Guests Michael Waldman and Brian Fallon join the podcast to discuss the historical context of the Supreme Court, progressive engagement with the courts, the need for strategic thinking about the federal judiciary, proposals for court reform, and Demand Justice's plan to restore balance in the Supreme Court. They also explore the lack of trust and confusion in interpreting court decisions.
Demand Justice has been successful in pressuring Democrats to prioritize judicial reform and engage the progressive base.
Progressive engagement with the courts requires increased resources and addressing challenges posed by conservative groups.
The podcast advocates for comprehensive Supreme Court reform, including term limits, code of ethics, and expanding the court's size and transparency.
Deep dives
The Origins of Demand Justice
Demand Justice was founded in late 2017 as a response to the confirmation of Neil Gorsuch to the Supreme Court. The goal was to galvanize the public and Democratic legislators around the importance of the federal judiciary and the need to counter Trump and McConnell's influence over it. The organization launched publicly in the spring of 2018, aiming to provoke greater concern about the state of the judiciary among the progressive base.
Successes and Challenges
Demand Justice has had success in pressuring Democrats to be more strategic in their approach to the courts and in engaging the Democratic base on judicial issues. However, the organization acknowledges the need for greater resources and the challenge of competing with conservative groups like the Federalist Society and Judicial Crisis Network. Demand Justice is working to build up its political action committee (PAC) and increase grassroots donations to support its advocacy efforts.
Remaining Agenda
There is still much work to be done in progressive engagement with the courts. This includes increasing funding from large donors to compete with conservative groups, unlearning old habits among policymakers, and addressing issues like the blue slip policy that hampers nominations in red states. Demand Justice also emphasizes the importance of grassroots donations and continued pressure on Democratic leaders to prioritize judicial nominations and confirmations. Overall, President Biden receives high marks for his judicial nominations and the prioritization of qualified nominees.
Importance of Professional Diversity in Judicial Nominations
The podcast episode discusses the increasing focus on professional diversity in judicial nominations, particularly within the Democratic caucus. The speaker praises the efforts of Senator Chuck Schumer and President Joe Biden in prioritizing professional diversity in their nominee recommendations. More than half of the confirmed nominees have been professionally diverse, and credit is given to President Biden and his staff for their role in this progress. The speaker also highlights the Senate's role and the challenges faced with Senate delegations that continue to recommend traditionally viable candidates, which has led to the White House playing hardball behind the scenes.
The Need for Comprehensive Reform and Increased Engagement
The podcast episode advocates for comprehensive Supreme Court reform, with various proposals to address different issues. These include implementing term limits, establishing a code of ethics, introducing cameras in the courtroom for transparency, eliminating forum shopping, expanding the size of the court, and shrinking the court's power compared to other branches of government. The speaker emphasizes the importance of engaging the public in understanding the broken state of the federal judiciary and fostering a conversation around structural reforms. They critique the Biden administration for not doing enough to address the issue and highlight the need for greater public discourse and education regarding the Supreme Court and its decisions.
Melissa, Leah, and Kate invite two guests to zoom out and analyze how the current Supreme Court got to be the way that it is... and what progressives are doing to push back. Michael Waldman, author of The Supermajority: How the Supreme Court Divided America, provides historical context for other times the Supreme Court has challenged the country. And Brian Fallon, co-founder of Demand Justice, reflects on his tenure as Executive Director as the group challenged Democrats to get on board with judicial reform.
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