The War That Didn’t End When We Thought: Michael Vorenberg on Lincoln and Today’s Disinformation
This week on The Oath and The Office, co-hosts Corey Brettschneider and John Fugelsang welcome renowned historian and Lincoln scholar Michael Vorenberg. Best known for his groundbreaking book Final Freedom, which was part of the inspiration for Steven Spielberg’s acclaimed film Lincoln, Vorenberg now challenges the conventional wisdom about when the Civil War truly ended. His latest book, Lincoln’s Peace, argues compellingly that the war didn't conclude neatly at Appomattox in April 1865, but persisted into Andrew Johnson's presidency—shaping American democracy in ways we're still grappling with today.Corey, John, and Michael explore unsettling parallels between Civil War-era disinformation campaigns and the fractured information environment of today, especially around January 6 and ongoing threats to democracy. Vorenberg also offers critical insights into Lincoln's controversial constitutional decisions, including the suspension of habeas corpus, and whether they set troubling precedents for presidential power in modern America.But first, Corey and John break down this week’s critical legal headlines:A federal judge blocks Trump's retaliatory sanctions against law firm WilmerHale.The Supreme Court's troubling debate about ending nationwide injunctions amid arguments on birthright citizenship.A court temporarily halts the Trump administration’s ban on foreign students at Harvard.Subscribe, rate us, and join us each week as we navigate the evolving constitutional crises shaping America’s future.
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1:14:53
Supreme Threats: Melissa Murray on Dobbs, Democracy, and the Future of Abortion Rights
NYU Law Professor and renowned constitutional expert Melissa Murray joins Corey Brettschneider and John Fugelsang on The Oath and The Office for a vital discussion on abortion rights, the Supreme Court, and the health of democracy. Melissa exposes the dangerous myths behind the Supreme Court’s claim that the Dobbs decision simply returns abortion to the states. She warns about the potential for a nationwide abortion ban. Offering powerful insight, she argues persuasively why democracy and the 14th Amendment demand robust protection for reproductive rights. Melissa also shares optimism about the profound constitutional promises that remain—even amidst the current threats. But first, Corey and John unpack recent disturbing attacks on democratic norms:Politicized Justice: Recent criminal charges against a sitting member of Congress raise urgent questions about the weaponization of justice.Venezuelan Deportations: The Supreme Court has temporarily halted controversial mass deportations under the Alien Enemies Act, highlighting serious concerns about due process and executive overreach.Silencing Dissent via Tax Policy: A troubling House bill threatens nonprofits and universities critical of the administration, stripping nonprofit status and imposing punitive endowment taxes designed to stifle opposition.Join Corey, John, and Melissa Murray as they deliver essential constitutional analysis and fearless commentary on threats facing American democracy today.
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1:09:45
The Rule of Law Under Siege: Judge Dugan Indicted, Roberts' Weak Trump Rebuke, Habeas Corpus Crisis
Co-host Corey Brettschneider celebrates winning the American Bar Association Silver Gavel Award—but there's no time to rest. He and John Fugelsang tackle the urgent threats facing American democracy.Judge Hannah Dugan’s Bombshell Indictment:An unprecedented indictment of a sitting judge sparks a crisis of judicial integrity.Roberts’ Hollow Warning:Chief Justice Roberts warns the rule of law is "endangered," but Corey and John expose why Roberts’ criticism of Trump is too little, too late, given his own controversial record on presidential immunity.The Habeas Corpus Crisis:Can a president suspend habeas corpus? The hosts unpack the chilling scenario where Congress supports such a constitutional breach, outlining a potential showdown over fundamental rights.Qatar, Trump, and the Emoluments Clause Scandal:Corey and John reveal how a lavish foreign gift to Trump represents exactly the type of dangerous influence America’s founders warned against—from Washington’s time to ours.Birthright Citizenship at Stake:The hosts preview a critical Supreme Court case examining the 14th Amendment’s guarantee of birthright citizenship, highlighting what’s at stake for America’s identity.With sharp wit and incisive analysis, this episode delivers a fearless exploration of constitutional crises and the ongoing fight to preserve American democracy. Subscribe now for your weekly dose of insight on the Supreme Court, the Constitution, and the battle against authoritarian threats.
