The Fox News Supreme Court is a political weapon, and it’s being wielded to wreck what remains of American democracy. What happens if Trump declares martial law?

This week on Gaslit Nation, Andrea interviews Leah Litman, a constitutional law professor at the University of Michigan Law School, co-host of the award-winning Strict Scrutiny podcast, and author of the new book LAWLESS: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes. This Court is a multi-decade effort by conservatives to seize power they couldn’t win through democratic means.

Litman warns about what the Fox News Court is up to. If you thought things were bad, we’re staring down a term packed with cases that could fundamentally rewrite public education, religious liberty, and basic civil rights. Take Oklahoma Charter Board v. Drummond. This case actually asks whether the Constitution requires states to allow religious public charter schools. Yes, you read that right: requires. The Establishment Clause prohibits the government from funding religious education. But now, thanks to the conservative justices’ persecution complex, where white Christian nationalism is the most oppressed identity in America, obviously, the Court may rule that denying public funding to religious schools is unconstitutional discrimination.

Then there’s the challenge to a Maryland school district’s decision to include LGBTQ+ inclusive books in elementary schools. A group of religious parents is arguing that merely exposing children to stories with queer characters violates their religious freedom. If the Court agrees, it could hand conservative parents a veto power over what public schools teach, effectively outlawing inclusive education if it makes anyone clutch their pearls.

What Litman makes clear is that these cases are about redefining public life, turning schools into vehicles for a theocratic agenda. And let’s be honest: they’re not talking about funding schools for Wiccans or the Church of Satan. This is about establishing a Christian nationalism dictatorship. Yes, it can happen here. Yes, it’s happening here.

But we are not powerless. Reform is not a fantasy. Term limits. Ethics rules. Court expansion. These are tools, if we find the courage to use them. Because democracy doesn’t die in darkness. It’s strangled in broad daylight by men in robes, funded by billionaires, and broadcast live on C-SPAN.

And if we don’t fight back? We’re just letting them get away with it.

EVENTS AT GASLIT NATION:

• May 26 4pm ET – Book club discussion of Martin Luther King, Jr.’s Stride Toward Freeom: The Montgomery Story

• Indiana-based listeners launched a Signal group for others in the state to join, available on Patreon.

• Florida-based listeners are going strong meeting in person. Be sure to join their Signal group, available on Patreon.

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