EPISODE · Feb 7, 2026 · 52 MIN
ICE and the Constitution (in the Courts and on the Streets)
from Supreme Betrayal: How the Supreme Court and Constitutional Law Have Failed America · host Mark Tushnet, Louis Michael Seidman
After telling the semi-salacious story of the attempted assassination of Supreme Court Justice Stephen Field in 1889 we explore the implications of the Supreme Court case that dealt with the attempt for the possibility of state prosecutions of ICE and CBP officers for the killings of Renee Nicole Good and Alex Pretti. That leads us to a discussion of the costs and benefits of using the rhetoric of “unconstitutionality” in political protests against ICE, in which we elaborate on some of the disagreements between us that we introduced in earlier episodes.
What this episode covers
After telling the semi-salacious story of the attempted assassination of Supreme Court Justice Stephen Field in 1889 we explore the implications of the Supreme Court case that dealt with the attempt for the possibility of state prosecutions of ICE and CBP officers for the killings of Renee Nicole Good and Alex Pretti. That leads us to a discussion of the costs and benefits of using the rhetoric of “unconstitutionality” in political protests against ICE, in which we elaborate on some of the disagreements between us that we introduced in earlier episodes.
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ICE and the Constitution (in the Courts and on the Streets)
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