meta_pixel
Tapesearch Logo
Log in
Divided Argument

Gorsuch Genie

Divided Argument

Will Baude & Dan Epps

Constitution, Constitutional Law, News, Law, Politics, Supreme Court, Government, Legal System, Supreme Court Of The United States, U.s. Supreme Court, Scotus, Supreme Court Justice

4.9676 Ratings

🗓️ 22 May 2025

⏱️ 67 minutes

🧾️ Download transcript

Summary

We're joined by NYU law professor Rachel Barkow to talk about her new book, "Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration." Listen to learn about five (or six) Supreme Court cases that arguably ignored the original meaning of the Constitution to enable our current policing and punishment practices. Along the way, a hypothetical genie offers Professor Barkow a very tough tradeoff.

Transcript

Click on a timestamp to play from that location

0:00.0

Oh, yay, oh, yay, oh, yay, oh, yeah.

0:03.4

The judicial power of the United States shall be vested in one Supreme Court.

0:08.1

Unless there is any more question, be able to find an argument in this case.

0:11.1

All persons having business before the Honorable, the Supreme Court of the United States are in honorous to give their attention.

0:19.5

Welcome to Divided Argument, an unscheduled, unap predictable Supreme Court podcast.

0:24.2

I'm Will Bode.

0:25.5

And I'm Dan Epps.

0:26.7

So today we're going a little bit off the beaten path and doing a special kind of episode.

0:31.5

We have occasionally done episodes to talk with friends of the show about books, and we're

0:36.4

going to do that today.

0:38.7

So we're joined by NYU Law Professor Rachel Barko, who's going to talk about her book, Justice Abandoned,

0:44.2

how the Supreme Court ignored the Constitution and enabled mass incarceration. And this is a book

0:49.9

that's really, really interesting, and I think a good fit for the show, given that it is about

0:55.5

the Supreme Court, and it's about criminal procedure, a bunch of cases that I teach. So Rachel,

1:00.0

thank you for joining us. Oh, thanks guys for having me. I really appreciate it. So I don't know where to

1:05.1

start. There's a lot of really interesting stuff in this book, but maybe we could just have you give us

1:09.4

the 30,000 foot overview, and then we can

1:12.8

kind of do a little bit more of a deep dive into different parts of the book? Yeah, sure. So,

1:17.0

you know, my usual take on mass incarceration and pathologies in criminal law and policy is to

1:24.2

focus on political actors and political dysfunction. That's kind of the bread and butter of what I do.

1:29.8

And my last book was all about that. And I had, you know, I felt like at the end of that book,

1:34.9

you got to give people solutions, or at least you have to gesture to them. And so as I was doing

...

Please login to see the full transcript.

Disclaimer: The podcast and artwork embedded on this page are from Will Baude & Dan Epps, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of Will Baude & Dan Epps and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.

Copyright © Tapesearch 2025.