“Leave aside the cruelty of not giving these funds out,” Andrew says, reflecting on the SNAP benefits case now before the Supreme Court. “What does it say that we're not prioritizing hunger as an issue?” Then, Mary brings listeners up to speed on the dizzying chain of events since Friday and where the SNAP case stands, even as the Senate and House appear to be moving towards reopening the government. And in honoring Veterans Day, Mary and Andrew dig into several issues affecting service members, including the latest filing in Trump v Illinois, and how to think about the term "regular forces", plus Judge Immergut’s final order prohibiting the National Guard deployment in Portland. And finally, Just Security’s co-editor in chief, Tess Bridgeman, joins to analyze what the law says— and doesn’t say-- about blowing up boats in international waters without a clear justification or congressional authorization.

Further reading:

• Judge Wolf’s piece in The Atlantic: Why I Am Resigning. A federal judge explains his reasoning for leaving the bench.
• Just Security’s collection of information around the boat strikes: Collection: U.S. Lethal Strikes on Suspected Drug Traffickers

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The Supreme Court’s landmark decision granting presidential immunity for official acts has reverberated in unprecedented ways since its issuance. One consequence, as Mary and Andrew note in their recent New York Times essay, is that rather than “preventing the weaponization of prosecutions, the court has unleashed it.” The co-hosts begin here, offering insights into the ongoing prosecutions of James Comey, Letitia James and the suspension of two assistant U.S. attorneys in DC. Next, they move to some updates on the National Guard domestic deployments, as several cases wind their way through the courts. And rounding out this episode, Mary and Andrew turn to the litigation around SNAP benefits and preview Wednesday’s tariff argument before the Supreme Court.

Further Reading:

• Here is Mary and Andrews’ New York Times Essay: How the Supreme Court Paved the Way for Revenge Prosecutions
• And as Mary and Andrew discussed, note the difference between the government's first Sentencing Memorandum in the Taylor Franklin Taranto case compared with the second Sentencing Memo.

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The bulldozing of the East Wing of the White House late last week was shocking to much of the nation, Mary and Andrew included. They begin there with concerns, not only about preserving its rich history, but the ethical and legal questions that arise from the president using private donations to fund this ballroom build, and how the Anti-Deficiency Act might apply. Next, an update on National Guard deployments in the California case and the 9th Circuit’s issue of a temporary stay in Portland as they consider an en banc review. And last up, the boat strikes keep coming in the Caribbean -- and now in the Pacific, as the president continues to escalate tensions. Mary and Andrew address the thorny legal issues at play when the U.S. military kills suspected traffickers in international waters.

A note to listeners: Since this episode was recorded, Defense Secretary Pete Hegseth announced another set of boat strikes in the Pacific ocean that killed 14 people.

Further reading: Here is the Letter from several Democratic Senators raising concerns about donations to the ballroom that Mary and Andrew spoke about.

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