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The Oath and The Office

The Supreme Court’s Assault on Our Rights (with Kate Shaw)

The Oath and The Office

Corey Brettschneider

Government, News, Politics

4.9591 Ratings

🗓️ 7 May 2026

⏱️ 77 minutes

🧾️ Download transcript

Summary

The Supreme Court is reshaping American democracy — weakening voting rights, empowering the presidency, and narrowing the protections that have defined modern civil rights law.

John Fugelsang and Corey Brettschneider begin with the Court’s assault on the Voting Rights Act of 1965 and the fallout for democratic participation across the country. They also discuss Trump’s attacks on James Comey, threats against ABC and Jimmy Kimmel, and the broader campaign of intimidation against critics and dissenters.

Then constitutional law scholar Kate Shaw joins the show to discuss how the Court is enabling Trump’s authoritarianism, including the pending fight over Temporary Protected Status, the shadow docket, emergency rulings on immigration and executive power, and her recent exchange with Senator Josh Hawley over nationwide injunctions.

What happens when the courts weaken voting rights while expanding presidential power? And what does it mean for the future of constitutional democracy?

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Transcript

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0:00.0

Welcome to the Oath in the Office podcast. I'm John Fuglesang. We have a great show today. The Supreme Court

0:16.9

gutting the Voting Rights Act. Donald Trump tried to indict James Comey for seashell art, going after

0:23.3

ABC's license, and of course the Miff of Pristone ruling and special guest, UPenn Professor and

0:28.4

co-host of the Legal Podcast Strict Strutony, Kate Shaw, the only thing that would make it

0:32.9

more perfect is the star of our show, the professor himself and the author of The Oath and the Office, and the Presidents of the People, Professor Corey Brechtnyder. It's so good to see you. Great to see you, John, and there's so much to talk about the destruction of the Voting Rights Act. Of course, we're going to start with it. Talking about the Supreme Court, there's no way to avoid what happened last week. It is a disastrous moment. But I'm also

0:55.0

encouraged because, you know, talking to you every week makes me laugh, gives me hope. And we have

0:59.9

on the podcast today. And I really hope people will listen, not just to our discussion, but to this

1:05.7

interview with Kate Shaw, to my mind, one of the best legal analysts out there, one of my favorite people

1:11.6

to talk about the Supreme Court. We've had her other co-host, Leah Litman and Melissa Murray,

1:18.1

on our podcast. So glad that we'll complete the trio with Kate Shaw, the host of strict

1:24.9

scrutiny. And I'm excited for all of it. I'm really excited to talk about the Supreme Court finally gutting the Voting Rights Act even worse.

1:32.0

But before we get there, I want to begin with an announcement.

1:34.7

You guys, the Brooklyn Public Library has released something called 250 for 250.

1:40.0

It's a librarian curated list of the 250 most influential books that shape America's 250-year

1:48.8

history, because I don't know if you've heard, that's coming up. This was selected by two dozen

1:53.1

librarians from over 600 candidates, and the list is, you know, varied. It's historically

1:58.7

underrepresented works. It's historically iconic works. It's got Thomas Payne's Common Sense. It's historically underrepresented works. It's historically iconic works.

2:02.3

It's got Thomas Paine's Common Sense. It's got the autobiography of Benjamin Franklin, the narrative

2:07.5

of sojourner truth. It's a great list, the scarlet letter by Hawthorne, Walden, by Thoreau,

2:13.3

Leaves of Grass by Walt Whitman. And watch this here. The Presidents and the People by Professor

2:18.6

Corey Brechtnyder. Corey, you wrote one of the 250 most influential books in American history.

2:24.4

Congratulations.

...

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