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Defending Democracy with Marc Elias

The Supreme Court's Secret Plan to Reshape America | Professor Nikolas Bowie

Defending Democracy with Marc Elias

Democracy Docket

News, Politics

4.9702 Ratings

🗓️ 15 December 2025

⏱️ 42 minutes

🧾️ Download transcript

Summary

Harvard Law Professor Nicholas Bowie joins Marc Elias to unpack how the Supreme Court’s conservative majority is dismantling decades of voting rights, campaign finance law, and congressional authority. From the Voting Rights Act to campaign finance reform, from Reconstruction to modern-day “history and tradition” tests, this conversation explores why SCOTUS is no longer exercising judicial restraint—but judicial supremacy. Support independent journalism: https://newsletters.democracydocket.com/member-youtube Stay informed with the latest news and political analysis: https://newsletters.democracydocket.com/youtube Follow Democracy Docket: Bluesky: https://bsky.app/profile/democracydocket.com Instagram⁠: https://instagram.com/democracydocket Facebook⁠: https://facebook.com/democracydocket X/Twitter⁠: https://twitter.com/DemocracyDocket TikTok⁠: https://tiktok.com/@democracydocket Threads: https://www.threads.net/@democracydocket

Transcript

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0:00.0

For decades, the Supreme Court has quietly been rewriting the rules of American democracy.

0:05.2

And that unchecked power, well, it's reaching a breaking point.

0:08.9

I'm joined by Harvard Law Professor Nicholas Bowie.

0:11.9

He's a historian of democracy and one of the leading constitutional scholars in this country.

0:18.0

His work exposes how the modern court fueled by Republican long-term strategy

0:22.5

at a Federalist Society pipeline has been interpreting the Constitution to the detriment of American

0:28.7

voters and democracy. In this conversation, he explains how the court ended up with this power

0:33.3

and what we can all do to stand up to it and fight back. But first, subscribe to this channel

0:38.1

to stay informed about how you can defend democracy. Nicholas Bowie, welcome to defending

0:42.9

democracy. Thanks much for having me. You've caught me at a good time. I just finished arguing

0:48.0

a case in the U.S. Supreme Court involving campaign finance laws and Congress's ability to regulate.

0:57.6

And in addition to being a constitutional law scholar

1:00.8

and a professor, you also clerked on the US Supreme Court.

1:03.6

So I'm gonna start with sort of a question

1:07.5

that I've been asked a lot about and I'll ask you about. In the area of voting rights,

1:12.6

we are watching the Supreme Court perhaps at least considering throwing out, you know,

1:19.6

60 or 70 years of voting rights laws and precedent in the area of campaign finance.

1:28.3

I was defending a law that was put on the books in the mid-1970s.

1:33.3

We've seen this with a recent case argued involving the FTC, a precedent that I think goes back 90 years or close to 90 years,

1:42.3

involving independent agencies. Taking a step back with a broader lens,

1:46.2

what is the Supreme Court doing right now? Is it just dismantling the constitutional law that

1:53.2

we've all come to understand? Is there a rhyme or reason to it? Is the idea of stare decisis precedent?

...

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