Countdown to After America: What Extreme Shifts on the Court Mean for American Democracy with Dr. Sara Benesh

May 26, 2024

Dr. Sara Benesh, an expert on judicial implications, discusses the Supreme Court's shift to the right and its potential threats to American democracy. She scrutinizes the originalist philosophy, particularly through the lens of the Dobbs decision. The conversation touches on the ethical dilemmas surrounding Justice Thomas and election norms. Benesh also explores significant cases like Moore v. Harper, addressing voter rights and the judiciary's role amid rising authoritarianism, urging a critical look at transparent governance.

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Intro

00:00 • 3min

The Supreme Court at a Crossroads

02:36 • 19min

The Morvey Harper Case and Its Implications

21:51 • 15min

Exploring the Intersection of Free Speech and Nondiscrimination

37:16 • 2min

Interstate Commerce and the State's Reach: Examining Animal Cruelty Laws

39:26 • 6min

Supreme Court Dynamics and Ethics

45:26 • 6min

Justice Ketanji Brown Jackson and Future Court Challenges

51:19 • 5min

As we count down to the release of the limited series After America, we are revisiting some past episodes of Deep Dive to help lay the groundwork for this important project that will attempt to answer the question - What would it actually look like if American democracy were to fail?

Dark Tales: Music by Rahul Bhardwaj from Pixabay
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As the gears of our democracy grind toward the 2024 election, the shadow of authoritarianism looms ever larger. Dr. Sara Benesh discusses the Supreme Court's seismic shift to the right and its implications for our nation, and the need for transparency in our judiciary. Together, we peel back the layers of crucial decisions that are reshaping our society and spotlight the ethical conundrums that question the very underpinnings of our democracy.

Dare to question the substance behind the Supreme Court's adherence to originalism. Through the lens of the Dobbs decision, we scrutinize whether this philosophy serves justice or justifies preconceived ideologies. Justice Alito's comments on legitimacy and the contentious association of Justice Thomas's wife with the January 6th events are put under the microscope. The episode probes the court's treatment of established norms, voting rights through an originalist view, and parallels with past presidential behaviors that flout institutional norms, painting a picture of a judiciary at a pivotal crossroads.

Lastly, we dissect the Supreme Court's latest cases, from Moore v. Harper's potential to redefine election integrity, to the clash of free speech and anti-discrimination in 303 Creative LLC v. Elenis. Unpacking the shadow docket's influence on voting rights and redistricting, we confront California's Proposition 12 and its nationwide ripple effects. Ending on a note of apprehension, I share my fears for precedents that safeguard students of color and the sanctity of future elections.

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