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Interesting Times with Ross Douthat

Best of: Does the Supreme Court Need More Justices?

Interesting Times with Ross Douthat

New York Times Opinion

New York Times, Journalism, News, Society & Culture, Ross Douthat

4.07.2K Ratings

🗓️ 31 August 2022

⏱️ 43 minutes

🧾️ Download transcript

Summary

Today, we're re-airing one of our most timely debates from earlier this year: Reforming the Supreme Court. This episode originally aired before the Dobbs decision was released this summer. 2022 is a big year for supporters of Supreme Court reform. Roe v. Wade, the landmark case that gave women nationwide the right to have abortions, has been overturned, and the debate around changing the way we structure the bench — in particular, packing the court — is getting only more heated. The past decade has brought a shift in the makeup of the court — from Brett Kavanaugh, appointed despite sexual assault allegations, to Merrick Garland, blocked from confirmation, and Amy Coney Barrett, rushed to confirmation. It’s the culmination of decades of effort by Republicans to make the courts more conservative. And now Democrats want to push back by introducing some radical changes. Today, Jane Coaston brings together two guests who disagree on whether altering Supreme Court practices is the right call and, if yes, what kind of changes would make sense for the highest judicial body in the nation. Russ Feingold is the president of the American Constitution Society and was a Democratic senator from Wisconsin from 1993 to 2011. Russ Miller is an attorney and law professor at Washington and Lee and the head of the Max Planck Law Network in Germany. Mentioned in this episode: “Americans No Longer Have Faith in the U.S. Supreme Court. That Has Justices Worried,” by Russ Feingold in The Guardian, published in October 2021. “We Don’t Need to Reform the Supreme Court,” by Russ Miller in Just Security, published in February 2021. “The Future of Supreme Court Reform,” by Daniel Epps and Ganesh Sitaraman in Harvard Law Review, published in May 2021.

Transcript

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0:00.0

Hi, argument listeners. It's Jane Kostin. I'm on vacation, but unfortunately the new cycle is relentless.

0:06.0

So I wanted to share an episode from our archives, I think, might be relevant right now, on a topic that's going to be an important player in our political wars.

0:13.0

Today's Supreme Court is the most conservative it's been in 90 years. Since we recorded this episode in January, the bench has overturned Roe vs. Wade.

0:22.0

And with the upcoming term in October, the court will also rule on ending affirmative action and giving more power to state legislatures to oversee elections.

0:30.0

The court is moving to the right, and so liberals want to take action before other rights like same-sex marriage come into question.

0:36.0

So here's my conversation on the problem of Supreme Court polarization.

0:42.0

Today on the argument, is it time to reform the Supreme Court?

0:46.0

Ever since Senate Republicans blocked Mayor Garland Supreme Court nomination in 2016, there has been a lot of conversation about whether the nation's highest court is becoming too partisan in favor of conservatives.

1:00.0

Or even what that would mean for the court to become too partisan.

1:04.0

Right now, the court's approval rating is sitting at a two-decade low. Granted, I'm not sure how much I want the Supreme Court of the United States to be thinking about their polling.

1:13.0

Because what would they do about it?

1:17.0

And with big cases in front of the justices right now, like the one that would overturn Roe vs. Wade, a lot of liberals are asking if the time has come to take more drastic steps to rebalance the Supreme Court.

1:28.0

Even President Biden is waiting into the court reform waters.

1:32.0

Last year, he formed a bipartisan commission to take a look at some of the proposals.

1:36.0

Like Court expansion, also known as court packing, you might remember that from APU's history.

1:42.0

Or setting term limits so the justices don't stay on the bench forever. Or requiring the justices to abide by ethics rules.

1:49.0

Because, fun fact, right now they don't have any.

1:52.0

But the big question for that commission, and for me, then for a lot of people, is, once you start reforming the Supreme Court, where do you stop?

2:00.0

I'm Jane Kostin, and honestly, I don't have a strong opinion on whether Major Court Reform is a good idea or not.

2:09.0

So I want my guests today to try and convince me. They come down on very different sides of this question.

2:15.0

But there's one big and possibly confusing thing they do agree on.

2:20.0

Very enjoyable that both of us are named Russ, even though we take different views.

...

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