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The Counsel

Note from Rachel 4/9: Rethinking Precedent

The Counsel

Some Spider, Inc.

Politics, News

4.6848 Ratings

🗓️ 9 April 2025

⏱️ 8 minutes

🧾️ Download transcript

Summary

Rachel Barkow is the Charles Seligson Professor of Law at NYU School of Law and the Faculty Director of the Zimroth Center on the Administration of Criminal Law at NYU. From 2013 to 2019, she served as a Member of the United States Sentencing Commission. From 2010 to 2020, she was a member of the Manhattan District Attorney’s Office Conviction Integrity Policy Advisory Panel and co-chaired Manhattan District Attorney Alvin Bragg’s transition committee on police accountability in 2021. She is also amongst the most cited legal scholars of all time.  For a transcript of Rachel’s note and the full archive of contributor notes, head to CAFE.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Transcript

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0:00.0

Thumbtack presents the ins and outs of caring for your home.

0:04.0

Out. Uncertainty. Self-doubt.

0:08.0

Stressing about not knowing where to start.

0:11.0

In. Plans and guides that make it easy to get home projects done.

0:16.0

Out. Word art. Sorry, we have laugh lovers. In. Knowing knowing what to do when to do it and who to hire start caring

0:27.1

for your home with confidence download thumbtack today hey folks rachel here here's a recording of my latest Cafe Note, Rethinking Precedent.

0:40.6

As always, please write to us with your thoughts and questions at letters atcafe.com.

0:50.9

Dear listener, President Trump's dismissal of independent agency heads continues at a blistering pace.

0:58.1

He removed Gwynne Wilcox, a member of the National Labor Relations Board in January shortly after taking office.

1:04.6

In February, he removed a member of the Merit Systems Protection Board, which is charged with protecting federal workers

1:11.3

against partisan interference, leaving that body without a quorum. Last month, he removed the two

1:17.2

Democratic members of the Federal Trade Commission. Cases challenging these removals are making

1:22.3

their way through the lower courts. You might be wondering why Trump is confidently firing these people when existing

1:29.3

statutes not only protect them from removal, but also have the imprimatur of a venerable

1:34.6

Supreme Court ruling that has been on the books since 1935. Trump is betting that the Supreme

1:41.2

Court will ultimately overturn that precedent because the current

1:44.7

court's faithful adherence to cases on the books, known as Stari Decis, is comparable to Robert

1:50.7

F. Kennedy Jr.'s faithful adherence to science. The court's dismissal of a half-century of abortion

1:56.7

rights when it overruled Roe v. Wade received the most attention, but it is not the only example

2:02.5

of the court's willingness to reconsider its cases, no matter how longstanding or consequential.

2:08.4

The court upended the framework it established four decades ago for reviewing decisions by government

2:14.1

agencies, fundamentally altered labor law by overturning on First Amendment grounds,

...

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