Opinionpalooza: The Supreme Court End-of-Term Breakfast Table
Jul 6, 2024
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Dahlia Lithwick, Mark Joseph Stern, Steve Vladeck, and Mary Anne Franks analyze monumental Supreme Court decisions, justices' perspectives, and dissents. They discuss originalism, policy areas, expertise, J. Edgar Hoover's legacy, tone of opinions, and concerns about democracy and ethics.
Supreme Court decisions show disregard for democracy and rule of law.
Rulings reflect patterns of privileging powerful and marginalizing disadvantaged.
Democratic resurgence is vital to counter erosion of democratic principles by the Supreme Court.
Deep dives
The Podcast Delves into the Controversial Supreme Court Opinions
The podcast episode discusses the recent Supreme Court decisions, focusing on key cases like Trump immunity and Emtala. The discussions reveal a deep concern about the court's approach to democracy, rule of law, and separation of powers. The theme of contempt for democracy and government institutions is highlighted, reflecting a perceived shift towards dismantling government and trust in governance.
The Court Signals Disrespect for Democracy and Rule of Law
The podcast captures the court's repeated signaling of scant regard for democracy, rule of law, and government authority. Instances like the Emtala and razor wire cases underscore the court's aloofness towards institutions and democratic principles. The majority opinions and dissents echo contempt for democracy, showcasing a trend towards consolidating power and reshaping democracy.
Issues of Cruelty, Inequality, and Patriarchy in Supreme Court's Decisions
The podcast highlights the prevalence of cruelty, inequality, and patriarchal power dynamics in the Supreme Court decisions. The discussions delve into how marginalized communities, like women and vulnerable individuals, face adverse outcomes due to the court's rulings. These decisions reflect a broader pattern of privileging the powerful while othering and marginalizing the disadvantaged.
The Need for a Democratic Resurgence Against Unilateral Power Grabs
The episode emphasizes the requirement for a democratic resurgence against unilateral power grabs and dismantling of democratic principles by the Supreme Court. The dialogue stresses the importance of fairness, reciprocity, and adherence to democratic norms. Seeking to maintain a level playing field and ensuring the same rules apply to all are crucial to protecting democracy and preserving democratic principles.
The Impending Risks of a Partisan and Authoritarian Supreme Court
The podcast foresees the risks posed by a partisan and authoritarian Supreme Court reshaping American democracy. The scenario of the court consolidating power, aligning with partisan interests, and neglecting democratic principles sparks concern for the future. The discussion underscores the need to address the erosion of democracy through concerted efforts and vigilance.
The Call for Upholding Fearless Speech and Defending Democracy
The episode advocates for upholding fearless speech, defending democracy, and challenging the erosion of democratic values. It underscores the importance of promoting free speech, combating authoritarian shifts, and fostering a culture of democratic resilience. Encouraging reciprocity, fairness, and adherence to democratic norms are essential in safeguarding democracy against authoritarian tendencies.
What just happened??? Despite going into June clear-eyed and well informed about the Supreme Court’s conservative supermajority, the number of huge cases before it, and the alarming stakes in so many of those cases…we are, nonetheless, shocked. The October 2023 term came to a shuddering end on Monday July 1st and Dahlia Lithwick, Mark Joseph Stern, Steve Vladeck and Mary Anne Franks are here to help parse some monumental decisions, some smaller cases with big ramifications, and what we can understand about the Justices who made those decisions for the rest of us, and the Justices who dissented.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. We kicked things off this year by explaining How Originalism Ate the Law. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)