Ep 28 — Throwing Shade on the Supreme Court (Feat. Steve Vladeck)
May 10, 2024
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Law professor Steve Vladeck and author Lisa Needham discuss The Shadow Docket, Supreme Court legitimacy, and reform. Topics include structural flaws of the Supreme Court, behavior of Justices Kavanaugh, Barrett, and Roberts, legal battles on women's health and abortion laws, Fifth Circuit controversies, and conservative judges' impact on clerkship opportunities.
The Supreme Court's decisions on Miffa-Pristone and Idaho's statutes reveal the complex implications of balancing access to medical care and abortion rights.
Debates surrounding justices like Gorsuch and Barrett highlight the challenges of ideological balance in addressing evolving societal issues on the Supreme Court.
Chief Justice Roberts' dissent in cases like Obergefell raises concerns about potential shifts in the court's stance on critical social issues under his guidance.
Deep dives
Miffa-Pristone: Supreme Court Focuses on Standing in Reproductive Care Case
The Supreme Court is likely to decisively reverse the Fifth Circuit in the Miffa-Pristone cases to protect online access to Miffa-Pristone and keep it available. However, in the M.Tala case, the court is predicted to uphold statutes like Idaho's that restrict medical care to pregnant individuals during emergencies. This ruling may have significant implications for states with stringent abortion bans, leading to unresolved issues even after the Supreme Court's decision.
High Ideals vs. Real-World Impact on Supreme Court Justices
In considering the balance between high-minded principles and real-world applications, the debate arises on whether having a justice like Gorsuch, who shows promise on certain issues like transgender rights, is preferable to a median justice like Barrett with more fixed principles. This discussion delves into the complexities of judicial perspectives in addressing evolving social issues and the critical role of Supreme Court decisions in shaping societal norms.
Roberts' Views and Potential Impact on Future Cases
Chief Justice Roberts' dissent in cases like Obergefell, which staunchly opposed issues like gay marriage, highlights concerns about how he might approach revisiting decisions such as Obergefell before the Supreme Court. While acknowledging the contentious nature of Roberts' opinions on sensitive societal matters, there is apprehension about potential shifts in Supreme Court stances under his guidance, raising questions about the court's direction on critical social issues in the future.
Dissecting John Roberts' Role in the Supreme Court
The podcast delves into Chief Justice John Roberts' approach to his role, exploring the notion that he is more conscious of the court's institutional impact. Contrasting perspectives are presented regarding Roberts' inclination towards being an institutionalist regardless of his position. Insights are shared on how Roberts' level of influence might differ if he were in a different seat on the bench, emphasizing the complexities of his judicial identity.
Challenges and Concerns Regarding the Fifth Circuit's Influence
A critical analysis is conducted on the Fifth Circuit's controversial decisions and the potential ramifications on the Supreme Court's legitimacy. The podcast highlights the Fifth Circuit's trend towards ideological disputes and the impact on court reversals. Concerns are raised about procedural misconduct within the Fifth Circuit and its potential consequences on the broader judicial landscape, urging a reevaluation of how lower courts influence legal outcomes.
Liz and Andrew interview law professor Steven Vladek about The Shadow Docket, what makes the Supreme Court legitimate, and how to think and talk about it in order to reform the Court for the future.