Is There a Supreme Court Legitimacy Crisis?

We the People

National Constitution Center

News, News Commentary, History

4.6 • 1.1K Ratings

🗓️ 18 October 2018

⏱️ 58 minutes

🔗️ Recording | iTunes | RSS

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Summary

In the aftermath of Justice Brett Kavanaugh’s confirmation, debates about the Supreme Court’s legitimacy remain in the public spotlight. Some believe that the Kavanaugh confirmation caused a legitimacy crisis that can only be solved by reform proposals such as court packing and term limits for justices, while others believe the Court has maintained its legitimacy and is still a neutral arbiter of the law. Is the Supreme Court really having a legitimacy crisis? Host Jeffrey Rosen discusses that question and the future of the Court with two constitutional scholars from opposing sides of the Kavanaugh debate – Professor Jennifer Mascott, who testified on Justice Kavanaugh’s behalf at his confirmation hearings, and Professor Melissa Murray, who testified against his nomination.

Transcript

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0:00.0	I'm Jeffrey Rosen, president and CEO of the National Constitution Center and welcome to
0:11.0	We The People, a weekly show of constitutional debate.
0:14.0	The National Constitution Center is a nonpartisan nonprofit
0:18.0	chartered by Congress to increase awareness and understanding of the Constitution
0:22.0	among the American people.
0:25.4	In the aftermath of the confirmation of Justice Brett Kavanaugh, voices on the right and the left
0:31.3	are asking an important question,
0:33.6	is there a legitimacy crisis at the US Supreme Court?
0:36.9	And if so, what can we do about it?
0:40.1	Justices Kagan and Sotomayor recently talked about the importance of the Supreme Court maintaining its
0:46.2	non-partisan legitimacy and Chief Justice John Roberts added his voice to that important debate,
0:51.6	emphasizing the crucial importance that Americans maintain their faith in the court as an impartial arbiter of the rule of law.
0:59.4	Joining us to discuss whether there's a legitimacy crisis, if so what's causing it, and if so what can we do about it,
1:05.8	are two of America's leading scholars of the Constitution, and we're so honored to have both of them.
1:12.1	Jen mascot is assistant professor
1:14.1	at George Mason Antonin Scalia Law School.
1:18.1	Professor Masquet clerked for then Judge Kavanaugh
1:21.0	on the DC Circuit and testified on his behalf.
1:23.2	She is a frequent commentator on constitutional issues and previously clerk for justice.
1:28.1	Clarence Thomas, Professor mascot, thank you so much for joining.
1:31.4	Thank you for having me.
1:32.7	And Melissa Murray is professor at NYU Law School and she specializes in constitutional and
	...

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