Todd Blanche Blew Up His Own Case Against The SPLC (w/ Andrew Weissmann)
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In this episode of The Bulwark, host Sarah Longwell is joined by Andrew Weissmann to discuss the fallout from the Supreme Court's recent decision in Louisiana v. Calais, which significantly weakened protections under the Voting Rights Act. Weissmann argues that the Court's decision to fast-track the ruling—allowing states to redraw congressional maps before the midterms—reveals deep partisan hypocrisy, especially given how states previously resisted last-minute redistricting. He criticizes the Court for acting as a political actor, claiming its assertion of a 'post-racial era' is absurd amid rising racialized rhetoric and policies. The conversation then shifts to potential reforms, including court expansion, term limits, and professionalizing judicial nominations, though Weissmann ultimately opposes expanding the Court, favoring structural changes like term limits and nonpartisan selection processes. The discussion also covers the reauthorization of FISA, particularly Section 702, which allows surveillance of non-U.S. persons overseas without a warrant. Weissmann explains the legal and privacy concerns around this tool, especially its potential to sweep in U.S. persons due to flawed targeting mechanisms, while emphasizing the need for reform without dismantling essential national security capabilities.
The Supreme Court's fast-tracking of the Louisiana v. Calais decision enables partisan redistricting before the midterms, undermining democratic norms.
Weissmann condemns the Court's claim of a 'post-racial era' as disconnected from reality, especially given current political rhetoric and policies.
He advocates for structural reforms like judicial term limits and nonpartisan nomination processes over court expansion.
Section 702 of FISA enables warrantless surveillance of non-U.S. persons overseas but risks collecting data on U.S. persons due to flawed targeting.
Reform of intelligence tools like FISA should preserve national security while strengthening privacy and oversight.
Opening Banter and Acronym Culture in Washington
Sarah Longwell and Andrew Weissmann open the episode with lighthearted banter about recent guests and book signings, using humor to highlight the absurdity of Washington's over-reliance on acronyms. Weissmann shares anecdotes from his time at the FBI, illustrating how acronyms like 'ABP' (a coffee shop) are used to obscure meaning and maintain insider status.
Supreme Court Fast-Tracked Redistricting: A Partisan Power Play
“It's like George Orwell has to be rolling in his grave because it is so much talking about newspeak that we started with. This is war is peace, freedom is slavery.”
The Myth of a Post-Racial Era and Democratic Erosion
“At a time when we have the most overtly racist precedent that I have been alive to witness... to have this Supreme Court say, oh, we're past all that and we need to rush through the change in state election laws before the midterms is, I mean, to me, the Supreme Court has turned itself into just a Mickey Mouse court.”
Reforming the Supreme Court: Term Limits and Nonpartisan Selection
“You could have a system where the appointments process and sort of nomination process is through professionals, where you have people who are skilled and knowledgeable, and you can have a system which... the people being nominated may not be people you agree with politically, but they are qualified and they are not hacks.”
FISA Reauthorization and the 702 Surveillance Controversy
Weissmann explains Section 702 of FISA, which allows warrantless surveillance of non-U.S. persons overseas. He highlights the risks of incidental collection of U.S. persons' data and calls for reforms that balance national security with civil liberties, emphasizing that the tool is indispensable but needs oversight.
“At a time when we have the most overtly racist precedent that I have been alive to witness... to have this Supreme Court say, oh, we're past all that and we need to rush through the change in state election laws before the midterms is, I mean, to me, the Supreme Court has turned itself into just a Mickey Mouse court.”
“It's like George Orwell has to be rolling in his grave because it is so much talking about newspeak that we started with. This is war is peace, freedom is slavery.”
“You could have a system where the appointments process and sort of nomination process is through professionals, where you have people who are skilled and knowledgeable, and you can have a system which... the people being nominated may not be people you agree with politically, but they are qualified and they are not hacks.”
Host
Guest
Supreme Court
organization
Andrew Weissmann
person
Sarah Longwell
person
FISA
other
Louisiana v. Calais
other
Section 702
other
Kate Shaw
person
Robert Mueller
person
Justice Alito
person
The Bulwark
organization
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