4.9 • 676 Ratings
🗓️ 22 May 2025
⏱️ 67 minutes
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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 |
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