The Fox News Supreme Court is a political weapon, and it’s being wielded to wreck what remains of American democracy. What happens if Trump declares martial law?
This week on Gaslit Nation, Andrea interviews Leah Litman, a constitutional law professor at the University of Michigan Law School, co-host of the award-winning Strict Scrutiny podcast, and author of the new book LAWLESS: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes. This Court is a multi-decade effort by conservatives to seize power they couldn’t win through democratic means.
Litman warns about what the Fox News Court is up to. If you thought things were bad, we’re staring down a term packed with cases that could fundamentally rewrite public education, religious liberty, and basic civil rights. Take Oklahoma Charter Board v. Drummond. This case actually asks whether the Constitution requires states to allow religious public charter schools. Yes, you read that right: requires. The Establishment Clause prohibits the government from funding religious education. But now, thanks to the conservative justices’ persecution complex, where white Christian nationalism is the most oppressed identity in America, obviously, the Court may rule that denying public funding to religious schools is unconstitutional discrimination.
Then there’s the challenge to a Maryland school district’s decision to include LGBTQ+ inclusive books in elementary schools. A group of religious parents is arguing that merely exposing children to stories with queer characters violates their religious freedom. If the Court agrees, it could hand conservative parents a veto power over what public schools teach, effectively outlawing inclusive education if it makes anyone clutch their pearls.
What Litman makes clear is that these cases are about redefining public life, turning schools into vehicles for a theocratic agenda. And let’s be honest: they’re not talking about funding schools for Wiccans or the Church of Satan. This is about establishing a Christian nationalism dictatorship. Yes, it can happen here. Yes, it’s happening here.
But we are not powerless. Reform is not a fantasy. Term limits. Ethics rules. Court expansion. These are tools, if we find the courage to use them. Because democracy doesn’t die in darkness. It’s strangled in broad daylight by men in robes, funded by billionaires, and broadcast live on C-SPAN.
And if we don’t fight back? We’re just letting them get away with it.
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0:00.0 | Welcome to Gaslit Nation. |
0:12.0 | I am your host, Andrea Chalupa, a journalist and filmmaker and the writer and producer of the journalistic thriller, Mr. Jones, about Stalin's genocide, famine in Ukraine. |
0:22.9 | The film The Kremlin doesn't want you to see. |
0:25.2 | They literally shut down a screening in Moscow and liquidated the group that dared to show it. |
0:29.9 | So be sure to watch it. |
0:31.5 | This week, we are so excited to talk to Leah Littman, a professor at the University of Michigan Law School who teaches |
0:39.0 | on constitutional law and federal courts. Professor Littman is the author of the new book, |
0:45.6 | Lawless, How the Supreme Court Runs on Conservative Grievance, Fringe theories, and Bad Bives. |
0:54.5 | She is a co-host and co-creator of the award-winning podcast, Strict Scrutiny, a crooked media |
1:01.4 | podcast about the U.S. Supreme Court. |
1:04.1 | Welcome to Gaslit Nation, Leah Littman. |
1:07.1 | Thanks so much for having me. |
1:08.9 | So obviously, the Supreme Court, it's so much of how we got here. |
1:14.0 | John Roberts, when he was at Reagan's DOJ, couldn't wait to get voting rights. |
1:19.3 | And then he gets to the Supreme Court, Citizens United, releases the floodgates of money into our elections. |
1:27.1 | And lo and behold, now we have an oligarchy in America, |
1:29.9 | a Russian-style one where Stephen Miller is threatening to suspend habeas corpus. |
1:35.0 | They're defying the courts openly. |
1:37.1 | DHS is threatening to arrest members of Congress. |
1:39.6 | The mayor Newark was just arrested by ICE by exercising his right with the congressional delegation |
1:45.5 | to have oversight over a federal facility and on and on the list goes. And I don't have to tell |
1:51.5 | you. So could you tell us how did we get here and how did the Supreme Court essentially turn |
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