The Ezra Klein Show   /     ‘A Sword and a Shield’: How the Supreme Court Supercharged Trump’s Power

Summary

Donald Trump will enter office at a time when presidential power has significantly expanded, because of a string of Supreme Court decisions in recent years. These decisions can be understood to have two functions: They give presidents a “sword” to act more decisively and unilaterally, and a “shield” that protects them from prosecution against actions taken in their official capacity. What will these capacities mean for Trump’s second term — especially as he has promised to radically transform the federal government? Gillian Metzger is a professor at Columbia Law School who has studied the presidency, the administrative state and the Supreme Court’s relationship to both. In this conversation, guest-hosted by Kate Shaw, a New York Times Opinion contributing writer and law professor, Metzger discusses two key Supreme Court cases — the Trump immunity case, which gave presidents broad protections from prosecution, and the Loper Bright Enterprises case, which overturned the Chevron doctrine, expanding judicial power. Shaw and Metzger also cover how much leeway Trump actually has to take some of the bolder executive actions he’s floated, including ending birthright citizenship; what still remains uncertain about the federal government’s regulatory powers in the post-Chevron regime; and more. “The Demise of Deference — And the Rise of Delegation to Interpret?” by Thomas W. Merrill “The DOGE Plan to Reform Government” by Elon Musk and Vivek Ramaswamy Book recommendations Creating the Administrative Constitution by Jerry L. Mashaw The Forging of Bureaucratic Autonomy by Daniel Carpenter “Curation, Narration, Erasure” by Karen M. Tani Thoughts? Guest suggestions? Email us at ezrakleinshow@nytimes.com. You can find transcripts (posted midday) and more episodes of “The Ezra Klein Show” at nytimes.com/ezra-klein-podcast. Book recommendations from all our guests are listed at https://www.nytimes.com/article/ezra-klein-show-book-recs. This episode of “The Ezra Klein Show” was produced by Elias Isquith. Fact-checking by Michelle Harris, with Mary Marge Locker. Mixing by Isaac Jones, with Efim Shapiro and Aman Sahota. Our supervising editor is Claire Gordon. The show’s production team also includes Rollin Hu, Kristin Lin and Jack McCordick. Original music by Pat McCusker. Audience strategy by Kristina Samulewski and Shannon Busta. The executive producer of New York Times Opinion Audio is Annie-Rose Strasser.

Subtitle
Donald Trump will enter office at a time when presidential power has significantly expanded, because of a string of Supreme Court decisions in recent years. These decisions can be understood to have two functions: They give presidents a “sword” to a
Duration
00:45:27
Publishing date
2024-12-17 10:00
Link
https://nytimes.com/2024/12/17/opinion/ezra-klein-podcast-kate-shaw-gillian-metzger.html
Contributors
  New York Times Opinion
author  
Enclosures
https://dts.podtrac.com/redirect.mp3/pdst.fm/e/pfx.vpixl.com/6qj4J/nyt.simplecastaudio.com/3026b665-46df-4d18-98e9-d1ce16bbb1df/episodes/410a26ff-6620-4fa7-8de9-06e60150d765/audio/128/default.mp3?aid=rss_feed&awCollectionId=3026b665-46df-4d18-98e9-d1ce1
audio/mpeg

Shownotes

Donald Trump will enter office at a time when presidential power has significantly expanded, because of a string of Supreme Court decisions in recent years. These decisions can be understood to have two functions: They give presidents a “sword” to act more decisively and unilaterally, and a “shield” that protects them from prosecution against actions taken in their official capacity. What will these capacities mean for Trump’s second term — especially as he has promised to radically transform the federal government?

Gillian Metzger is a professor at Columbia Law School who has studied the presidency, the administrative state and the Supreme Court’s relationship to both. In this conversation, guest-hosted by Kate Shaw, a New York Times Opinion contributing writer and law professor, Metzger discusses two key Supreme Court cases — the Trump immunity case, which gave presidents broad protections from prosecution, and the Loper Bright Enterprises case, which overturned the Chevron doctrine, expanding judicial power. Shaw and Metzger also cover how much leeway Trump actually has to take some of the bolder executive actions he’s floated, including ending birthright citizenship; what still remains uncertain about the federal government’s regulatory powers in the post-Chevron regime; and more.

The Demise of Deference — And the Rise of Delegation to Interpret?” by Thomas W. Merrill

The DOGE Plan to Reform Government” by Elon Musk and Vivek Ramaswamy

Book recommendations

Creating the Administrative Constitution by Jerry L. Mashaw

The Forging of Bureaucratic Autonomy by Daniel Carpenter

Curation, Narration, Erasure” by Karen M. Tani

Thoughts? Guest suggestions? Email us at ezrakleinshow@nytimes.com.

You can find transcripts (posted midday) and more episodes of “The Ezra Klein Show” at nytimes.com/ezra-klein-podcast. Book recommendations from all our guests are listed at https://www.nytimes.com/article/ezra-klein-show-book-recs.

This episode of “The Ezra Klein Show” was produced by Elias Isquith. Fact-checking by Michelle Harris, with Mary Marge Locker. Mixing by Isaac Jones, with Efim Shapiro and Aman Sahota. Our supervising editor is Claire Gordon. The show’s production team also includes Rollin Hu, Kristin Lin and Jack McCordick. Original music by Pat McCusker. Audience strategy by Kristina Samulewski and Shannon Busta. The executive producer of New York Times Opinion Audio is Annie-Rose Strasser.

Unlock full access to New York Times podcasts and explore everything from politics to pop culture. Subscribe today at nytimes.com/podcasts or on Apple Podcasts and Spotify.