Tatter - Episodes Tagged with “Supreme Court”

Episode 61: Legitimate Authority (w/ Sara Benesh)

Michael Sargent — Fri, 30 Oct 2020 05:00:00 -0400

ABOUT THIS EPISODE
Many people discuss the public's trust in, and willingness to accord legitimacy to, U.S. courts, especially the Supreme Court. But why does that trust and legitimacy matter? What factors determine it? How might recent Republican maneuvering affect legitimacy, including maneuvering that has recently resulted in the confirmation of President Trump's third Supreme Court nomineee? What might be the impact of Democrats' increasing the number of seats on the Supreme Court? How might race matter for any of these questions? I discuss such questions with University of Wisconsin-Milwaukee political scientist Sara Benesh.

LINKS
--Sara Benesh's website
--"Understanding public confidence in American courts," Sara Benesh. (2006). Journal of Politics
--"Be Careful with My Court," Shawn C. Fettig & Sara C. Benesh. (2016), in The Chief Justice: Appointment and Influence, Artemus Ward and David Danelski, Editors. Ann Arbor: University of Michigan.
--"Blacks and the United States Supreme Court: Models of Diffuse Support," James L. Gibson & Gregory A. Caldeira. (1992). The Journal of Politics

Special Guest: Sara Benesh.

Episode 31: Not Yet (Andersen v. Planned Parenthood)

Michael Sargent — Mon, 10 Dec 2018 14:00:00 -0500

ABOUT THIS EPISODE
Stephen Vladeck is the A. Dalton Cross Professor in Law at the University of Texas School of Law. He's also CNN's Supreme Court analyst. On the day of its announcement, he and I spoke about the Supreme Court's decision not to review a lower court decision that is at least partially related to abortion (Andersen v. Planned Parenthood of Kansas and Mid-Missouri). He also shared his thoughts on what it means that it appears Chief Justice Roberts and Associate Justice Kavanaugh did not join their conservative colleagues in voting to take up the case.

LINKS
--Vladeck's webpage at UT-Austin
--SCOTUSblog's summary of Andersen v. Planned Parenthood of Kansas and Mid-Missouri

Special Guest: Stephen Vladeck.

Episode 28: Magnolia In Bloom (Mississippi Politics)

Michael Sargent — Mon, 15 Oct 2018 06:00:00 -0400

ABOUT THIS EPISODE
The recent confirmation of Brett Kavanaugh's appointment to the U.S. Supreme Court--despite vocal and forceful opposition by many people--attests to the importance of being the majority party in the U.S. Senate. Democrats are currently in a narrow minority, and their path to control runs through Senate seats currently held by Republicans, many of which are in rural, agrarian states. One such state is Mississippi, and one such race features Republican Cindy Hyde-Smith and Democrat Mike Espy, among others. The election is likely to go to a runoff, and if control of the Senate hangs in the balance, it will be an important runoff. In this episode, I discuss that election with Geoff Pender, political editor of the Clarion-Ledger newspaper, based in Jackson, MS. We also discuss the broader political context in Mississippi, including issues that might be on their way from The Magnolia State to the U.S. Supreme Court.

LINKS
--FiveThirtyEight's U.S. Senate Forecast
--May 2018 article by Geoff Pender on polling in the Mississippi U.S. Senate special election
--Geoff Pender's staff page at the Clarion-Ledger
--"Mike Espy sees runoff as path to a Miss. Senate seat. Here's why it's a bumpy road" by William Douglas (McClatchy DC Bureau)
--"Will a Black-Latino alliance in Mississippi change politics in the Deep South?" by Alexia Fernández Campbell (The Atlantic)
--"Long before sinking Roy Moore's candidacy, black women in Alabama were a force for change" by DeNeen L. Brown (Washington Post)
--"Mississippi bans abortions after 15 weeks; opponents swiftly sue" by Richard Fausset (New York Times)
--"Controversial HB1523 now Mississippi's law of land" by Jerry Mitchell and Geoff Pender (Clarion-Ledger)
--"Why is the Democratic Leadership Council shutting down?" by Espeth Reeve (The Atlantic)

Cover art adapted from an image by Darwinek (Wikimedia Commons)

Special Guest: Geoff Pender.

