Uncategorized
John Roberts will not save us — but we might just able to save ourselves
One of the many virtues of Leah Litman’s lucid and blistering new book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes is that it, as the title suggests, reads almost like a pulpy crime story. But unlike most whodunits, we know at the very start of Litman’s tale who dun the crime. No less unusual, Litman ends her story with what can be dun by Americans who wish to resist this state of lawlessness.
Litman is a professor of constitutional law at the University of Michigan, and co-host of the popular weekly legal podcast “Strict Scrutiny,” which subjects the decisions made by SCOTUS to scathing wit and surgical analysis. (In Litman’s wide-ranging criticism of SCOTUS, she lambastes the hypocrisy of the Republican-majority’s skepticism on abortion cases presented by Jewish plaintiffs who argue that their religious faith compels them to perform, provide, or access abortion care. As she notes, this skepticism is a decidedly unusual response from a court that is usually keen on expanding, not retracting, religious exemptions from law.)
When I spoke to Litman over Zoom, she expanded on the Roberts court’s cultural grievances, crackpot theories, and overall “bad vibes,” a term she says she uses to draw a distinction between “what some people think of as law,” i.e. “something that’s objective or determinate.” Instead, it becomes something based on feelings and what “triggers them and what upsets them,” which she sees as reflective of the “talking points and zeitgeist of the Republican Party.”
In our conversation, Litman traced the historical origins of bruised feelings and bad vibes that passes itself off as conservative jurisprudence. We can see today, she emphasized, a reaffirmation of the Lost Cause movement following the Civil War, “this firm commitment to restoring and entrenching white conservative political power and shutting out racial minorities from the political process and treating the inclusion of racial minorities in the polity as an affront to white conservatives and as a form of discrimination against white conservatives. And these same ideas seed, you know, the opposition to the modern Voting Rights Act.”
“Bad vibes” is, of course, not a term often found in the footnotes of law review articles. Yet while Litman acknowledged the term is kind of “loosey-goosey,” she sees it as the driving force behind SCOTUS’ legal reasoning. One of the many problems with vibes, Litman observed, is that “while everyone has feelings, my feelings don’t govern what other people can do. I am allowed to have feelings and views about the world. But that doesn’t mean I get to declare that everyone must make me feel good.”
In the case of the court’s conservative majority, Litman says, this means that they get to feel good about expressing their cultural and social grievances. They can, like Martha-Ann Alito, do so by, say, flying an upside-down American flag outside their house in support of the men and women who invaded the Capitol on Jan. 6. But, more importantly, they can also bring those grievances to their legal reasoning and turn our constitution upside down. (Something that Mrs. Alito’s husband has done time and again as one of our nation’s nine sages.)
Yet, though the Roberts Court — which Litman refers to in her book as “the guys (and Amy)” — might be consumed by grievance, they are not blind to the need to garb these bad vibes in the guise of theories. This is the case for originalism, a seemingly neutral method to decide cases based on a literal reading of the Constitution. Yet, the absence of any mention of women in our founding document has allowed the Supreme Court, even after the passing of the Fourteenth Amendment, to continue to deny equal rights to women.
Hence the importance of the recent overturning of Roe v. Wade. As Litman drily observed, originalism offers conservatives and reactionaries a way to speak about issues without acknowledging the actual stakes involved. It provides a kind of plausible denial from positions that, in effect, declare, “Yes, we should take away women’s birth control pills, force them to go through childbirth, and not allow them to get divorced.”
Meanwhile, as Litman remarked, the Roberts Court often dons the guise of another supposedly objective theory, institutionalism. Her critique is particularly unsettling for those of us who would like to think that Chief Justice John Roberts is an institutionalist who, like the deus ex machina in ancient Greek tragedy, will suddenly appear over the stage set and lift us free of our tragic and fatal predicament.
On one level, Litman said, “anyone looks like an institutionalist when compared to Clarence Thomas and Sam Alito. That John Roberts is more along the spectrum toward the median American voter than either of them is just obviously true and doesn’t tell us that much about whether John Roberts is actually a moderate or median. There are just so many examples where decisions by John Roberts have undermined our institutions and delegitimized our institutions.”
Consider all the decisions written or signed onto by Roberts on campaign financing, presidential powers, partisan gerrymandering, or voting rights to illustrate her claim. Clearly, Litman is not waiting for the Chief Justice to save us. “Look at all the things that Donald Trump is doing that defile our institutions and degrade our democracy. Those are things that John Roberts made perfectly clear that the president is constitutionally entitled to do. And there’s just nothing our lawmaking institutions like Congress or the federal courts can do about that,” she said.
