135. The U.S. Supreme Court continues to issue stunning decisions
Today we welcome constitutional law professor Mark Brown to review recent U.S. Supreme Court decisions and their implications for social justice. Brown first discusses the close 5–4 birthright citizenship decision and criticizes the Court’s dissenters for adding an unsupported domicile requirement, while also noting limited historical exceptions for birthright citizenship.
Brown next reviews the Court’s decision that allows states to ban transgender girls from girls’ sports and his own concerns about the Court ignoring the factual record in cases like voting rights. Brown argues the Court historically favors the wealthy and powerful, praises Justice Jackson’s dissents on the doctrine of standing, and suggests that restoring the filibuster for confirmation votes could curb radical appointments.
Next is a discussion about the Court’s expansion of presidential removal power (the recent cases concerning the Federal Trade Commission and the Federal Reserve), ongoing litigation over a Trump mail-ballot executive order, the Court’s dismantling of the Voting Rights Act protections against racial gerrymandering, possible reforms like multi-member districts, and the Court allowing greater party-candidate fundraising coordination.
Justice Roberts may say the Court is doing nothing more than calling balls and strikes, but the Court has gotten into the habit of changing the strike zone.
