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Death Panel

Disability and the Ongoing Federalism Revolution w/ Karen Tani and Katie Eyer

Death Panel

Death Panel

News

4.8588 Ratings

🗓️ 28 May 2026

⏱️ 86 minutes

🧾️ Download transcript

Summary

This episode was originally released May 6th, 2024 for Death Panel patrons. To support the show and help make episodes like this one possible, become a patron at www.patreon.com/deathpanelpod Beatrice and Phil speak with legal scholars Karen Tani and Katie Eyer about how the Supreme Court used cases related to disability and deinstitutionalization in the 1970s and 1980s as an opportunity to remake and expand its own powers, the role that these cases had in securing conservatives’ “New Federalism” revolution, and how disability cases continue to be a site of conservative judicial advancement today. We're testing out a new Bookshop.org page (still under construction), where you can find books by past guests and book recommendations from the hosts. Find it here: bookshop.org/shop/deathpanel Show links: Get Health Communism here: bookshop.org/a/118130/9781839765179 Find Tracy's book Abolish Rent here: bookshop.org/a/118130/9798888902523

Transcript

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0:00.0

The

0:07.0

The Welcome to the death panel.

0:34.0

Patrons, thank you so much for supporting the show.

0:37.2

We couldn't do any of this

0:38.4

without you. To help us out a little bit more, share the show with your friends, hold reading or

0:43.5

discussion groups, post about your favorite episodes, pick up copies of health communism and a short

0:48.9

history of trans misogyny at your local bookstore or request them at your local library

0:53.6

and follow us at

0:55.1

debt panel underscore.

0:56.9

I'm Beatrice Adler Bolton and I am here today with my co-host, Phil Rocco.

1:00.8

Hey.

1:01.4

And the two of us are really excited to be joined by law scholars Karen Tani and Katie Iyer

1:07.7

to talk about their recent co-authored article published in the Yale Law Journal

1:12.1

called Disability and the ongoing Federalism Revolution, which is a groundbreaking look at a

1:17.8

previously under-examined or, well, frankly, under-recognized role that major court cases on disability

1:25.1

civil rights have played in shaping and enabling the contemporary

1:28.9

conservative moment, and the legal arguments conservatives have pursued to attack everything

1:33.8

from worker protections for COVID, abortion, trans care, environmental policy, you name it.

1:39.8

More specifically, the article explores the role that court cases involving disability played in laying

1:45.1

the groundwork for a concept known as New Federalism.

1:48.7

New federalism is a political philosophy that in many ways is at the core of the contemporary

1:52.8

conservative movement, whose focus is characterized by a no-holds-barred fight to restore power

...

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