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The Oath and The Office

When Courts Fail and Universities Fight Back

The Oath and The Office

Corey Brettschneider

Government, News, Politics

4.9 • 591 Ratings

🗓️ 23 October 2025

⏱️ 55 minutes

🧾️ Download transcript

Summary

In this week’s episode of The Oath and The Office, Corey Brettschneider and John Fugelsang break down a deeply concerning new ruling from the Ninth Circuit Court of Appeals — one that sides with Trump and the military, expanding executive power and eroding the cornerstone principle of civilian control.

Corey explains how this decision, though largely overlooked, fits into a broader trend of judicial retreat: courts stepping back from their constitutional role as a check on power. From the weakening of voting rights to the courts’ growing deference to the executive branch, this case reveals how democracy can be hollowed out not in one blow, but by a series of quiet decisions.

They also turn to Brown University’s rejection of Trump’s so-called “Academic Freedom Compact” — a rare act of institutional courage in an era when too many are willing to trade truth for access.

Plus, Corey shares what he saw and experienced at the No Kings March in New York City and they feature audio from the rally. Hear what democracy sounds like, then watch Corey’s full field report here: youtube.com/watch?v=laNgItx5swk&t=299s

Transcript

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0:00.0

Welcome to another episode of the Oath in the Office.

0:13.8

I am John Fugle-Sang.

0:15.5

It's a very exciting week around here because the Ninth Circuit Court of Appeals, you know,

0:19.9

the one that that used to

0:21.1

obey the law and not a guy, they just ruled that a president can send the military into Portland

0:26.7

to execute the laws, even though Portland is a place where the most dangerous weapon is a vegan

0:32.4

drum circle. But apparently the National Guard is needed to execute the laws in Portland because of protesters in chicken suits and inflatable frog costumes.

0:42.4

Welcome to 2025.

0:44.3

And welcome Professor Corey Brechtzheimer, the star of this podcast, the professor with the PhD in politics from Princeton, the law degree from Stanford.

0:52.6

And he fights crime and enriches

0:54.2

minds in the Polyside Department at Brown. You've seen the professor all over the TV. He's the

0:58.5

author of The Oath in the Office, a guide to the Constitution for future presidents. Corey,

1:02.8

the podcast is doing well. Congratulations on your incredible numbers. And on yours, you know,

1:08.2

this is such a team effort. And together, people are really resonating.

1:12.0

And I think I had the number wrong.

1:13.9

We're now over 400.

1:15.4

I was talking about getting what I thought was a 300th review, but we got the 400th review.

1:20.1

And then beyond that, and they are literally all five stars.

1:23.6

And they talk about the combination of thinking about the most serious issues. And of course,

1:28.9

we're rigorous about that, but also the humor and the banter. And so what a pleasure, John,

1:34.8

to be doing this with you. Well, we're going to bring people to the very edge of humorous banter.

1:41.5

You know, I do want to talk about the Ninth Circuit, but first, Corey, I always

...

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