The role of the U.S. Supreme Court is to serve as the highest judicial authority in the United States. Its primary responsibility is to interpret the Constitution, review the constitutionality of laws, and resolve legal disputes that have national significance. As part of the federal judiciary, the Court acts as a check on the powers of the legislative and executive branches, ensuring that laws and government actions comply with the Constitution.
However, in the book Lawless, legal scholar and commentator Leah Litman argues that the conservative-dominated high bench has abandoned traditional legal reasoning in favor of ideology, emotion, and political grievance. Using sharp analysis and dark humor, Litman lays out a case that the Court no longer functions as a neutral arbiter of law, but as a political actor advancing conservative agendas through the selective and often inconsistent application of legal principles.
At the heart of Litman’s argument is the idea that the Court increasingly operates on “vibes” rather than on legal precedent or constitutional fidelity. By “vibes,” she means gut-level feelings, cultural grievance, and personal preference disguised as jurisprudence. Conservative justices, Litman argues, often cloak ideological outcomes in the language of originalism or textualism, while ignoring or distorting legal traditions when convenient.
The book traces how the Court has elevated conservative victimhood into constitutional doctrine. Whether it’s religious liberty cases, campaign finance rulings, or decisions weakening voting rights, Litman sees a consistent pattern: the justices frame powerful institutions—churches, corporations, wealthy donors—as under threat, and recast them as deserving special protection. In doing so, they legitimize fringe legal theories and transform them into binding precedent.
Litman examines major issue areas such as abortion, voting rights, LGBTQ equality, environmental regulation, and corporate power. She argues that rulings like Dobbs v. Jackson Women’s Health Organization and Citizens United are not simply conservative interpretations of law—they are manifestations of a broader ideological project to roll back decades of progressive advances, often at the expense of democratic participation and individual rights.
Guest:
Leah Litman is the author of Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes. The book offers a sharp, witty, and deeply researched critique of the modern Supreme Court under its conservative majority.
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This discussion will be recorded on Thursday, June 12, 2025.
