Supreme Betrayal: How the Supreme Court and Constitutional Law Have Failed America

We discuss the Supreme Court's interference with the 2024 election by slow walking its consideration of Donald Trump's claim that he was immune from prosecution for his actions in connection with the January 6 insurrection. And we criticize the Court's ultimate decision for its incoherence, failure to provide guidance for the future, and inconsistency with basic ideas about our Constitution and the rule of law.

Progressives like us have vigorously criticized the Dobbs decision. Why? Doesn't it return a public policy question to the people for democratic decision-making? You'll hear our criticisms of the Dobbs decision, mostly for its internal logic, and our disagreements about the underlying issue--but our ultimate agreement that there's a fair amount to be said by people on our side of the political spectrum in favor of keeping the Court from constitutionalizing the abortion issue.

The episode deals with Trump's Supreme Court appointments and the effects of life tenureon the timing of appointments (and departures).On Facebook:  Mark TushnetOn X:  @Mark_Tushnet

This episode explores the reasons why the modern Supreme Court is out of control and why the mechanisms that have historically kept it (more or less) in control no longer work