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Could SCOTUS Decide the Election? (with Dahlia Lithwick)

Could SCOTUS Decide the Election? (with Dahlia Lithwick)

Update: 2024-09-242
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Digest

This podcast delves into the potential impact of the Supreme Court on the 2024 presidential election. The discussion centers around the court's recent history, particularly its handling of election-related cases in 2020, and the influence of external groups like Leonard Leo's network. The speakers express concerns about the court's impartiality and the potential for political bias to influence its decisions. The podcast further examines a New York Times report that sheds light on the Supreme Court's internal decision-making process, particularly in relation to cases involving Donald Trump. The report reveals the Chief Justice's role in shaping the court's pro-Trump stance, raising concerns about the court's reputation and public trust. The podcast highlights the potential implications of the Supreme Court's decisions for the future of American democracy. The speakers express concerns about the court's ability to undermine the rule of law, erode democratic norms, and threaten the separation of powers.

Outlines

00:00:59
The Supreme Court's Role in the 2024 Election

This segment discusses the potential for the Supreme Court to decide the outcome of the 2024 presidential election. The conversation explores the court's recent history, including its handling of election-related cases in 2020, and the influence of outside groups like Leonard Leo's network. The speakers express concern about the court's impartiality and the potential for political bias to influence its decisions.

00:19:21
The Supreme Court's Internal Workings and Public Trust

This segment focuses on a New York Times report that reveals details about the Supreme Court's internal decision-making process, particularly in relation to cases involving Donald Trump. The report highlights the Chief Justice's role in shaping the court's pro-Trump stance and the implications for the court's reputation and public trust.

Keywords

Leonard Leo


Leonard Leo is a prominent conservative legal activist who has played a significant role in shaping the Supreme Court's ideological balance. He is the founder and executive director of the Federalist Society, a conservative legal organization, and has been instrumental in funding and supporting conservative judges.

Independent State Legislature Doctrine


The Independent State Legislature Doctrine is a legal theory that argues that state legislatures have exclusive authority over federal elections, without interference from state courts or governors. This doctrine has been used to justify restrictions on voting rights and election administration.

Judicial Misconduct


Judicial misconduct refers to unethical or illegal behavior by judges, including bias, corruption, and abuse of power. It can undermine public confidence in the judiciary and erode the rule of law.

Separation of Powers


Separation of powers is a fundamental principle of government that divides governmental authority among different branches, such as the executive, legislative, and judicial branches. It aims to prevent any one branch from becoming too powerful and to ensure checks and balances.

Supreme Court


The Supreme Court is the highest court in the United States, responsible for interpreting the Constitution and resolving disputes between states.

2024 Election


The 2024 presidential election is a significant event in American politics, with the potential for the Supreme Court to play a crucial role in its outcome.

New York Times


The New York Times is a leading American newspaper that has published a report revealing details about the Supreme Court's internal workings.

Public Trust


Public trust in institutions like the Supreme Court is essential for their legitimacy and effectiveness. The podcast explores how the court's actions and decisions can impact public trust.

Q&A

  • What are the key concerns about the Supreme Court's potential role in the 2024 election?

    The speakers express concern about the court's impartiality and the potential for political bias to influence its decisions. They point to the influence of outside groups like Leonard Leo's network and the court's recent history of handling election-related cases.

  • What does the New York Times report reveal about the Supreme Court's internal workings?

    The report reveals that the Chief Justice played a significant role in shaping the court's pro-Trump stance, particularly in relation to cases involving Donald Trump. It highlights the court's internal decision-making process and the implications for the court's reputation and public trust.

  • How has the Supreme Court's handling of cases involving Donald Trump impacted public perception?

    The court's handling of cases involving Donald Trump has significantly eroded public trust and confidence in the institution. The speakers express concern about the court's impartiality and the potential for political bias to influence its decisions.

  • What are the potential implications of the Supreme Court's decisions for the future of American democracy?

    The speakers express concern that the court's decisions could undermine the rule of law, erode democratic norms, and threaten the future of American democracy. They highlight the potential for the court to decide the outcome of the 2024 election and the implications for the separation of powers.

Show Notes

This week on the CAFE Insider podcast, Joyce Vance is joined by Supreme Court expert Dahlia Lithwick, while Preet is out. Lithwick is a senior editor at Slate, where she writes about the courts and the law, and hosts the legal podcast, Amicus.


In an excerpt from the show, Joyce and Dahlia break down whether the Supreme Court could decide the presidential election.


In the full episode, Joyce and Dahlia discuss high-profile cases on the Court’s docket this term, including disputes over ghost guns, gender-affirming care, the death penalty, and abortion.


CAFE Insiders click HERE to listen to the full analysis. To become a member of CAFE Insider head to cafe.com/insider. You’ll get access to full episodes of the podcast and other exclusive content.


Subscribe to The Counsel for free to get more news at the intersection of law and politics each week.


This podcast is brought to you by CAFE and Vox Media Podcast Network.

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Comments (1)

James Knight

they will of they get the chance.

Sep 26th
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Could SCOTUS Decide the Election? (with Dahlia Lithwick)

Could SCOTUS Decide the Election? (with Dahlia Lithwick)

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