The Gray Area with Sean Illing The Supreme Court's power grab
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Aug 1, 2022 Nikolas Bowie, a Harvard Law professor specializing in constitutional law, dives into the U.S. Supreme Court's recent controversial term. He candidly analyzes landmark rulings limiting EPA powers, expanding gun rights, and overturning Roe v. Wade. Bowie questions the radical structure of the court's arguments and explores the fate of legal liberalism in this new judicial landscape. The conversation also tackles potential reforms to curb the conservative majority's influence on American law, highlighting the urgency for democratic mobilization and grassroots efforts.
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Democratic Resolution of Fundamental Issues
- Fundamental issues like abortion should be democratically resolved.
- Congress and the courts have roles in interpreting and enforcing rights, not just state legislatures.
Neutrality in Dobbs
- The Supreme Court's claim of neutrality on fundamental rights is impossible.
- Interpreting legal language always involves normative principles.
Interpretive Tests
- The Supreme Court invents tests to interpret vague constitutional language.
- These tests reflect normative principles, not objective neutrality.
