S2 Ep164: Stephen Miller and JD Vance Wanted to Suspend Habeas Corpus (w/ Leah Litman)
The Illegal News with Sarah Longwell
The Bulwark
4.9 • 3.4K Ratings
🗓️ 17 June 2026
⏱️ 46 minutes
🧾️ Download transcript
Summary
Sarah Longwell is joined by law professor and Strict Scrutiny co-host Leah Litman to discuss the White House’s plan to suspend habeas corpus, JD Vance’s push to invoke the Insurrection Act, the Gavin Newsom investigation, and the 19 Supreme Court decisions that could reshape American democracy before the midterms.
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Transcript
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| 0:00.0 | It's funny, just listening to you, I think, well, that doesn't sound. |
| 0:03.3 | Like, they're not going to do that. |
| 0:04.5 | Right. |
| 0:05.0 | But then there's the part of me that's like, I don't know. |
| 0:07.9 | Why would I have that confidence? |
| 0:10.0 | They have done nothing to earn that confidence for me. |
| 0:12.2 | This is the problem. |
| 0:17.9 | Hello, everyone, and welcome to the illegal news. I'm Sarah Longwell, publisher of the bulwark. |
| 0:23.8 | And as always, I'm not a lawyer. So each week, I've got a real lawyer who joins me. And today is the great Leah Lippman, co-host of the strict scrutiny podcast, Professor of Law at the University of Michigan. Go Blue. My producer put that in. And author of the book, Lawless, |
| 0:39.8 | how the Supreme Court runs on conservative grievance, fringe theories, and bad vibes, which |
| 0:45.2 | is out on paperback today. Very exciting. Yeah, I'm very exciting. It's like a sequel. I'm calling it |
| 0:51.6 | Leah's version in the spirit of Taylor Swift since I got to write a new section in a bunch of updates. |
| 0:56.5 | So I was just going to ask that. Is that what gets to happen? Because this is the, when you write a book about this particular moment in time, there's so many parts in the book where I say, at this moment, this thing is happening. It's like, I was just in Minneapolis and this was happening. And then I |
| 1:12.5 | just read it for the audiobook. And I was like, well, that feels like a long time ago now. |
| 1:16.5 | Exactly. So my initial manuscript kind of wrapped up in January 2025 before Donald Trump really |
| 1:22.6 | assumed office. And we saw how his relationship with the Supreme Court might play out. |
| 1:26.7 | And so I asked my publisher, |
| 1:28.4 | basically, can I effectively write a new chapter and more about the course relationship with Trump |
| 1:34.0 | and what that says about the court and whatnot? And they said, yes. So I just spun out a new section |
| 1:39.1 | on the unitary executive theory and a lot of what we seen the Supreme Court do vis-a-vis the Trump |
| 1:44.0 | administration, |
| 1:44.5 | which was fun in a dark kind of way. Yeah, I mean, I'm glad you did that. And I'm glad you're here |
... |
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