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Slate News

The Candidates and the Court

Slate News

Slate Podcasts

News Commentary, Politics, News

4.56K Ratings

🗓️ 6 February 2016

⏱️ 26 minutes

🧾️ Download transcript

Summary

On this episode, Dahlia asks why the Supreme Court has been almost absent as a campaign issue, despite the fact that the next president could have the opportunity to reshape the Court’s bench.  She is joined by UC-Irvine law professor Erwin Chemerinsky.

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Transcript

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0:00.0

Hi and welcome to Amicus, Slate Supreme Court podcast. I'm Dahlia Lithwick. I cover the courts for Slate.

0:13.0

This week, as the court is on its long winter break, we thought we'd turn to another kind of current events.

0:18.3

And as some of you have pointed out in your letters, there is,

0:21.2

in fact, a presidential election upon us. The Iowa caucuses are just behind us. And as you probably

0:27.2

know, one of the lasting legacies of most presidencies will be the impact that that presidency has on

0:33.0

the Supreme Court. And so this week, we thought we turned to the topic of the Supreme Court

0:37.1

and the 2016

0:37.8

election. It's the first installment in a two-part series we're going to be doing this campaign

0:42.6

season about how the election might shape the court in the future. This week, to look at that

0:47.5

question from the political left, we have as our guest, one of my favorite court watchers,

0:51.8

Erwin Chemerinsky, current and founding dean of UC Irvine's School of Law.

0:56.6

Irwin is one of the most cited and most prolific law professors in the country.

1:00.7

He's published over 200 law review articles, and he's argued several important cases at the High Court.

1:06.0

And one of the few people I know who speaks in flawless outline form.

1:11.1

So, Erwin, welcome to Amicus.

1:14.2

It is a delight to have you here.

1:16.2

Oh, it's my great pleasure and thank you so much for the sweet introduction.

1:20.0

So, Erwin, let's first of all just put some facts on the table and then you react.

1:24.1

We have three justices, Ruth Bader Ginsburg, Antonin Scalia, Anthony Kennedy,

1:28.0

who will be 80 or over by election day. Stephen Breyer will be 78. And the average retirement age

1:35.2

for a justice is, I'm told, about 77. So this is a really significantly aged court, right?

1:43.4

This is a big, big election. Your statistics are right. Let me just

...

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