Harvard law professor Richard Re discusses the evolution of the Supreme Court from the Warren court to the present day, highlighting the historical context of the court's decisions, the role of swing justices, and the current dynamics of originalism and textualism in judicial interpretation.
The Agenda:
- What is the conservative Warren court?
- Reversal in power dynamics
- The swing justice era
- The Roberts court has the lowest rate of overturning precedents
- Common good constitutionalism reflects a generational pivot in legal thought
- Textualism is now seen as the generally accepted mode of interpretation
- Deference’s varied meanings
Show Notes:
- Richard Re: To a Conservative Warren Court
- Oral argument live blog for Tuesday, January 13
- Justices Alito and Thomas dissent in the Parents Protecting Our Children case
- Did Justice Kagan debilitate the administrative state?
- Not Enough Respect for the Judiciary—Or Too Much?
- Supreme Court Increasingly Favors the Rich, Economists Say
- Does the Supreme Court Favor the Rich?
- Has the Supreme Court Helped Save Democracy?