UnCommon Law

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mschwartz@bloombergindustry.com

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When Judges Stop Believing the Government

August 12, 2026

Federal courts run on a quiet assumption: when the government speaks, it's telling the truth. Over the past two episodes of UnCommon Law, we've watched longstanding norms between the White House and the Justice Department erode. Now we turn to the judges. Over the next two episodes, we'll look at how the courts are responding to Justice Department attempts to carry out the president’s agenda — the questions judges ask, the deference they typically give, and what happens when some judges begi...

SPECIAL: Justice Stephen Breyer on Trump, the Rule of Law, and Whether the Supreme Court is Political

July 01, 2026

In this special episode of UnCommon Law, former Supreme Court Justice Stephen Breyer sits down with Bloomberg Law's Matthew S. Schwartz to discuss the Court, executive power, Dobbs, judicial independence, and the rule of law. Reflecting on nearly three decades on the bench — and the perennial question of whether politics shapes when justices choose to retire — he explains how justices make decisions, and why preserving public trust in the Supreme Court and the Constitution is essential, even ...

How the DOJ Decides Who Gets Charged and Who Doesn't in America

June 18, 2026

How does the Justice Department decide who gets charged with a crime and who doesn't? In the post-Watergate era, the Justice Department developed policies and institutional safeguards intended to separate political considerations from prosecutorial decisions: typically career attorneys delve into the law and investigate the facts, evaluate the evidence needed to secure a conviction, and recommend whether a case should move forward. However, Trump administration critics say that process is u...