The Oath and The Office25 Jun 2025

Illegal War? War Powers, Deportation Chaos & Trans Rights at Risk

In this wide-ranging episode of The Oath and The Office, John and Corey dive into four major legal controversies shaking the nation:

Iran Attack & War Powers: Was President Trump’s recent bombing of Iranian nuclear sites without Congress’s approval an illegal act of war? The hosts examine whether the strike amounts to an undeclared war and discuss the War Powers Resolution of 1973. They break down why House Speaker Mike Johnson has called the War Powers Act unconstitutional, noting that presidents of both parties have long bypassed Congress in military actions. If the War Powers Act is flawed, John and Corey argue, it’s because it gives the president too much leeway at the expense of Congress’s authority – not the other way around.
Supreme Court on Deportations: The Supreme Court has allowed President Trump to resume deporting migrants to third countries – including turmoil-filled places like South Sudan – with minimal notice to those being removed. John and Corey unpack this controversial ruling, which handed a victory to the Trump administration’s hardline immigration policy. They discuss how the decision bypassed lower-court orders that had required warning migrants about their destination and a chance to contest being sent to dangerous regions, and what this means for executive power and humanitarian protections.
Defying Court Orders: A DOJ whistleblower claims a top Justice Department official (now a Trump judicial nominee) suggested ignoring court orders to carry out deportations. John and Corey discuss who could be held in contempt in such a scenario and the broader implications for the rule of law if the executive branch were to defy judicial rulings.
Transgender Rights Under Fire: Finally, John and Corey tackle a recent case in which a court upheld a controversial Tennessee law targeting transgender youth. They describe the law – viewed by critics as a bigoted attack on trans rights – which bans gender-affirming care for transgender minors, and how the court’s decision exemplifies the judiciary’s abandonment of transgender rights. The hosts lament this trend in which both state and federal courts are allowing sweeping restrictions on LGBTQ+ individuals, and they discuss the potential fallout for trans Americans and their families.

Tune in as we analyze these headline-making stories at the intersection of presidential power and constitutional rights, and what they mean for the future of American democracy. Each segment offers critical insights into how far executive authority can stretch and how the courts are responding – or failing to respond – in the battles over war, immigration, and civil rights.

Denne episoden er hentet fra en åpen RSS-feed og er ikke publisert av Podme. Den kan derfor inneholde annonser.

Episoder(84)

Will the Court Help Trump Steal the 2026 Election?

Could the Supreme Court help Trump disrupt the 2026 election?In this episode of The Oath and The Office, Corey Brettschneider and John Fugelsang examine a new fight over mail ballots and postal rules ...

10 Sep 1h 1min

Trump’s Mafia Presidency, with Barbara McQuade

Trump’s abuses of power keep colliding with the law. But even when courts recognize the danger, procedural barriers can prevent them from stopping it.Corey and John examine how standing doctrine block...

3 Sep 1h 3min

The Christian Nationalism Behind January 6, with Rep. Jared Huffman

Why did the January 6 Committee underplay the role of Christian nationalism in its final report?Rep. Jared Huffman, the only openly nonbelieving member of Congress, joins Corey Brettschneider for a de...

27 Aug 37min

Trump’s Presidency for Sale?

This week on The Oath and the Office, we follow four stories that raise one question: what happens when the restraints on presidential power start disappearing?Donald Trump is being sued over a servic...

20 Aug 56min

Trump vs. the Supreme Court. Again.

Trump already lost on birthright citizenship. Now he is testing the limits of constitutional law with two narrower executive orders. We explain the high-stakes game of chicken underway: can a presiden...

13 Aug 51min

Blanche’s Confirmation Deal: Trump’s Weaponization Fund Could Return

Acting Attorney General Todd Blanche appears to have secured the committee votes needed to advance his nomination. He cleared the path by agreeing to rescind Donald Trump’s controversial $1.8 billion ...

6 Aug 1h

What Trump and the New Right Really Believe | David French

What does Trump actually believe, and how does his worldview connect to the New Right? Corey Brettschneider and John Fugelsang look beyond the latest outrages to the ideology linking them. Then New Yo...

30 Jul 1h 15min

Trump’s Media Threats & Todd Blanche’s $1.8B Slush Fund (with Skye Perryman)

Threatening the broadcast licenses of news networks is a direct assault on the free press. Corey Brettschneider and John Fugelsang tear down Trump’s extraordinary primetime speech and explain why stan...

23 Jul 1h 13min