What, then, are we to do? In her book, Litman urges the reader to “make them fight for their nihilism and obtain it at a cost.” In our conversation, she eagerly expanded on this call to action. The forces of democracy and decency cannot win this fight overnight, she told me. “There is no magic fix that will work. Instead, we need to make the case to our fellow citizens and our future elected leaders that in order to get ourselves out of this mess…and shore up our democracy so that we don’t run the risk of sliding back into autocracy and authoritarianism, we need to reform and democratize the Supreme Court.”
It is not what we might hope to hear, but it is the message we need to hear. In fact, as Albert Camus insisted, there is no reason for hope, but that is never a reason to despair. Or, as Litman concludes in her book, “the nihilistic take would be to throw up our hands and do nothing because it all seems too difficult. They’ve stolen a Court and they are practically daring anyone to challenge them. It’s time to call their bluff.”
The post John Roberts will not save us — but we might just able to save ourselves appeared first on The Forward.
Uncategorized
Iran Leaders Join Crowds on Tehran’s Streets to Project Control in Wartime
Iranians gather at a park on Nature Day, amid the U.S.-Israeli conflict with Iran, in Tehran, Iran, April 2, 2026. Photo: Majid Asgaripour/WANA (West Asia News Agency) via REUTERS
After more than a month of being stalked by targeted assassinations, Iran’s leadership has adopted a new tactic to show it is still in control – with senior officials walking openly in the streets among small crowds who have gathered in support of the Islamic Republic.
In recent days, Iran’s president and foreign minister have separately mixed with groups of several hundred people in central Tehran. On Tuesday, state television aired footage of the two posing for selfies, talking to members of the public and shaking hands with supporters who had gathered in public areas.
According to insiders and analysts, the appearances are part of a calculated effort by Iran’s theocratic leadership to project resilience and authority — not only over the vital Strait of Hormuz but also over the population — despite a sustained US-Israeli campaign aimed at “obliterating” it.
One insider close to the hardline establishment said such public outings are intended to show that the Islamic Republic is “unshaken by strikes and that it remains in control and vigilant” as the war grinds on.
The US-Israeli war on Iran began on February 28 with the killing of veteran Supreme Leader Ayatollah Ali Khamenei and several senior military commanders in waves of strikes that have since continued to target top officials.
Iran’s new Supreme Leader, Mojtaba Khamenei, has not been seen in public since taking over on March 8 from his father. Foreign Minister Abbas Araqchi, meanwhile, was removed from Israel’s hit list amid mediation efforts last month, including by Pakistan, to bring Tehran and Washington together for talks to end the war.
Talks aimed at ending the war have since appeared to have petered out, as Tehran brands US peace proposals “unrealistic.” Against that backdrop, recent public appearances by President Masoud Pezeshkian and Araqchi appear designed to project defiance, if not a convincing display of public support.
A senior Iranian source said officials’ public presence demonstrates that “the establishment is not intimidated by Israel’s targeted killing of top Iranian figures.”
Asked whether Iran’s foreign minister or president were on any sort of kill list, an Israeli military spokesperson, Nadav Shoshani, said on Friday he would not “speak about specific personnel.”
NIGHTLY RALLIES TO SHOW RESILIENCE
Despite widespread destruction, Tehran appears emboldened by surviving weeks of intense US-Israeli attacks, firing on Gulf countries hosting US troops and demonstrating its ability to effectively block the Strait of Hormuz.
On Wednesday, US President Donald Trump vowed more aggressive strikes on Iran, without offering a timeline for ending hostilities. Tehran responded by warning the United States and Israel that “more crushing, broader and more destructive” attacks were in store.
Encouraged by clerical rulers, supporters of the Islamic Republic take to the streets each night, filling public squares to show loyalty even as bombs rain down across the country.
Analysts say the establishment is also seeking to raise the “political and reputational” cost of the strikes at a time when civilian casualties are deeply disturbing for Iranians.
Omid Memarian, a senior Iran analyst at DAWN, a Washington-based think tank, said the decision to send officials into gatherings reflects a layered strategy, including an effort to sustain the morale of core supporters at a moment of acute pressure.
“The system relies heavily on this base; if its supporters withdraw from public space, its ability to project control and authority weakens significantly,” Memarian said.
Speaking to state television, some in the crowds voice unwavering loyalty to Iran’s leadership; others oppose the bombing of their country regardless of politics; and some have a stake in the system, including government employees, students and others whose livelihoods are tied to it.
