Dahlia Lithwick is joined by award-winning documentarian and lawyer Dawn Porter to discuss the Supreme Court's history and its current crisis of legitimacy. They explore the power of women in bringing about political change and highlight Porter's new documentary series on the Supreme Court. The chapter also explores the role of race, religion, and gender in shaping the Supreme Court, as well as the symbolism of the justices' robes. The episode concludes with gratitude and a promotion for Lithwick's book.
Understanding the Supreme Court's history is crucial in navigating the current landscape of the court.
Public perception and societal sentiment play a significant role in shaping the decisions and legitimacy of the Supreme Court.
Deep dives
The Significance of the Supreme Court and the Need for Understanding
The podcast episode delves into the importance of understanding the role and history of the Supreme Court. It emphasizes that the current state of the court did not solely emerge due to recent events, but has been shaped over several decades. The episode seeks to shed light on the evolving nature of the court and the need to comprehend its significance in order to navigate the current landscape.
The Power of Public Perception on the Supreme Court
The podcast explores how the Supreme Court's legitimacy and influence are intertwined with public perception. It discusses how the court's decisions are influenced by societal sentiment and the public's view of its legitimacy. The episode highlights the potential for reasoned and responsible reaction to shape the court's behavior and calls for a more engaged, informed public to safeguard the court's democratic impact.
The Role of Race in American Legal History
The episode delves into the crucial role of race in American legal history and how it has shaped the Supreme Court. It showcases the advocacy and resilience of black lawyers, particularly black women, who utilized the Constitution as a tool for social change and advancement. The podcast emphasizes the importance of recognizing and honoring their contributions in the fight for civil rights.
Urging Critique of the Court While Preserving its Value
The episode encourages critical examination of the Supreme Court's functioning and decisions while maintaining an appreciation for the institution. It discusses the need to hold the court accountable for its actions and to voice concerns about ethical considerations, adherence to precedent, and the democratic principles it upholds. Critique is seen as crucial in ensuring that the court lives up to its potential and serves the nation's best interests.
Together they trace the political shifts and cultural earthquakes from the Warren Court to the Burger, Rehnquist and now Roberts Court, and they discuss how the courts current crisis of legitimacy cannot be cured with a moratorium on criticism. In both Lady Justice and Deadlocked a truth surfaces: when it comes to the rule of law, there is no “plan b”, so the challenge to Dawn’s audience, Dahlia’s readers and Amicus listeners is the same: to use the law as a tool for progress and justice.