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The Counsel

Note from Elie: The Supreme Court: Conservative Outcomes, Activist Means

The Counsel

Vox Media Podcast Network

News, Politics

4.7861 Ratings

🗓️ 14 July 2023

⏱️ 10 minutes

🧾️ Download transcript

Summary

Note From Elie is part of the free weekly CAFE Brief newsletter. Audio recordings of Elie’s Note are part of the CAFE Insider subscription. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Transcript

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0:00.0

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0:25.2

AIPC.

0:31.4

Hey everyone, Ellie here wishing you a very happy summer Friday. The legal news just never ends. But every once in a while,

0:39.6

I do start to notice a little bit of what I consider a trend. And I'm seeing one in some recent

0:45.4

court decisions that we've seen handed down by the Supreme Court and other federal courts

0:50.2

that I thought was worth commenting on here. So check it out. Thanks for listening as always.

0:55.1

And thanks for your thoughts, questions, and comments. Please keep sending them in to Letters atcafe.com.

1:21.4

Not all capital C conservative jurists are actually lowercase C conservative on the bench.

1:25.3

Now this discordant capitalization is, of course, intentional.

1:29.0

I'm going to use the capital C conservative here to refer to ideological orientation, small government, lower taxes, strong national defense, and the rest.

1:34.9

Of course, traditional notions of political conservatism have been subjugated momentarily by

1:40.3

whatever Donald Trump says. Witness, for example, the one-time party of law and order as it lashes

1:46.0

out against law enforcement and calls for pardons of January 6 rioters, hardly conservative bedrocks.

1:52.9

And herein, we'll use the lowercase conservative in the judicial sense.

1:58.1

Careful selection of cases, insistence on compliance with procedural formalities,

2:02.9

disposition on the narrowest possible grounds, minimalistic intrusion into other branches of

2:07.7

government, and the private affairs of the citizenry.

2:11.0

During its recent annual midsummer publishing of all the big decisions, the Supreme Court

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