4.2 • 7.2K Ratings
🗓️ 16 October 2025
⏱️ 64 minutes
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| 0:00.0 | From New York Times opinion, I'm Ross Douthan. |
| 0:05.3 | And this is interesting times. |
| 0:32.8 | Right now, there's a roster of cases before the Supreme Court that could reshape the entire Trump presidency and redefine executive power. |
| 0:41.2 | And my guest this week, Justice Amy Coney-Barratt, is likely to be the decisive vote in some of those cases. |
| 0:50.4 | Unfortunately, but predictably, that means that she couldn't or wouldn't respond to my most direct questions about the Trump administration. |
| 0:59.2 | But my goal was to push the justice on a question that she can answer, one that she addresses at length in her new book, listening to the law. |
| 1:09.8 | I wanted to know whether her preferred legal theory, originalism, can bend and flex in response to prudential and political concerns. Barrett argues strongly that it shouldn't, |
| 1:13.9 | that justices should rule without worrying about public opinion or who happens to be in the White |
| 1:19.3 | House. But I tend to think that real-world politics constantly tests and limits that ideal. |
| 1:27.0 | So in our conversation, I'm trying to find those limits, and the ways in which even |
| 1:32.2 | justices devoted to the original meaning of the Constitution have to deal with the highly |
| 1:37.6 | unusual pressures of right now. |
| 1:42.3 | Justice Barrett, welcome to interesting times. Thank you for having me, Ross. I honestly would |
| 1:49.0 | never have said no. I have to be honest. So, your book is mostly about, and we're mostly going to talk about |
| 1:57.7 | theories of jurisprudence, the place of the Supreme Court in American |
| 2:02.3 | life, possibly some issues related to the Trump presidency and executive power. But it does start |
| 2:09.2 | with a little window into the personal world of Amy Coney Barrett. So I'm going to start with |
| 2:16.1 | a couple of questions about that terrain. |
| 2:19.8 | We looked it up and you are the first guest we've had on the show who has more children than I do, |
| 2:26.1 | which is only because we haven't yet succeeded in booking Elon Musk, I should say. |
| 2:32.7 | There's still time for you to catch up with me, Ross. That's a bold statement, |
| 2:38.1 | and I appreciate your confidence in my youthful energy and vigor. So when you were being nominated, |
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