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Bad Faith

[UNLOCKED] Episode 88 - Cancel [The Supreme] Court

Bad Faith

Bad Faith

News, Comedy, Politics

4.52.8K Ratings

🗓️ 5 May 2022

⏱️ 102 minutes

🧾️ Download transcript

Summary

Given how salient this conversation is to the leaked Supreme Court decision draft that would overturn Roe v. Wade, we're unlocking this episode. Do you agree with Professor Bowie that we should weaken the courts? Or does a direct democracy scare you?

Subscribe to Bad Faith on Patreon to instantly unlock our full premium episode library: http://patreon.com/badfaithpodcast

Last summer, the country was engaged in a robust conversation about how Democrats could reform the court to compensate for the last 40 years of conservative judicial dominance which culminated in the confirmation of Brett Kavanaugh. But Biden punted on the question of court reform, vowing to host a commission on the subject instead. Well, the commission happened last week, and while it was mostly theatre, the question of court reform remains an important one. This week, we brought two ideologically diverse law professors who testified on the Biden commission together to discuss their preferred approaches to court reform, along with friend of the show Eric Segall, Ashe Family Chair Professor of Law at Georgia State; Niko Bowie, Assistant Professor at Harvard Law; and Ilan Wurman, associate professor at Arizona state join us for a spirited debate about how to improve the court, whether we should even have a constitution, and the Hungarian judicial system. It's a good one.

Subscribe to Bad Faith on YouTube for video of this episode. Find Bad Faith on Twitter (@badfaithpod) and Instagram (@badfaithpod).

Produced by Ben Dalton.

Theme by Nick Thorburn (@nickfromislands).

Transcript

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0:00.0

President Roosevelt clearly had the right to send to the United States Senate, the United

0:03.8

States Congress of Proposal, to pack the court.

0:06.1

It was totally within his right to do that.

0:09.3

He violated no law.

0:11.3

He was legalistically absolutely correct, but it was a bonehead idea.

0:42.3

It is my extreme pleasure to welcome today, Eric Siegel, Ash Family Chair, Professor

0:47.4

of Law at Georgia State, and author of Originalism as Faith and Supreme Myths.

0:52.1

Why the Supreme Court is not a court and its justices are not judges.

0:56.3

Elon Warman, Associate Professor of Administrative Law, Constitutional Law and Originalism

1:00.5

at Arizona State, who recently testified at the Presidential Commission on the Supreme

1:04.8

Court of the United States last month.

1:07.5

And Nico Buie, who also testified at that hearing, who is an Assistant Professor at Harvard

1:12.2

Law School, whose research focuses on critical legal histories of democracy in the United

1:16.2

States.

1:17.2

Welcome all.

1:18.2

It's great to be here.

1:19.2

Thank you.

1:20.2

Thanks for having us.

1:21.2

So, before the election, I'd say last summer, there was a really robust conversation

1:26.6

happening about court reform.

1:30.0

And Joe Biden in some ways managed to kind of kick that football down the road without

1:34.9

having to weigh in in a way that I think everyone can recognize would have been politically

...

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