‘A Sword and a Shield’: How the Supreme Court Supercharged Trump’s Power

Donald Trump will enter office at a time when presidential power has significantly expanded, because of a string of Supreme Court decisions in recent years. These decisions can be understood to have two functions: They give presidents a “sword” to act more decisively and unilaterally, and a “shield” that protects them from prosecution against actions taken in their official capacity. What will these capacities mean for Trump’s second term — especially as he has promised to radically transform the federal government?Gillian Metzger is a professor at Columbia Law School who has studied the presidency, the administrative state and the Supreme Court’s relationship to both. In this conversation, guest-hosted by Kate Shaw, a New York Times Opinion contributing writer and law professor, Metzger discusses two key Supreme Court cases — the Trump immunity case, which gave presidents broad protections from prosecution, and the Loper Bright Enterprises case, which overturned the Chevron doctrine, expanding judicial power. Shaw and Metzger also cover how much leeway Trump actually has to take some of the bolder executive actions he’s floated, including ending birthright citizenship; what still remains uncertain about the federal government’s regulatory powers in the post-Chevron regime; and more.“The Demise of Deference — And the Rise of Delegation to Interpret?” by Thomas W. Merrill“The DOGE Plan to Reform Government” by Elon Musk and Vivek RamaswamyBook recommendationsCreating the Administrative Constitution by Jerry L. MashawThe Forging of Bureaucratic Autonomy by Daniel Carpenter“Curation, Narration, Erasure” by Karen M. TaniThoughts? Guest suggestions? Email us at [email protected] can find transcripts (posted midday) and more episodes of “The Ezra Klein Show” at nytimes.com/ezra-klein-podcast. Book recommendations from all our guests are listed at https://www.nytimes.com/article/ezra-klein-show-book-recs.This episode of “The Ezra Klein Show” was produced by Elias Isquith. Fact-checking by Michelle Harris, with Mary Marge Locker. Mixing by Isaac Jones, with Efim Shapiro and Aman Sahota. Our supervising editor is Claire Gordon. The show’s production team also includes Rollin Hu, Kristin Lin and Jack McCordick. Original music by Pat McCusker. Audience strategy by Kristina Samulewski and Shannon Busta. The executive producer of New York Times Opinion Audio is Annie-Rose Strasser. Unlock full access to New York Times podcasts and explore everything from politics to pop culture. Subscribe today at nytimes.com/podcasts or on Apple Podcasts and Spotify.

This election felt like the peak of the TV-ification of politics. There’s Trump, of course, who rose to national prominence as a reality-TV character and is a master of visual stagecraft. And while Trump’s cabinet picks in his first term were described as out of central casting, this time he wants to staff some positions directly from the worlds of TV and entertainment: Pete Hegseth, his choice to run the Pentagon, was a host on “Fox and Friends Weekend”; his proposed education secretary, Linda McMahon, was the former C.E.O. of W.W.E.; Mehmet Oz, star of the long-running “The Dr. Oz Show,” is his pick to run Medicare and Medicaid; and he’s tapped Elon Musk, one of the most powerful figures in American culture, to lead a government efficiency effort. Two years ago, we released an episode that helps explain why politics and entertainment are converging like this. It’s with my old Vox colleague Sean Illing, host of “The Gray Area,” looking at the work of two media theorists, Marshall McLuhan and Neil Postman, who uncannily predicted what we’re seeing now decades ago.And so I wanted to share this episode again now, because it’s really worth stepping back and looking at this moment through the lens of the media that’s shaping it. In his book “The Paradox of Democracy,” Illing and his co-author, Zac Gershberg, put it this way: “It’s better to think of democracy less as a government type and more as an open communicative culture.” So what does our communicative culture — our fragmented mix of cable news, X, TikTok, YouTube, WhatsApp and podcasts — mean for our democracy? This episode contains strong language.Mentioned:“‘Flood the zone with shit’: How misinformation overwhelmed our democracy” by Sean Illing“Quantifying partisan news diets in Web and TV audiences” by Daniel Muise, Homa Hosseinmardi, Baird Howland, Markus Mobius, David Rothschild and Duncan J. WattsBook Recommendations:Amusing Ourselves to Death by Neil PostmanPublic Opinion by Walter LippmannMediated by Thomas de ZengotitaThoughts? Guest suggestions? Email us at [email protected] can find transcripts (posted midday) and more episodes of “The Ezra Klein Show” at nytimes.com/ezra-klein-podcast. Book recommendations from all our guests are listed at https://www.nytimes.com/article/ezra-klein-show-book-recs.This episode of “The Ezra Klein Show” was produced by Rogé Karma. Fact-checking by Michelle Harris, Rollin Hu, Mary Marge Locker and Kate Sinclair. Mixing by Sonia Herrero, Carole Sabouraud and Isaac Jones. Our production team also includes Elias Isquith, Kristin Lin, Jack McCordick and Aman Sahota. Audience strategy by Kristina Samulewski and Shannon Busta. The executive producer of New York Times Opinion Audio is Annie-Rose Strasser. Unlock full access to New York Times podcasts and explore everything from politics to pop culture. Subscribe today at nytimes.com/podcasts or on Apple Podcasts and Spotify.