Episode 26: A Mighty Pen, Part II (Another Discussion of the Kavanaugh Nomination)

Michael Sargent — Sun, 02 Sep 2018 06:00:00 -0400

ABOUT THIS EPISODE
Judge Brett Kavanaugh currently sits on the U.S. Court of Appeals for the D.C. Circuit, but he's better known now as the more recent Supreme Court nominee by President Donald Trump, nominated to replace retired Associate Justice Anthony Kennedy. This is the second of two episodes focused on Kavanaugh's record and thinking, and the impact his addition would likely have on the Court.

I spoke with Jonathan Adler and Brianne Gorod. Adler is the Johan Verheij Memorial Professor of Law at the Case Western Reserve University School of Law, as well as the Director of its Center for Business Law and Regulation. He has clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the DC Circuit. Gorod is Chief Counsel at the Constitutional Accountability Center, and has clerked for Supreme Court Justice Stephen Breyer.

LINKS
Jonathan Adler's profile at Case Western
Brianne Gorod's profile at the Constitutional Accountability Center
Agri Processor Co Inc v. National Labor Relations Board
On Garza v. Hargan
Planned Parenthood v. Casey
"The stare decisis Court" (Adler, on the Roberts Court and precedent)
U.S. v. Burwell (related to mens rea, or criminal intent)
U.S. v. Queen Nwoye (related to battered woman syndrome)
Janus v. AFSCME
V.L. v. E.L.
Pavan v. Smith
"Supreme Court clerks are not a particularly diverse lot" (Adler, in the Washington Post, for the Volokh Conspiracy)
"The Supreme Court is terrible at hiring diverse law clerks, but Neil Gorsuch is surprisingly good at it" (Mark Joseph Stern, at Slate)

Cover art credit: Office of Senator Chuck Grassley (Wikimedia Commons)

Special Guests: Brianne Gorod and Jonathan H. Adler (law).

Episode 25: A Mighty Pen, Part I (Discussing the Kavanaugh Nomination)

Michael Sargent — Tue, 14 Aug 2018 05:00:00 -0400

ABOUT THIS EPISODE
Judge Brett Kavanaugh currently sits on the U.S. Court of Appeals for the D.C. Circuit, but he's better known now as the most recent Supreme Court nominee by President Donald Trump, nominated to replace retired Associate Justice Anthony Kennedy. This is the first of two episodes focused on Kavanaugh's record and thinking, and the impact his addition would likely have on the Court.

I spoke with Peter Margulies and Stephen Vladeck. Margulies is Professor of Law at Roger Williams University's School of Law, where he teaches national security law, immigration law, and international law. Vladeck is the A. Dalton Cross Professor in Law at the University of Texas at Austin School of Law, where his teaching and research focus on federal jurisdiction, constitutional law, national security law, and military justice. Both have participated in cases at the appellate level (including cases that have come before Kavanaugh). It's also worth noting that Vladeck was part of a legal team that participated in the Supreme Court case Hamdan v. Rumsfeld and is also CNN's Supreme Court analyst.

LINKS
Peter Margulies's profile at Roger Williams University
Stephen Vladeck's profile at UT-Austin
Hamdan v. Rumsfeld
"Guantánamo bay prosecutors accuse detainee of conspiracy"
Margulies, on the al-Bahlul decision
Vladeck on al-Bahlul
Saleh, et al. v. Titan, et al.
Doe v. Exxon Mobil Corporation
Hernandez v. Mesa
"Brett Kavanaugh is the antidote to corporate America's worries about Trump" by Ronald Brownstein, in The Atlantic
Utility Air Regulatory Group v. EPA
Michigan v. Environmental Protection Agency
United States v. Nixon
Humphrey's Executor v. United States
Stare decisis defined

Cover art credit: Office of Senator Chuck Grassley (Wikimedia Commons)

Special Guests: Peter Margulies and Stephen Vladeck.