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.
insights INSIGHT
Neutrality in Dobbs
The Supreme Court's claim of neutrality on fundamental rights is impossible.
Interpreting legal language always involves normative principles.
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Interpretive Tests
The Supreme Court invents tests to interpret vague constitutional language.
These tests reflect normative principles, not objective neutrality.
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Sean Illing talks with Harvard Law professor Nikolas Bowie about the U.S. Supreme Court's recently-concluded term, which produced landmark opinions restricting the power of the EPA, expanding gun rights, and overturning Roe v. Wade. They discuss how the conservative court's arguments are structured and why they are in fact quite radical, what "legal liberalism" is and whether it has just been decisively repudiated, and whether there are any reforms that could stop the conservative majority from reshaping American jurisprudence.
Host: Sean Illing (@seanilling), Interviews Writer, Vox