4.6 • 11K Ratings
🗓️ 5 July 2022
⏱️ 74 minutes
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| 0:00.0 | I'm as reclined, this is the Ezra Kuncho. |
| 0:22.7 | About 50 years ago, when Roe was first decided, the conservative legal movement was in a |
| 0:28.5 | utterly desperate place. |
| 0:30.2 | They were coming off decades of a liberal court that had reshaped, truly reshaped the country's |
| 0:35.8 | laws on race, abortion, sex, school prayer, and much more. |
| 0:40.8 | It was a legal revolution, and it created a conservative counter-revolution in the law, |
| 0:45.8 | one that has now taken power and is wielding it. |
| 0:51.3 | But something else happened in this period. |
| 0:53.4 | It isn't just the conservative legal thinking rose. |
| 0:57.1 | It's that liberal legal thinking fell, collapsed. |
| 1:02.3 | Depending on who you talk to, you will hear very different accounts here of what went wrong. |
| 1:07.0 | One version holds that liberals outsourced too much to the law and they abandoned politics. |
| 1:12.2 | Another is that liberals became legal institutionalists. |
| 1:15.3 | As they captured the heights of a legal profession, it captured them. |
| 1:19.3 | Their thinking became defensive. |
| 1:21.8 | Their thinking became small and cramped. |
| 1:24.5 | Professional. |
| 1:25.5 | A third is that liberals came to buy into the conservative critique of their own approach. |
| 1:31.9 | Liberal jurists don't believe in originalism exactly, mostly. |
| 1:36.6 | But they have believed in it. |
| 1:38.0 | At the very least, they took to heart the attack the right mounted on so-called activist judges |
| 1:44.2 | who read their own values into the Constitution. |
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