Note from Elie: The Supreme Court and the Rule of Five
The Counsel
Vox Media Podcast Network
4.7 • 861 Ratings
🗓️ 1 July 2022
⏱️ 8 minutes
🧾️ Download transcript
Summary
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| 0:31.5 | Hey everyone, Ellie here with my weekly note to the cafe community. |
| 0:35.4 | So much has happened in the last couple weeks. |
| 0:37.2 | Thank you for sticking with me and hopefully turning to this column for a little bit of insight |
| 0:41.5 | into all of it. |
| 0:42.9 | As always, keep sending your thoughts, questions, be appropriate to revisit |
| 1:11.2 | established case law. We've all seen this dance play out. The nominee tries to sound like she's |
| 1:16.5 | answering or answering enough without, of course, saying anything. The soon-to-be justice |
| 1:21.7 | recites some canned, vaguely legalistic sounding non-committal bite to get them through the moment. |
| 1:28.4 | Survive in advance, |
| 1:34.3 | right? For example, Justice Brett Kavanaugh said during his 2018 confirmation hearings that Roe v. Wade, quote, is important precedent of the Supreme Court that has been reaffirmed many |
| 1:39.5 | times, end quote, and that generally precedent should not be overturned unless it is, again, to quote |
| 1:45.3 | Kavanaugh, grievously wrong. Other justices have phrased it slightly differently over the years, |
| 1:50.7 | but they all landed in more or less the same spot. We must respect precedent, except when some |
| 1:55.8 | gauzy legal principle that only brilliant jurists can understand tells us that we must not. But here's the real |
| 2:02.3 | answer to the question about when the Supreme Court will overturn precedent. Whenever the hell five |
| 2:07.3 | justices feel like it. Or perhaps, to be generous, I'll phrase it this way, whenever five of them |
... |
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