By the People | The People v. SCOTUS
Summary
Host Dahlia Lithwick leads a panel with Elise Lange, Daphna Renan, and Stacey Abrams to discuss reclaiming the Constitution from judicial supremacy. They explore the concept of popular constitutionalism, arguing that citizens must actively interpret and enforce constitutional rights rather than relying solely on the Supreme Court. The conversation covers specific reform strategies, such as expanding the court and implementing supermajority rules, while emphasizing the need for civic education and grassroots organizing to restore democratic trust.
Topics discussed
Introduction to the By the People Live Edition
Host's personal journey: returning to law school at 62
Introductions of panelists Elise Hoag, Daphna Renan, and Stacey Abrams
Current headlines and the failure of the 'wait for a retirement' strategy
Stacey Abrams on the arc of civil rights and the 2013 VRA attack
Daphna Renan on the shift to judicial supremacy post-ACA
Elise Hoag on the collapse of trust during the Kavanaugh fight
The rise of 'double haters' and finding hope in civic engagement
Listener question: Should the Supreme Court be expanded?
Debate on court reform: expansion vs. term limits and other tools
The need to address lower court capture and holistic judicial reform
Narrowing discourse and the danger of single-solution thinking
Daphna Renan on supermajority requirements for unconstitutionality
Listener story: Yolanda's experience teaching civics and contacting reps
Historical context: Abolitionists and the fight over constitutional meaning
Stacey Abrams on translating complex legal concepts for the public
Empowering citizens: Moving from abstract rights to concrete action
Elise Hoag on building a crowdsourced social contract
Listener stories: Artistic reclamation of the Constitution
Listener question: Are we in an autocracy? Assessing the current state
Elise Hoag on state-level strategies and reverse-engineering democracy
Synthesis: Multiple tools and avoiding myopic focus on one solution
Rebuilding trust: The gap between voting confidence and outcome confidence
The impact of Citizens United and the limits of current tools
Stacey Abrams on confronting the court like a bear in the woods
Daphna Renan on multifaceted constitutionalism and legislative power
Historical parallels: Abolitionist strategy in hostile political climates
Stacey Abrams on hope: The desire for better and the 'how' question
Elise Hoag on hope: Co-opted values and the power of unity
Elise Hoag on the failure of the two-party system and status quo
Conclusion: The available toolbox and closing remarks
Credits and acknowledgments to listeners and staff
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