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Talking Feds

Courting Disaster

Talking Feds

Harry Litman

Government, News, Politics

4.84.5K Ratings

🗓️ 4 October 2021

⏱️ 52 minutes

🧾️ Download transcript

Summary

The Supreme Court starts its annual term this week at a hugely fraught moment for the court and the country, and with public confidence in the court’s integrity near a historic low. This is the term when the new majority must lay its cards down in a series of blockbuster cases and reveal where they are willing to take the country. Three great experts--Emily Bazelon, Jen Rubin, and Steve Vladeck-- join Harry to break down the law and politics of this extraordinary moment in the court’s history. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

Talking Feds is sponsored by our friends at Total Wine and More,

0:03.6

rewarding curious connoisseurs with a wondrous selection of wine, spirits, and beers.

0:09.5

The catchy and sinister term shadow docket has been used to portray the court as having been

0:17.2

captured by a dangerous cabal that resorts to sneaky and improper methods to get its ways.

0:23.6

And this portrayal feeds unprecedented efforts to intimidate the court or damage it as an independent institution.

0:41.2

Welcome to Talking Feds, a round table that brings together prominent figures from government law

0:46.6

and journalism for a dynamic discussion of the most important topics of the day. I'm Harry

0:51.8

Lentman. The Supreme Court starts its annual term this week at an extraordinarily fraught moment

0:57.5

for the court and the country. In any year, the cases that the court has agreed to decide would

1:02.8

put it in the eye of the hurricane. It will be hearing disputes about the separation of church and

1:08.0

state, gun control, national security, and for good measure, the most portentious abortion case

1:14.8

or perhaps any case that it has heard in decades. The court embarks on this blockbuster term

1:20.5

with public opinion and near a critical all-time low through some combination of the tempestuous

1:27.1

confirmations of its newest three members and its own performance in the first full term with

1:33.2

a dominant hard right majority. The justice has plainly been stung by the sharp criticism and we

1:39.2

have had in recent weeks the remarkable display of a public relations pushback by several members

1:45.3

of the court. And the cauldron of controversy is fired up all the more by the ongoing political

1:51.1

divide that continues to royal our political life and makes it for example the case that a majority

1:57.8

of Republicans continue to believe that the 2020 election was stolen. The new court has not had

2:04.3

occasion to fully define itself. This is the term when the five must lay their cards down and show

2:10.4

the American people who they are as a court and where they are willing to take the country.

2:15.6

And while the hard right majority can work its will as it chooses in individual cases,

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