Ellie Mystal, a justice correspondent for The Nation and author of "Allow Me to Retort: A Black Guy's Guide to the Constitution," dives deep into the implications of Trump's Supreme Court appointments. He discusses how Trump's restructuring has resulted in a powerful conservative majority, leading to major rulings like the overturning of Roe v. Wade. Mystal critiques Democratic failures to counter this shift and speculates on potential future nominations that could further impact our rights. He emphasizes the importance of grassroots activism for meaningful change.
Trump's appointment of conservative judges has created a politically powerful 6-3 Supreme Court majority affecting civil rights and healthcare decisions.
The need for ethical reforms in the Supreme Court is urgent, as justices currently lack accountability compared to lower court judges.
Deep dives
The Supreme Court Transformation Under Trump
The appointment of conservative judges by Donald Trump has significantly altered the Supreme Court's landscape, resulting in a 6-3 conservative majority that could affect judicial decisions for decades. Elie Mistal highlights how the Republicans employed strategic tactics, such as the refusal to give Merrick Garland a hearing, to manipulate the judicial appointment process, creating an opportunity for extreme conservatives to dominate the court. The implications of this shift mean that future Supreme Court rulings may lean heavily towards conservative ideologies, influencing critical issues like civil rights and healthcare. Moreover, the potential for Trump to appoint younger, more radical judges could entrench these conservative values even further.
Possibility of Court Packing
There is an ongoing discussion about the concept of court packing as a potential solution to counteract the conservative majority in the Supreme Court. Mistal argues that increasing the number of justices could disrupt the current extreme partisan balance and mitigate the influence of any individual judge. While four additional justices is a common suggestion to match the number of circuit courts, Mistal supports a more substantial increase to twenty, which could help depoliticize the court and ensure a broader range of opinions. This reform could allow for greater diversity of thought and lessen the impact of single justices on pivotal rulings.
Ethical Concerns and Accountability
The podcast addresses serious ethical concerns regarding Supreme Court justices, specifically the lack of accountability for potential corruption, as illustrated by the undisclosed financial ties between Justice Clarence Thomas and Republican donor Harlan Crow. The need for a statutory ethics bill that governs the Supreme Court is emphasized, as currently, justices are not held to the same ethical standards as lower court judges. Furthermore, Mistal suggests that Congress has the power to influence the Supreme Court's budget, potentially using this leverage to enforce ethical reforms. The discussion reflects a broader concern about the integrity of the judicial system and highlights the urgent need for reforms to prevent conflicts of interest.
During his first term, Trump stacked the Supreme Court with hard right judges creating a 6-3 split that led to the overturning of Roe v. Wade, a stunning ruling in which a human right which was previously granted by law was taken away from the public. This time Trump faces even less resistance and could remake the Supreme Court once again.
Ellie Mystal, justice correspondent and columnist for The Nation magazine, joins us to talk about the Supreme Court: what the democrats could have done under Biden to fix the third branch of government so that we wouldn't now be in such a politically vulnerable position; but also what we can expect in terms of possible new Supreme Court nominations and what they could mean for our remaining rights.
Featuring:
Ellie Mystal: The justice correspondent and columnist for The Nation magazine and host of their legal podcast, “Contempt of Court.” Author of “Allow Me to Retort: A Black Guy's Guide to the Constitution”
Music:
Nihilore - More Scared of You
Anemoia - Tephra
Ben Von Wildenhaus - Week Twenty-Five
Axletree - Flight to the North
Mindseye - Spores (instrumental)
Crowander - Opening Lines.
Making Contact Team
Host: Salima Hamirani
Producers: Anita Johnson, Salima Hamirani, Amy Gastelum, and Lucy Kang
Making Contact is an award-winning, nationally syndicated radio show and podcast featuring narrative storytelling and thought-provoking interviews. We cover the most urgent issues of our time and the people on the ground building a more just world.
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