Reflecting on a tumultuous Supreme Court term, the hosts discuss hollowing out the administrative state, dodges on abortion, and immunity for corrupt ex-presidents. They delve into court interpretations, biased outcomes, textualism, and upcoming summer episodes.
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Quick takeaways
Supreme Court avoids accountability in decisions, granting immunity to corrupt officials.
Judicial methodology in SCOTUS leans towards conservative preferences, lacking objectivity.
Focus shifting at Supreme Court towards substantive criminal law cases over procedural aspects.
Deep dives
Main Theme: Lack of Accountability
The podcast episode delves into the theme of lack of accountability within the Supreme Court's decisions and behaviors. Instances such as the court's deflection of responsibility in cases like Snyder and the immunity case involving former President Trump highlight a pattern of the court avoiding accountability. Additionally, the episode discusses how the court's rulings seem to favor the Republican Party's partisan interests, as seen in cases like Alexander versus South Carolina NAACP and Fisher versus United States.
Main Theme: Lack of Consistency in Judicial Methodology
Another prominent theme addressed in the podcast episode is the idea of inconsistency in judicial methodology within the Supreme Court. The discussion focuses on how originalism and textualism as modes of analysis are being used in a way that seems to serve the interests of conservatives, lacking objectivity and neutrality. Decisions based on originalism and textualism appear to align with conservative preferences rather than being truly impartial or objective.
Main Theme: Fifth Circuit and Supreme Court Dynamics
Exploring the relationship between the Fifth Circuit and the Supreme Court emerges as a key theme in the episode. The discussion revolves around how the Supreme Court has been either affirming or reversing decisions from the Fifth Circuit, highlighting a back-and-forth dynamic between the two courts. The Fifth Circuit's win rate at the Supreme Court and the importance of cases originating from the Fifth Circuit are also significant points of analysis.
Main Theme: Criminal Law Shifts Towards Substantive Criminal Law
The podcast episode observes a shift in the focus of criminal law cases at the Supreme Court towards substantive criminal law rather than procedural aspects. Cases like Fisher are cited as examples of this shift towards statutory interpretation and substantive criminal law. This change indicates less emphasis on defendants' rights expansion or contraction, signaling an evolving trend in criminal law cases at the Court.
Textualism and Statutory Interpretation
Self-proclaimed textualist judges often diverge in their interpretations, as seen in cases like Campos Chavez and Snyder. Despite statutory text being clear, textualists extend their analysis to historical context, potentially undermining certain charges. This broad interpretation can obstruct government regulations, affecting issues like gun violence prevention.
Chief Justice Dynamics
The Chief Justice struggles to maintain control over the conservative bloc, particularly with justices like Thomas, Alito, and Barrett showing independence. Despite past emphasis on consensus, the Chief Justice faced challenges in achieving unanimity on key cases like Trump v. United States, signaling a potential shift in his judicial approach.
Kate, Melissa, and Leah steel themselves to look back on a truly terrible term for the ages. From SCOTUS’s determined effort to hollow out the administrative state to its cynical dodges on abortion to granting immunity to certain corrupt former presidents, it was a rough ride. Drink, anyone?
In case you want to hear our predictions for yourself, go back and listen to our term preview from September 2023