In the 2012 health care case, the Supreme Court did not do its job; it upheld a law Congress did not enact; and how and why the Court may be reticent to stand in the way of the political branches.
In this six-part interview, Randy E. Barnett of the Georgetown University Law Center discusses his background, interests, and his role in Supreme Court cases involving medical marijuana and the Affordable Care Act; originalism’s effect on the Court’s jurisprudence; and the meaning and relation of justice to politics, history, precedent, and the Court.
“I consider myself, first and foremost, a legal scholar. And, I’ve never really considered myself either a litigator or a legal advocate per se. I got drawn into litigation on the basis on my scholarship.”
(Fabrizio di Piazza)
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