Here is video of the 2026 Supreme Court Review: Key Decisions, Executive Power, Civil Discourse, sponsored by the National Constitution Center and the Center on the Structural Constitution at Texas A&M University School of Law.
I spoke on the final panel, Civil Discourse and the Supreme Court, along with Jonathan Adler (Wm & Mary), Catherine Mims Crocker (Cornell), and former SG Greg Garre. It was a fun discussion.
I neglected to make an additional point (had it in my notes, forgot to bring it up in the moment): In the TPS discussion, Justice Alito argued that President Trump’s unspecified statements about Haiti and Haitians did not demonstrate racist intent; instead they exemplified how “[p]olitical discourse by prominent public figures is increasingly couched in terms that would have scandalized the public just a short time ago.” If that is how the Court describes civil discourse about the President, it does seem odd (and a bit of chutzpah) for the Court to worry about civil discourse in and around itself.