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Stay Tuned with Preet

SCOTUS’ Game of Chicken with Trump (with Dahlia Lithwick)

Stay Tuned with Preet

Vox Media Podcast Network

Society & Culture, Politics, Government, News

4.832.3K Ratings

🗓️ 16 September 2025

⏱️ 13 minutes

🧾️ Download transcript

Summary

How is the Supreme Court emboldening President Trump's continuing expansion of power? In an excerpt from this week’s Insider episode, Joyce Vance discusses the “appeasement theory” with Dahlia Lithwick, the Slate senior editor and host of the Amicus podcast. In the full episode, Joyce and Dahlia break down which cases to look out for in the Court’s upcoming term, how politics and culture wars are factoring into the Court’s decisions, and the dynamics between the nine justices. Preet will be back next week.  CAFE Insiders click HERE to listen to the full analysis.  Not an Insider? Now more than ever, it’s critical to stay tuned. To join a community of reasoned voices in unreasonable times, become an Insider today. You’ll get access to full episodes of the podcast and other exclusive content. Head to cafe.com/insider or staytuned.substack.com/subscribe.  Subscribe to our YouTube channel. This podcast is brought to you by CAFE and Vox Media Podcast Network.  Executive Producer: Tamara Sepper; Supervising Producer: Jake Kaplan; Associate Producer: Claudia Hernández; Audio Producer: Nat Weiner; Deputy Editor: Celine Rohr; CAFE Team: David Tatasciore, Matthew Billy, and Liana Greenway. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Transcript

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0:00.0

Hey folks, Joyce Vance here.

0:03.0

Preets out this week, so I'm joined by Supreme Court expert Dahlia Lithwick for a new episode of The Insider podcast.

0:10.7

Dahlia is a senior editor at Slate where she writes about the courts and the law and hosts the legal podcast amicus.

0:18.0

For the third year in a row, Dahllly joins me to preview the upcoming Supreme Court term

0:22.5

and highlight which cases we should be paying the most attention to.

0:26.7

If you're a member of Cafe Insider, head to the insider feed or click the link in the show

0:31.8

notes of this podcast to hear the full analysis.

0:34.8

Stay tuned, listeners.

0:36.1

Stick around for an excerpt from our conversation.

0:39.1

Members of Insider help support our work and get access to full episodes and other subscriber

0:44.5

benefits. We're living in unreasonable times. So join our community of reasonable voices.

0:51.2

Head to cafe.com slash insider or stay tuned.substack.com. Now, on to the show.

1:00.6

Do you think that this is the last chance that this court has to do what in my view would be to

1:06.2

get it right and to tell Donald Trump enough is enough? And that even though this is a court that describes to the unitary executive theory

1:13.2

and believes in a muscular presidency, there are some limits.

1:16.8

Or do you think, I mean, is that going to be the overall view this term,

1:20.3

that there are no limits to the imperial presidency?

1:23.5

So there is a theory, Joyce, to which I do not think I subscribe, which has been variously described as, you know, the best language for it is the appeasement theory, right?

1:36.6

That John Roberts and the center of the court can't pick a battle all day every day, can't quite literally usher in the constitutional crisis

1:47.1

by saying, Donald Trump, you can't do this and having him do it, right? And that the

1:53.3

theory goes that we think that whatever I'm characterizing is the center of the court, although it's a vanishingly small

2:03.0

center, but let's call it John Roberts. When John Roberts is your center, you're in deep trouble.

...

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