The Gray Area with Sean Illing2 Jul 2018

The Supreme Court vs. Democracy

If 75,000 votes in Michigan, Wisconsin, and Pennsylvania had tipped the other way, President Hillary Clinton would’ve named both Antonin Scalia and Anthony Kennedy’s replacements. But they didn’t. And now Donald Trump, in less than two years, will fill as many Supreme Court seats as Barack Obama did in eight. When news of Kennedy’s retirement came down, I knew exactly who I wanted to talk to: Dahlia Lithwick, Slate’s exceptional legal analyst, and host of the podcast Amicus. I can’t say our conversation made me feel better about the Supreme Court. If someone as knowledgeable and humane as Lithwick is this alarmed, then, well, it’s alarming. But it at least left me feeling like I understood the stakes. Lithwick is brilliant in tracing the ideological and political trends that have led us to this moment: We talk about how the Court has moved steadily right for a generation, such that John Roberts — John Roberts! — is now the closest thing to a swing vote; how lifetime appointments have collided with deep politicization; what it means that voting rights are under attack from judges who wouldn’t hold their jobs if America was more of a democracy, and much more. The right has won the fight for the Supreme Court for the next few decades, and they have done so because they were more focused, more committed, and better organized. This is how they did it, and what comes next. Recommended book: One Person, No Vote: How Voter Suppression Is Destroying Our Democracy by Carol Anderson Learn more about your ad choices. Visit podcastchoices.com/adchoices

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