Stanford Legal

The Law Must Be King


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In this special episode, recorded at the Neukom Center's Rule of Law Speaker Series, Judge J. Michael Luttig, former Fourth Circuit judge and ex-General Counsel of Boeing,  discusses a looming constitutional crises facing the United States. Drawing on Lincoln, Paine, and Churchill, Judge Luttig argues that the Trump administration's actions represent not the exploitation of constitutional vulnerabilities, but unconstitutional conduct that federal courts have repeatedly struck down. He expresses particular alarm over the Supreme Court's use of the shadow docket to stay lower court decisions without briefing, argument, or written reasoning — a practice he characterizes as a crisis within the Court itself. Judge Luttig also addresses the DOJ's institutional corruption, Congress's abdication of war powers and tariff authority, and the Supreme Court's sweeping immunity ruling in Trump v. United States. Throughout, he challenges law students to treat their professional oath as a solemn civic obligation in a moment of national testing.

Links:

  • Honorable J. Michael Luttig >>> Federal Judicial Center page
  • Connect:

    • Episode Transcripts >>> Stanford Legal Podcast Website
    • Stanford Legal Podcast >>> LinkedIn Page
    • Rich Ford >>>  Twitter/X
    • Pam Karlan >>> Stanford Law School Page
    • Stanford Law School >>> Twitter/X
    • Stanford Lawyer Magazine >>> Twitter/X
    • (00:00) America at 250—A Nation Under Assault from Within

      (14:00) The Legal Profession as Guardian of the Constitution 

      (20:30) Unconstitutional by Design—The Trump Administration's Legal Record

      (28:00) The Corruption of the DOJ

      (36:00) Congress, the War Power, and the Collapse of Separation of Powers

      (42:30) The Supreme Court, the Shadow Docket, and Presidential Immunity 


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