You're Wrong About cover image

You're Wrong About

Has the Supreme Court Always Been This Terrible? with Mackenzie Joy Brennan

Jul 22, 2024
Legal expert Mackenzie Joy Brennan and hosts discuss Supreme Court rulings, originalism, biases in the legal system, and the future of the Court. They explore the evolution of defendant rights, controversies surrounding justices, rise of originalism, flexibility in recipes, and strategies for civic engagement.
01:02:34

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Quick takeaways

  • Originalism shapes Supreme Court decisions based on founders' intentions, potentially altering interpretations and rights.
  • Chief Justice Roberts could lead judicial reform by promoting ethics, recusal, and collaboration with Congress.

Deep dives

The Influence of Originalism on Judicial Decision-Making

Originalism, a legal theory that has gained popularity since the 1980s through figures like Bork and Scalia, has had a significant impact on how judicial decisions are made, particularly by the Supreme Court. This approach, claiming to interpret the Constitution based on the original intentions of the founding fathers, has led to the redefining of constitutional rights and principles, such as the Second Amendment, showcasing how selective quotes and semantics can alter interpretations. The concept of originalism, cloaked in humility but rooted in arrogance, has become a prevalent legal doctrine that has seen justices exercise vast power.

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