/renatomariotti.bsky.socialFollow Asha on Instagram: https://www.instagram.com/asha.rangappa/Follow Renato on Instagram: https://www.instagram.com/renato.mariotti/Subscribe: https://www.youtube.com/@LegalAFMTN?sub_confirmation=1 Legal AF Substack: https://substack.com/@legalaf Follow Legal AF on Bluesky: https://bsky.app/profile/legalafmtn.bsky.social Follow Michael Popok on Bluesky: https://bsky.app/profile/mspopok.bsky.social Subscribe to the Legal AF by MeidasTouch podcast here: https://podcasts.apple.com/us/podcast/legal-af-by-meidastouch/id1580828595 Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

Click on a timestamp to play from that location

0:00.0

So Renato, does the latest Supreme Court ruling mean that ICE can just arrest people based on their race?

0:07.9

Ah, it's complicated.

0:14.3

I'm Renato Mariani. I'm a former federal prosecutor, a practicing lawyer, and a legal analyst.

0:21.0

And I'm Asha Rangapa.

0:22.6

I teach national security law at Yale University.

0:25.7

I'm a former FBI special agent, and I'm the author of the Freedom Academy Subdak.

0:30.7

And we're here to help you understand topics that can't be boiled down into a soundbite or a skeet.

0:41.3

Wow. that can't be boiled down into a soundbite or a skeet. Wow, Asha, I have to say the reaction to the Supreme Court's opinion in this sort of shadow docket case is very well founded, particularly Judge Kavanaugh, Justice Kavanaugh's, you know,

1:00.4

really surprising concurrence.

1:04.5

Well, on the one hand, he's the only one who bothered to offer any explanation at all in this.

1:14.4

On the other, his explanation is, I don't know what word I would use to describe it.

1:23.1

I'm trying not to say sloppy or intellectually lazy, but just, you know, inadequate, I guess.

1:32.2

Do we want to like let our listeners know, like, what the posture is? Because this is, again,

1:38.7

we're talking about the shadow docket. We're talking about interim orders. I didn't ask

1:42.9

aisha video about interim orders, which means that these are essentially the granting of injunctions by lower courts that are going up on appeal by the administration to be stayed. They don't want the injunctions to go into effect. And it's an interim order

2:04.3

so that if the injunction is stayed, then basically the government gets to continue doing whatever

2:12.7

it's doing until the actual case on the merits gets litigated and reaches what will likely be the

2:21.0

Supreme Court, but which could take a long time.

2:24.7

But you know, it's just, I think it gets so confusing right now because there have been so many

2:29.3

of these emergency orders that it's hard, I think think for people often to keep track of,

2:34.7

wait, did they just rule on something as though it's a final ruling? It's not,

2:39.0

but it still is bad because it means when they rule in favor of the Trump administration,

...

Please login to see the full transcript.

Disclaimer: The podcast and artwork embedded on this page are from Renato Mariotti, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of Renato Mariotti and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.

Copyright © Tapesearch 2025.