The stage seems just about set for us to get the answer from the Supreme Court whether it will permit the judiciary to get rolled by an administration looking to use the label "foreign policy" to avoid all accountability. Elsewhere, the administration’s campaign to take control of large civil institutions hit a roadblock with a pushback from Harvard. Jon Alter, Susan Glasser, and Katie Phang join Harry to take stock of how far from the private precipice we are and our prospects for going over.

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Harry talks with Mark Tushnet, the William Nelson Cromwell Professor of Law, Emeritus at Harvard Law School, and one of the country’s leading constitutional scholars. After a brief discussion about his new book, “Who Am I To Judge,” the two dive in to the law and politics of the Trump administration assault on elite universities, in particular Harvard and Columbia. Tushnet explains why he thinks that the Administrations’ broad-gauged demands are unconstitutional on several grounds, including a somewhat underdeveloped principle in the law of fit between Government objection and proposed remedy, i.e. here that the administration is stating concerns about antisemitism to justify an extremely broad range of demanded changes. Tushnet describes the fervent opposition on campus and in the Harvard alumni community to the Administration’s demands, and lays out Harvard's overall strategic thinking in the short, medium, and long terms. The two then turn to the very different response from Columbia, including discussion of the Administration’s apparent consideration of a very novel approach to continuing supervision of the university under the model previous Departments of Justice have employed for corrupt police departments.

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It was a week in which Trump’s broad and malign influence on civil society took another giant step forward. He single-handedly brought the economy to the edge of a recession w/ erratic and ill-considered tariffs; commandeered several more large law firms; initiated criminal investigations of two former officials for daring to oppose his views; and issued an executive order on showerhead pressure. A fantastic panel of Jason Kander, Zoe Lofgren, and Charlie Sykes joins Harry to break it all down.

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