S8 Ep877: Political rhetoric increasingly targets the Supreme Court's legitimacy, moving away from historic "comity" toward venomous attacks on nominees, as seen in the treatment of Justice Brett Kavanaugh and recent term-limit legislative proposals. (3/16)
The John Batchelor Show
John Batchelor
4.5 • 2.8K Ratings
🗓️ 16 May 2026
⏱️ 15 minutes
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| 0:00.0 | I'm John Batchler. I welcome my good colleague, Professor Richard Epstein of the Civitas Institute. He teaches law at NYU and the University of Chicago to comment on a long-shot bill proposed by a Maryland Democrat recently. The bill puts limits on Supreme Court judges length of service. |
| 0:38.7 | The proposal for an 18-year term |
| 0:41.0 | limits |
| 0:42.1 | requires a constitutional amendment |
| 0:45.4 | and has virtually no chance |
| 0:47.0 | of becoming law, |
| 0:48.6 | writes Newsweek, |
| 0:50.6 | and forcing Justice Alito |
| 0:52.6 | to step down, |
| 0:53.7 | Clarence Thomas and John Roberts, all of whom have served more than two decades into retirement. |
| 0:58.7 | Okay, that's the present circumstance, but I welcome Richard to comment on something that I've been noticing for some time and puzzling about what's driving it. |
| 1:09.4 | That is, repeatedly denouncing the Supreme Court as illegitimate. |
| 1:14.9 | In fact, the minority leader of the House of Representatives, Mr. Jeffreys, recently used that very |
| 1:20.8 | word for the Supreme Court. This is a third branch of government, being mocked or derided by |
| 1:26.6 | the first branch of government. In between, of courseided by the first branch of government. |
| 1:28.6 | In between, of course, is the second, the presidency. |
| 1:31.9 | However, the Supreme Court is the one part of government that clearly means to stay out of |
| 1:37.5 | politics, and yet the Democrats are attacking. |
| 1:41.0 | So I thought to myself, wasn't part of the Warren Court of the 1950s and 60s, |
| 1:47.2 | that it was attacked routinely by conservatives across the country? At that time, there weren't |
| 1:53.4 | just conservative Republicans. They were also conservative Democrats. Richard, a very good evening |
| 1:58.4 | to you. Denouncing the court, is that just business as usual in |
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