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47:27
Bad Vibes & Broken Oaths: Leah Litman on a Lawless Supreme Court
Law professor Leah Litman (University of Michigan) – co-host of Strict Scrutiny – joins co-hosts Corey Brettschneider and John Fugelsang on The Oath and The Office for an urgent, witty deep-dive into the chaos at the heart of American law and democracy. Litman discusses her new book Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes, shredding the myth of a neutral Court. Litman compares today’s conservative-dominated Supreme Court to Patrick Bateman in American Psycho – outwardly polished but fueled by disturbing impulses. With principled passion and humor, she unpacks the so-called “Kensurrection” and reflects on the toxic legacy of Citizens United. It’s a candid conversation that exposes the Court’s bad vibes and asks: Who will uphold our Constitution when those entrusted to protect it go lawless? But first, Corey and John break down this week’s legal news highlights:Trump’s Oath Controversy – Former President Donald Trump makes a jaw-dropping assertion that the presidential oath might not obligate him to uphold the Constitution – even though those 35 words clearly bind him to “preserve, protect, and defend” it.Executive Order Smackdown – A federal court pushes back on Trump’s latest executive order aimed at punishing his political opponents (and their law firms), ruling that even a president can’t weaponize the law to settle scores.DOGE Under Fire – A flurry of over 30 lawsuits challenges the constitutionality of Trump’s new Department of Government Efficiency (DOGE), raising alarm bells over separation of powers. Can Elon Musk really run roughshod over the administrative state without Senate confirmation?Justice Jackson Claps Back – In a rare move, Justice Ketanji Brown Jackson issues a public rebuke of Trump’s attacks on the judiciary – an unprecedented show of internal judicial solidarity against political intimidation.Mixing sharp wit with serious constitutional insight, this episode delivers hard-hitting analysis with heart. It’s a fearless, principled discussion that balances outrage and optimism—guaranteed to resonate with Strict Scrutiny fans and anyone worried about democracy’s future. Subscribe to The Oath and The Office on Apple Podcasts or Spotify for your weekly guide to law, power, and the fight to defend the Constitution.
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58:03
100 Days of Democratic Destruction: Trump, Executive Orders, and Constitutional Crisis
In this essential episode of The Oath and The Office, hosts Corey Brettschneider and John Fugelsang dissect Trump’s first 100 days, highlighting dangerous executive orders that threaten constitutional democracy. They examine two alarming categories: orders so clearly unconstitutional that courts may swiftly block them, and subtler actions rooted in the “unitary executive theory” paving the road toward autocracy. Despite this grim landscape, Trump’s poll numbers reveal a weakening presidency—are historical democratic norms finally rallying public resistance? Corey and John also provide a deep investigative look into the Supreme Court’s temporary halt on Trump’s controversial deportations to El Salvador, exposing the flawed, punitive point system used against vulnerable migrants. Plus, they delve into the troubling arrest of a Wisconsin judge, drawing powerful historical parallels to the state’s legacy of judicial resistance against slavery. Ending with optimism, they cover a federal judge’s ruling protecting Voice of America from Trump’s political interference, underscoring the ongoing fight for judicial independence and free press.
Mixing sharp wit and serious political fire, The Oath and The Office is where hard-hitting constitutional analysis meets razor-sharp comedy. Distinguished political science professor Corey Brettschneider teams up with comedian John Fugelsang to break down the most powerful 35 words in American democracy—the presidential oath of office. Every president swears to “preserve, protect, and defend” the Constitution, but what happens when one openly attacks democracy and the rule of law itself? Each week, Corey and John pull no punches, exposing the latest threats to the rule of law and demanding accountability. Smart, fearless, and wickedly funny—this is the civics lesson you can’t afford to miss.
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