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Why Is This Happening? The Chris Hayes Podcast

#WITHpod & Strict Scrutiny Crossover

Why Is This Happening? The Chris Hayes Podcast

MS NOW, Chris Hayes

Politics, Withpod, Versant Media, The Chris Hayes Podcast, Society & Culture, Chris Hayes, Why Is This Happening?, Versant, Msnbc, Government, News, Ms Now

4.6 • 9.2K Ratings

🗓️ 18 July 2023

⏱️ 66 minutes

🧾️ Download transcript

Summary

Another year, another pretty consequential Supreme Court term. SCOTUS recently ended its term with a number of big decisions including striking down affirmative action and issuing opinions in the 303 Creative case, in which the majority created a “constitutional right to refuse to serve members of a protected class,” as noted in Justice Sotomayor’s dissent. It also invalidated the Biden administration’s student debt relief program. Meanwhile, there’s increasing concern about recent allegations of ethical improprieties of SCOTUS justices, like the luxury fishing trip, reported by ProPublica, that Justice Alito took back in 2008 with GOP billionaire Paul Singer, who later had at least 10 cases before the high court. There’s a lot to unpack and we’re excited to share our second crossover episode with the hosts of the Strict Scrutiny podcast, Chris’ wife Kate Shaw, and her co-hosts Melissa Murray and Leah Litman. They join to discuss some of the most egregious actions from the super conservative majority of the Court, what’s at stake for American democracy and cases to look out for in the next term. Sign up for MS NOW Premium on Apple Podcasts to listen to this show and other MS podcasts without ads. You'll also get exclusive bonus content from this and other shows. Hosted by Simplecast, an AdsWizz company. See https://pcm.adswizz.com for information about our collection and use of personal data for advertising.

Transcript

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0:00.0

It was a really big term, and usually those big terms are followed by something of a recalibration,

0:07.5

a more muted term, and that's not what we got this term. Like the court was back on its hustle,

0:12.9

still burning down barns, and, you know, the real question is, after this term, which was a

0:19.0

barn burner of a term following another barn burner of a term,

0:22.5

the real question is, like, how many more barns can this court burn down? Or is it just going to set

0:28.0

fire to the Constitution? I mean, I think that really is the question. What is the court for?

0:33.0

What would we like to see the court do? I mean, I have a couple of thoughts in addition to

0:35.7

Melissa's. One is to robustly protect the mechanisms of democracy and then to kind of get out of the way.

0:42.5

I mean, those are the things that I think are the most important to facilitate self-governance,

0:47.3

which it kind of once did, you know, most prominently in the one-person, one-vote cases and a handful of others,

0:52.8

but has acted at kind of direct cross purposes

0:55.8

to in recent years. So facilitate democracy, get out of the way and not second guess most

1:02.3

of the decisions of our policymakers. And I would add that I think that some individual rights

1:07.6

protection is a component of the facilitation of democracy, right?

1:12.0

Like actually protecting our ability to make core decisions about our lives, our autonomy, our families,

1:17.6

those things are part of meaningful participation in a democracy.

1:21.8

The first step is admitting we have a problem and we need to convince people that the Supreme Court is a problem.

1:26.6

And we need to convince elected officials that it's actually not breaching some sacrosanct

1:33.1

institutional norm to treat the court as part of our democracy instead of above it and treat

1:38.6

the court as part of our political system, especially when they act politically.

1:48.1

Thank you. system, especially when they act politically. Hello and welcome to Wise.

1:49.5

It's Happening with me, your host, Chris Hayes.

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