Hadi Ghaemi, head of the New York-based Center for Human Rights in Iran, said the establishment is using such loyal crowds as human shields to raise the cost of any assassination attempts.
“By being in the middle of large crowds they have protections that would make Israeli-American attacks against them very bloody and generate sympathy worldwide,” he said.
POTENTIAL PROTESTERS STAY OFF STREETS AT NIGHT
The Islamic Republic emerged from a 1979 revolution backed by millions of Iranians. But decades of rule marked by corruption, repression and mismanagement have thinned that support, alienating many ordinary people.
While there has been little sign so far of anti-government protests that erupted in January and abated after a deadly crackdown, the establishment has adopted harsh measures – such as arrests, executions and large-scale deployment of security forces – to prevent any sparks of dissent.
Rights groups have warned about “rushed executions” during wartime after Iran hanged at least seven political prisoners during the war.
“Many potential protesters are frightened by the continuing presence of armed men and violent crowds in the streets and largely stay at home once darkness falls,” Ghaemi said.
Uncategorized
US Fighter Jet Shot Down Over Iran, Search Underway for Crew, US Officials Say
FILE PHOTO: A U.S. Air Force F-16 jet fighter takes off from an airbase during CRUZEX, a multinational air exercise hosted by the Brazilian Air Force, in Natal, Brazil November 21, 2018. REUTERS/Paulo Whitaker/File Photo
A US fighter jet has been shot down over Iran and a search-and-rescue operation is underway for any survivors, two US officials told Reuters on Friday, in the first such known incident since the war began nearly five weeks ago.
The Pentagon and US Central Command did not respond to requests for comment.
The prospect of US pilots being alive and on the run inside Iran raises the stakes for the United States in a conflict that has struggled to win popular support among Americans, according to opinion polls.
It also presents a challenge to the US military, which faces the twin goals of trying to save the lives of any surviving U.S. crew and safeguard whoever is involved in perilous rescue missions.
Iranian officials called on civilians to be on the lookout for survivors and have flooded social media with images that purport to show wreckage from the aircraft.
The governor of Kohgiluyeh and Boyer-Ahmad province said anyone who captured or killed the crew “would be specially commended,” Iran’s semi-official news agency ISNA reported.
The incident follows threats by US President Donald Trump to bomb the country back to the “Stone Age,” including to attack Iran’s energy infrastructure and desalination plants, as he presses Tehran to end the war on US terms.
So far, 13 US military service members have been killed in the conflict and more than 300 have been wounded, according to the US Central Command. No US troops have been taken prisoner by Iran.
While Trump has repeatedly sought to portray the Iranian military as defeated, Reuters has reported on US intelligence showing Iran retains large amounts of missile and drone capability.
As of last week, the United States could only determine with certainty that it has destroyed about a third of Iran’s missile arsenal. The status of around another third was less clear but bombings likely damaged, destroyed or buried those missiles in underground tunnels and bunkers, Reuters’ sources said.
Uncategorized
Trump: US ‘Hasn’t Even Started Destroying What’s Left in Iran’
US President Donald Trump speaks on the day he honors reigning Major League Soccer (MLS) champion Inter Miami CF players and team officials with an event in the East Room of the White House in Washington, DC, US, March 5, 2026. Photo: REUTERS/Jonathan Ernst
i24 News – US President Donald Trump said Israel will halt its military campaign against Iran when he decides to end the war, while also signaling in recent conflicting statements that US strikes on Iranian targets could intensify.
Trump emphasized coordination with Israel, stating, “They’ll do what I tell them… They’ve been a good team player. They’ll stop when I stop. They’ll stop unless they’re provoked.”
At the same time, Trump indicated that the US has not yet fully escalated its military campaign. In a statement on Truth Social on Friday, he said, “Our military… hasn’t even started destroying what’s left in Iran. Bridges next, then electric power plants!” He added that Iran’s new leadership “knows what has to be done and has to be done FAST.”
According to a TIME report, Trump is weighing how to balance further military action with growing domestic pressure. Advisers warned him that public support for the war is declining as fuel prices rise and economic concerns mount in the United States.
The conflict has had global implications, particularly through disruptions in the Strait of Hormuz, a key route for oil shipments. The report notes that prolonged instability in the waterway could deepen economic strain and impact global markets.
At the same time, the administration has highlighted military achievements while acknowledging uncertainty over how to achieve broader goals such as limiting Iran’s long-term capabilities. Trump has expressed interest in ending the war but also in ensuring what he views as a decisive outcome.
The report indicates that the US is pursuing multiple options, with Trump seeking a way to conclude the conflict while maintaining pressure on Iran through continued or expanded strikes.