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The Lawfare Podcast

Lawfare Daily: How Are the Courts Doing?

The Lawfare Podcast

The Lawfare Institute

Military, Intelligence, International Law, Constitutional Law, Rule Of Law, Politics, International Relations, News, Government, History, Diplomacy, Terrorism, National Security, Current Events, Law, Foreign Policy

4.76.2K Ratings

🗓️ 8 October 2025

⏱️ 55 minutes

🧾️ Download transcript

Summary

On today's podcast, Executive Editor Natalie Orpett is joined by Judge Philip Pro and Judge Jeremy Fogel. Both are retired federal court judges who are members of a new organization, the Article III Coalition, which advocates for an independent judiciary. They talk about how the courts are faring amidst the enormous stresses of the day: a huge number of legal challenges to Trump administration actions, a judiciary under constant attack from critics—including several instances of real violence—and serious intra-branch tensions. And they discuss why it is so crucial that judges retain their independence—and how to make sure they do. 

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Transcript

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0:00.0

Ayo here with a heads up for the hosts.

0:03.3

Your guests are incoming and your kitchen's got a starring role.

0:07.4

But don't worry, our range will help keep the crowd coming back for seconds.

0:11.5

They're speakers for setting the mood.

0:13.8

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0:18.1

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0:25.1

Shop hosting at a.com.

0:31.2

Here's the thing about kitchens.

0:33.2

They work harder than any other room in the house.

0:36.1

Morning coffees, midnight snacks, kids' science experiments on the worktop.

0:40.3

It all happens here.

0:42.3

That's why Magnet kitchens are tested, trusted and built to last.

0:46.3

With pre-built cabinets guaranteed for life, they're designed for every spill, every gathering, every memory.

0:53.3

A kitchen that feels like home today and still will

0:55.8

decades from now. Magnet, better by design. I don't think we are any of us trying to say that

1:08.0

people shouldn't have absolute freedom under the First Amendment

1:11.3

to criticize the decisions that the courts make. That's very different from attacking judges

1:18.4

personally. I'm Natalie Orpet, executive editor of Lawfare, with Judge Philip Proe and Judge

1:25.3

Jeremy Fogel, both retired federal court judges who are members

1:29.1

of a new organization, the Article III Coalition, which advocates for an independent judiciary.

1:35.9

Every court at every level has an obligation to lay out whatever decision they're making at whatever

1:43.3

stage, a rationale for that decision

...

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