The Ezra Klein Show

‘A Sword and a Shield’: How the Supreme Court Supercharged Trump’s Power


Listen Later

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 [email protected].

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.

...more
View all episodesView all episodes
Download on the App Store

The Ezra Klein ShowBy New York Times Opinion

  • 4.5
  • 4.5
  • 4.5
  • 4.5
  • 4.5

4.5

11,517 ratings


More shows like The Ezra Klein Show

View all
The Book Review by The New York Times

The Book Review

3,864 Listeners

Popcast by The New York Times

Popcast

1,443 Listeners

Fresh Air by NPR

Fresh Air

38,186 Listeners

The Political Scene | The New Yorker by WNYC Studios and The New Yorker

The Political Scene | The New Yorker

3,901 Listeners

The New Yorker Radio Hour by WNYC Studios and The New Yorker

The New Yorker Radio Hour

6,592 Listeners

Modern Love by The New York Times

Modern Love

8,739 Listeners

Pivot by New York Magazine

Pivot

8,863 Listeners

Inside The Times by The New York Times

Inside The Times

134 Listeners

The Gray Area with Sean Illing by Vox

The Gray Area with Sean Illing

10,641 Listeners

The Run-Up by The New York Times

The Run-Up

2,064 Listeners

Pod Save America by Crooked Media

Pod Save America

86,340 Listeners

The Daily by The New York Times

The Daily

111,438 Listeners

Change Agent by The New York Times

Change Agent

1,465 Listeners

Caliphate by The New York Times

Caliphate

12,629 Listeners

Charm City by The New York Times

Charm City

300 Listeners

Interesting Times with Ross Douthat by New York Times Opinion

Interesting Times with Ross Douthat

6,655 Listeners

The Bulwark Podcast by The Bulwark

The Bulwark Podcast

11,443 Listeners

The Latest by The New York Times

The Latest

469 Listeners

The Candidates by The New York Times

The Candidates

52 Listeners

Jungle Prince by The New York Times

Jungle Prince

2,288 Listeners

The Choice by New York Times Opinion

The Choice

380 Listeners

Rabbit Hole by The New York Times

Rabbit Hole

6,668 Listeners

Hard Fork by The New York Times

Hard Fork

5,356 Listeners

Day X by The New York Times

Day X

1,495 Listeners

The Weekly Show with Jon Stewart by Comedy Central

The Weekly Show with Jon Stewart

10,244 Listeners

Offline with Jon Favreau by Crooked Media

Offline with Jon Favreau

2,205 Listeners

The Interview by The New York Times

The Interview

1,432 Listeners

The Run-Up (2016) by The New York Times

The Run-Up (2016)

7 Listeners

On with Kara Swisher by Vox Media

On with Kara Swisher

3,142 Listeners

The Argument by New York Times Opinion

The Argument

16 Listeners

The Opinions by The New York Times Opinion

The Opinions

369 Listeners

The Run-Up Guide to 2024 by The New York Times

The Run-Up Guide to 2024

0 Listeners