Shadow Docket Showdown: Trump Litigation, Judicial Tensions, and the Supreme Court's Emergency Powers

Host Jan Baran welcomes back Josh Gerstein, Senior Legal Affairs Reporter for Politico, for a comprehensive review of the litigation landscape surrounding the Trump administration. They dive into the Supreme Court's increasingly prominent "shadow docket" and how it has become essential for advancing presidential agendas through executive action rather than legislation.

The conversation covers major legal flashpoints including immigration enforcement cases, National Guard deployments in California, Oregon, and Illinois, and the administration's removal of officials from independent agencies. Josh and Jan explore the unprecedented criticism of the Supreme Court by lower court judges, growing concerns about judicial security, and the tension between executive power and judicial review.

They also preview significant upcoming cases, including Louisiana v. Callais on voting rights and race-conscious redistricting, and a potentially landmark tariffs case with broad implications for the balance of power between the executive and legislative branches. The discussion highlights how recent Senate confirmation process changes could reshape federal agencies and examines the legal doctrine of the "Unitary Executive."

About Josh Gerstein

Josh Gerstein is Politico’s Senior Legal Affairs Reporter. Gerstein covers the intersection of law and politics, including Special Counsel Robert Mueller’s investigation of President Donald Trump and his associates, as well as ensuing counter-investigations into the origins of the FBI’s initial inquiry into the Trump-Russia saga. While not a lawyer, Gerstein spent more time in courtrooms and reading legal pleadings than many members of the bar.

For more than a decade, he has taken Politico readers inside the most celebrated political trials of our era, involving figures like former Sen. John Edwards (D-N.C.), former White House counsel Greg Craig, longtime Trump confidant Roger Stone and former Trump campaign manager Paul Manafort.

Gerstein also reports on the Justice Department and legal controversies, including Supreme Court showdowns over same-sex marriage and Obamacare, all of the recent Supreme Court nominations, criminal justice reform and battles over executive privilege. Gerstein attended Harvard College and received a bachelor’s degree, magna cum laude, in government.