“We don't have to live in this system just because the court says so.”
about how the court sees itself and the seismic shift its enacting. A portion of their discussion, which has been condensed and edited for clarity, has been transcribed below.
Dahlia Lithwick: One of the reasons I so wanted to talk to you for this show is that you think about the structural institution as part of government. And you have been warning us—you were warning the Biden commission—to stop thinking of judicial review as this powerful, magical uniform that helps act as a minoritarian check on reckless majorities.I want you to tell me what the answer is to the question that I’ve had leveled at me, which is, “You just don’t like the outcomes.
Most states at this point are under one-party control. There’s currently a 6–3 conservative majority on the court that doesn’t look like it’s going anywhere anytime soon. And so in theory, Congress or federal agencies can threaten this dominance. Congress could, for example, enact a law that codifies, and says here is the new national standard for reproductive justice.
And so we, as the American people, have to decide what to do when it comes to these really important questions like what should reproductive justice look like in this country, what should our country’s response to climate change look like, what should we do about these massacres every day that are preventing people from going outside or to school with fear? And one answer is, well, we should rely on these six people who were appointed by presidents with the goal of imposing a policy agenda but...
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