Conversations with Bill Kristol
Jul 9, 2026 · 1 hr 3 min · 14 segments
A year and a half into the second Trump administration, is the Supreme Court meeting the moment? What are the broader implications of recent Court decisions and the conduct of lower courts? What might…
Brian GoodmanGuest
Bill KristolHost
I guess to me, the biggest question is whether or not the Supreme Court, a majority of justices, let's put it that way, understand the moment we're in and are ready to meet it.
And by that, I mean, they recognize we're dealing with a rogue administration that's engaging in I think it's just fair to say radical lawlessness, radical lawlessness.
And do they understand that that's not just the kind of crisis that we're in, but it's also a crisis for the courts in the sense of the radical lawlessness includes not just – engaging in policies that are unconstitutional in the rest of it, but actually engaging in actions towards the court that very much threatens the checks and balances.
And to me, that was one of the biggest open questions as to whether or not the majority of this court would signal that they're aware of and are willing to meet an extraordinary situation with extraordinary responses to it.
because of your position there, you know, as a law professor, kind of cautious and using terms like radical lawlessness, more cautious than I am.
That's my standard of caution, you know? And so I'm struck that you say it, and obviously you've thought this through, and I've seen you argue it in print and elsewhere.
I'm just sort of, what's the evidence against someone who says, oh, well, look, you don't agree with some of it, and I wouldn't do some of the things they're doing, but it's not quite as thoroughgoing or as extreme as you say.
I have tried to be as cautious and measured in my assessments of what's actually going on and like where are we in any trajectory toward a kind of constitutional crisis, the greatest of which might be in part reflected in Trump administration defiance of the Supreme Court itself, let's say.
I guess to me, the biggest question is whether or not the Supreme Court, a majority of justices, let's put it that way, understand the moment we're in and are ready to meet it.
And by that, I mean, they recognize we're dealing with a rogue administration that's engaging in I think it's just fair to say radical lawlessness, radical lawlessness.
And do they understand that that's not just the kind of crisis that we're in, but it's also a crisis for the courts in the sense of the radical lawlessness includes not just – engaging in policies that are unconstitutional in the rest of it, but actually engaging in actions towards the court that very much threatens the checks and balances.
And to me, that was one of the biggest open questions as to whether or not the majority of this court would signal that they're aware of and are willing to meet an extraordinary situation with extraordinary responses to it.
because of your position there, you know, as a law professor, kind of cautious and using terms like radical lawlessness, more cautious than I am.
That's my standard of caution, you know? And so I'm struck that you say it, and obviously you've thought this through, and I've seen you argue it in print and elsewhere.
I'm just sort of, what's the evidence against someone who says, oh, well, look, you don't agree with some of it, and I wouldn't do some of the things they're doing, but it's not quite as thoroughgoing or as extreme as you say.
I have tried to be as cautious and measured in my assessments of what's actually going on and like where are we in any trajectory toward a kind of constitutional crisis, the greatest of which might be in part reflected in Trump administration defiance of the Supreme Court itself, let's say.
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