It was possible to see Donald Trump’s first election victory as some kind of fluke. But after the results of this election, it’s clear that America is living in the Trump era. And for Americans who’ve struggled to process this fact, you have lots of company around the world. From Hungary to Brazil, right-wing figures with openly authoritarian goals have been voted into power, to the concern of many of the people who live there.A political phenomenon that spans countries like this — especially countries with such different levels of wealth, political systems and cultures — requires an explanation that spans countries, too. So we wanted to re-air this episode that originally published in November 2022, because it offers exactly that kind of theory. Pippa Norris is a political scientist at Harvard’s Kennedy School of Government. She’s written dozens of books on topics ranging from comparative political institutions to right-wing parties and the decline of religion. In 2019, she and Ronald Inglehart published “Cultural Backlash: Trump, Brexit and Authoritarian Populism,” which gives the best explanation of the far right’s rise that I’ve read. And it feels so much more relevant now in this country, after Trump’s decisive election. In this conversation, we discuss what Norris calls the “silent revolution in cultural values” that has occurred across advanced democracies in recent decades, why the “transgressive aesthetic” of leaders like Trump and Brazil’s Jair Bolsonaro is so central to their appeal, the role that economic anxiety and insecurity play in fueling right-wing backlashes and more.Mentioned:Sacred and Secular by Pippa Norris and Ronald Inglehart“Exploring drivers of vote choice and policy positions among the American electorate”Book Recommendations:Popular Dictatorships by Aleksandar MatovskiSpin Dictators by Sergei Guriev and Daniel TreismanThe Origins of Totalitarianism by Hannah ArendtThoughts? Email us at [email protected]. (And if you're reaching out to recommend a guest, please write  “Guest Suggestion" in the subject line.)You can find transcripts (posted midday) and more episodes of “The Ezra Klein Show” at nytimes.com/ezra-klein-podcast, and you can find Ezra on Twitter @ezraklein. Book recommendations from all our guests are listed at https://www.nytimes.com/article/ezra-klein-show-book-recs.This episode of “The Ezra Klein Show” is produced by Emefa Agawu, Annie Galvin, Jeff Geld and Roge Karma. Fact-checking by Michelle Harris, Mary Marge Locker and Kate Sinclair. Original music by Isaac Jones. Mixing by Jeff Geld. Audience strategy by Shannon Busta. Special thanks to Kristin Lin and Kristina Samulewski.Unlock full access to New York Times podcasts and explore everything from politics to pop culture. Subscribe today at nytimes.com/podcasts or on Apple Podcasts and Spotify.This episode of “The Ezra Klein Show” was produced by Rogé Karma. Fact-checking by Michelle Harris, Mary Marge Locker and Kate Sinclair. Mixing by our senior engineer, Jeff Geld. Our supervising editor is Claire Gordon. The show's production team also includes Rollin Hu, Elias Isquith, Kristin Lin, Jack McCordick and Aman Sahota. Original music by Pat McCusker. Audience strategy by Kristina Samulewski and Shannon Busta.  Unlock full access to New York Times podcasts and explore everything from politics to pop culture. Subscribe today at nytimes.com/podcasts or on Apple Podcasts and Spotify.

In a couple weeks, the archives of our show will only be available to subscribers. Here’s why that’s happening and what to expect. To learn more, go to nytimes.com/podcasts. Unlock full access to New York Times podcasts and explore everything from politics to pop culture. Subscribe today at nytimes.com/podcasts or on Apple Podcasts and Spotify.

Every Tuesday and Friday, Ezra Klein invites you into a conversation about something that matters. How do we address climate change if the political system fails to act? Has the logic of markets infiltrated too many aspects of our lives? What is the future of the Republican Party? What do psychedelics teach us about consciousness? What does sci-fi understand about our present that we miss? Can our food system be just to humans and animals alike?Subscribe wherever you listen to podcasts.You can find transcripts (posted midday) and more episodes of "The Ezra Klein Show" at nytimes.com/ezra-klein-podcast, and you can find Ezra on Twitter @ezraklein.Thoughts? Guest suggestions? Email us at [email protected].“The Ezra Klein Show” is produced by Rogé Karma and Jeff Geld; fact-checking by Michelle Harris; original music by Isaac Jones; mixing by Jeff Geld. Unlock full access to New York Times podcasts and explore everything from politics to pop culture. Subscribe today at nytimes.com/podcasts or on Apple Podcasts and Spotify.