
123: Marc Elias and Ari Berman
The Al Franken Podcast
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The Major Questions Doctrine in the US Supreme Court
Republicans would have found some sort of way to put a Merrick Garland on the court or prevent a Neil Gorsuch from getting on there. They got rid of the filibuster to construct a six-to-three Supreme Court supermajority, but Democrats wouldn't get rid of it to protect voting rights for the next generation. That's the kind of political asymmetry we're talking about. And Al, look, they are rolling out right now a theory in the US Supreme Court in Morvey Harper that basically says there is no state court judicial review. Like they're- They'll do anything. Right.
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