Democracy on Trial: Benjamin Wittes ’91 on the Courts, Presidential Power, and the Future of American Justice (Part 1)

26/11/2025 43 min

Listen "Democracy on Trial: Benjamin Wittes ’91 on the Courts, Presidential Power, and the Future of American Justice (Part 1)"

Episode Synopsis

American democracy is being tested in ways few could have imagined even a decade ago. The Supreme Court’s emergency docket, presidential power, the durability of the Justice Department, and the independence of our legal institutions are all under intense strain. To understand how we got here and what may come next, there are few voices more clear eyed than Benjamin Wittes, Oberlin Class of 1991.A senior fellow in Governance Studies at the Brookings Institution and co-founder and editor-in-chief of Lawfare, Wittes has spent his career at the intersection of law, national security, and public policy. His analysis has shaped our understanding of some of the most consequential legal questions of our time, from presidential immunity to the future of the federal courts.In this first of a two part conversation on Running to the Noise, Oberlin College President Carmen Twillie Ambar sits down with Wittes for a wide-ranging discussion about the Supreme Court’s seismic shifts, the behavior of the conservative majority, and the growing gap between emergency rulings and long-term judicial reasoning. Drawing on decades of work covering legal institutions, Wittes reflects on his path from Oberlin English major to one of the most influential court watchers in the country, revealing why the ability to read a text deeply may be the most important skill any legal analyst can have.Together, they explore the Court’s evolving relationship with presidential power, the risks posed by the current emergency docket, and the cultural and political forces reshaping public trust in the rule of law.This is not just a conversation about cases. It is a conversation about institutions, civic virtue, and the hard questions that determine whether democracy bends or breaks.What We Cover in This EpisodeHow an Oberlin English major became one of America’s most respected interpreters of the Supreme CourtWhy the current Supreme Court’s 6 to 3 conservative majority behaves so unpredictablyThe widening gap between emergency docket decisions and long-term judicial reasoningHow presidential power, administrative law, and the Court’s internal divisions are now collidingThe challenge of maintaining public faith in legal institutions during political polarizationWhy the future of democracy may depend less on new laws and more on civic cultureEpisode LinksLawfare: The national security and legal analysis publication co-founded by Benjamin Wittes.Brookings Institution: Governance Studies research where Benjamin Wittes serves as a senior fellow.Oyez Supreme Court Database: Case summaries and audio recordings for Supreme Court decisions referenced in discussions of precedent and judicial reasoning.United States Department of Justice: Context for institutional independence and the role of DOJ leadership.Wittes Wisdom: On Presidential Immunity: A Decision of Surpassing Recklessness in Dangerous TimesOn Brett Kavanaugh: 'I Wouldn't Confirm' Brett Kavanaugh, Says Law Scholar | Morning Joe | MSNBC

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