Supreme Betrayal: How the Supreme Court and Constitutional Law Have Failed America
Mark Tushnet, Louis Michael Seidman
31 episodes
1 day ago
Sitting in their marble palace, dressed in their black robes, Supreme Court Justices would like us to believe that they are wise and disinterested oracles dispensing words of truth and justice. Nothing could be further from the truth. Every episode week, Mark Tushnet and Mike Seidman, two renown constitutional law scholars, lift the curtain and show us how the men and women there who sit on the High Court have been manipulating us.
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Sitting in their marble palace, dressed in their black robes, Supreme Court Justices would like us to believe that they are wise and disinterested oracles dispensing words of truth and justice. Nothing could be further from the truth. Every episode week, Mark Tushnet and Mike Seidman, two renown constitutional law scholars, lift the curtain and show us how the men and women there who sit on the High Court have been manipulating us.
The Jimmy Kimmel Kerfuffle and How to Think About It
Supreme Betrayal: How the Supreme Court and Constitutional Law Have Failed America
30 minutes 43 seconds
4 weeks ago
The Jimmy Kimmel Kerfuffle and How to Think About It
We talk about the Jimmy Kimmel episode, a small victory in the fight against Trumpism. We range more widely, though, in identifying no fewer than five groups who have competing First Amendment interests in having Kimmel on or off the airwaves, which makes figuring out what the First Amendment “means” in this setting. We emphasize the interests of broadcasters in choosing what to air and the interests of potential listeners in hearing—and preventing others from hearing—what they want. Any government intervention supports the free-speech interests of one or another group and undermines the free-speech interests of other groups. After discussing the way in which New Deal constitutional doctrine tried to separate economic regulation from regulation of fundamental rights, we discuss the relation between property rights and the ability to exercise your right to free expression, we end with a discussion of the possibility of antitrust regulation of large media corporations, which was implicated in the Kimmel episode. Reconciling antitrust regulation of the sort progressives want with existing constitutional doctrine takes some serious analytic work, which progressives ought to be doing now.
Supreme Betrayal: How the Supreme Court and Constitutional Law Have Failed America
Sitting in their marble palace, dressed in their black robes, Supreme Court Justices would like us to believe that they are wise and disinterested oracles dispensing words of truth and justice. Nothing could be further from the truth. Every episode week, Mark Tushnet and Mike Seidman, two renown constitutional law scholars, lift the curtain and show us how the men and women there who sit on the High Court have been manipulating us.