We Need To Talk About Judicial Review
Summary
In this episode of Strict Scrutiny, host Kate Shaw interviews Harvard Law professors Nico Busby and Daphne Renan, authors of the book Supremacy. They discuss the historical origins of judicial review and argue that the Supreme Court’s power to invalidate federal statutes undermines democratic governance. The guests distinguish between horizontal and vertical review, advocating for reforms that limit the Court’s ability to strike down congressional laws while preserving its role in enforcing federal rights against states. They explore various legislative tools, such as jurisdiction stripping…
Topics discussed
Texas 10 Commandments law and Supreme Court fight
Introduction to guests and book giveaway
Sponsor segments: Zovau, Midas, and M4 Skincare
Guests introduce the concept of judicial supremacy
Dred Scott and the Reconstruction Congress's response
The 'Good Behavior' clause and judicial accountability
Origins of the judicial supremacy ideology
Lincoln, Reconstruction, and modern echoes in Trump v. Slaughter
Sponsor segments: M4 Skincare and 3 Day Blinds
Horizontal vs. vertical review and progressive resistance
Presidential power and the need for federal law enforcement
Addressing concerns about bad laws and political solutions
Brown v. Board, the KLAN Act, and democratic constitutionalism
Sponsor segment: Lawyerling Without Law podcast
Proposed reforms: supermajorities and clear error standards
Congressional tools to protect legislation from the Court
Benefits of reforms for democracy and judicial legitimacy
Limitations of reforms and the role of voters
Closing remarks and book promotion
Sponsor segment: Crooked on MS NOW
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