Let's Talk About How Truly Bizarre Our Supreme Court Is

February 4, 2022

Guests: Jamal Greene

Jamal Greene is the Dwight Professor of Law at Columbia Law School, a constitutional law scholar, and author of 'How Rights Went Wrong: Why Our Obsession with Rights Is Tearing America Apart.'

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About this episode

Columbia Law professor Jamal Greene, author of 'How Rights Went Wrong,' argues that the Supreme Court's dysfunction is rooted in America's peculiar approach to rights: we recognize few rights but enforce them absolutely, unlike other democracies that recognize many rights and balance them through proportionality. This absolutism, Greene says, turns every conflict into a zero-sum war and makes the Court the center of American politics. With the 6-3 conservative majority poised to roll back abortion rights, affirmative action, and the administrative state, Klein and Greene discuss the Court's international weirdness — life tenure, politicized appointments — and Greene's reform proposal: expand the Court, have it sit in panels, and require supermajorities to strike down laws.

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