Making sense of an unpredictable year at the Supreme Court

We the People

National Constitution Center

History, News Commentary, News

4.6 • 1K Ratings

🗓️ 30 June 2016

⏱️ 45 minutes

🔗️ Recording | iTunes | RSS

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Summary

Carrie Severino of the Judicial Crisis Network and Michael Dorf of Cornell Law School explore the biggest cases and trends at the Supreme Court this year. Get the latest constitutional news, and continue the conversation, on our Facebook page and Twitter feed. We want to know what you think of the podcast! Email us at [email protected]. Please subscribe to We the People on iTunes. While you’re in the iTunes Store, leave us a rating and review; it helps other people discover what we do. Please also subscribe to Live at America’s Town Hall, featuring conversations and debates presented at the Center, across from Independence Hall in beautiful Philadelphia. We the People is a member of Slate’s Panoply network. Check out all of our sibling podcasts at iTunes.com/Panoply. Despite our congressional charter, the National Constitution Center is a private nonprofit; we receive little government support, and we rely on the generosity of people around the country who are inspired by our nonpartisan mission of constitutional debate and education. Please consider becoming a member to support our work, including this podcast. Visit constitutioncenter.org to learn more. This show was engineered by David Stotz and produced by Nicandro Iannacci. Research was provided by Josh Waimberg and Danieli Evans. The host of We the People is Jeffrey Rosen.

Transcript

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0:00.0	I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome to We the People, a weekly show of constitutional debate.
0:08.0	The National Constitution Center is the only institution in America charted by Congress to disseminate information about the
0:14.9	U.S. Constitution on a nonpartisan basis.
0:18.5	And on today's show, on the final day of an exciting and unpredictable Supreme Court term, we have a wrap up with two of
0:27.3	America's leading constitutional experts.
0:30.9	Carrie Severino is Chief Counsel and Policy Director of the Judicial Crisis Network.
0:35.0	Earlier this month, Carrie participated in a thrilling intelligence-square debate on presidential
0:40.0	power at the National Constitution Center, which you can watch at Constitution
0:43.6	Center.org. And Michael Dorff is the Robert S. Stevens Professor of Law
0:48.0	at Cornell Law School, a member of the National Constitution Center's Coalition
0:51.8	of Freedom Advisory Board
0:53.4	and a returning champion on We The People.
0:55.7	Carrie, Mike, thank you so much for being here.
0:57.8	Great to be here.
0:58.7	Good to be here.
0:59.6	Mike, let me start with you.
1:00.6	You clerked for justice Anthony Kennedy, who was not only a swing vote this term,
1:06.4	but in the eyes of some observers, a swing vote who swung left. The New York Times had a piece recently suggesting that this court was moving in a liberal direction and on issues
1:17.0	ranging from affirmative action to abortion, Justice Kennedy was accused by dissenters, at least in those cases, of shifting his votes.
1:27.2	Did he shift in affirmative action?
1:28.6	He certainly seemed to be more sympathetic to racial classifications than he had before, but abortion, perhaps you feel differently.
1:36.3	Tell us about Justice Kennedy and how his performance this term fits into his previous
	...

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