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Why Is This Happening? The Chris Hayes Podcast

The Most Conservative Supreme Court in Nearly a Century with Jamal Greene

Why Is This Happening? The Chris Hayes Podcast

NBCNews

News, Nbcnews, Why Is This Happening?, The Chris Hayes Podcast, Chris Hayes, Politics, Government, Society & Culture, Msnbc, Withpod

4.68.9K Ratings

🗓️ 12 July 2022

⏱️ 60 minutes

🧾️ Download transcript

Summary

The Supreme Court currently has a majority of conservative judges, and it’s the most conservative court since the New Deal Era. The Court made more conservative decisions this term than at any time since 1931, according to statistics compiled by professors Lee Epstein of Washington University in St. Louis and Keven Quinn of the University of Michigan. The recent decision to overturn Roe v. Wade has caused some to speculate that this may be the beginning of a movement to overturn other landmark liberal decisions like Obergfell v. Hodges. Jamal Greene is the Dwight Professor of Law at Columbia Law School and author of “How Rights Went Wrong: Why Our Obsession with Rights Is Tearing America Apart.” He joins WITHpod to discuss what methodology Supreme Court justices use to arrive at their decisions, whether there is political motivation, and just how strictly they interpret the Constitution.

Transcript

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0:00.0

I don't know that I'm especially optimistic that there is a way out from this court.

0:04.3

I think that a number of decisions that they're making, you know, dobs, the abortion case

0:08.1

being right at the front of the line, are going to have devastating tragic consequences

0:12.9

for people, for millions of people in America.

0:16.0

And I think there will be a reaction to that.

0:17.8

I don't know what the reaction will look like or what it can achieve, but I don't think

0:21.6

they'll get a free pass with the things that they're doing.

0:25.2

Hello, and welcome to Wise This Happening With Me, Your Host Chris Hayes.

0:37.5

We are doing a special, you know, newsier with Pod today because of the, I'm just going

0:44.6

to say cataclysm of the last Supreme Court term, the term that just concluded a few weeks

0:49.2

ago, which, you know, I've seen a lot of like non-hyperbolic legal scholars call it like

0:54.0

the most, either the worst or most momentous term, certainly in recent memory, you know,

1:00.1

possibly ever.

1:01.1

I've even seen some people say it was incredibly reactionary court and on a bunch of very

1:06.3

high profile matters of both statutory interpretation and constitutional law, incredibly ambitious, far

1:15.0

reaching upending of what had been the status quo ex antefe before the court.

1:21.1

The obvious example that is the overturning of Roe v. Wade after 50 years in a decision

1:25.6

that completely assured any opportunities at half steps, minimalism, incrementalism, respecting

1:32.3

the reliance interests of people who've come of age in a row in America.

1:36.9

Very quite explicitly said we're rejecting all of that.

1:39.2

We're not doing half steps.

1:40.4

We're not pairing here and there.

...

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