Summarily - A Podcast for Busy Lawyers

The Most Powerful Branch and Faux Originalism

May 01, 2024 Robert Scavone Jr. Episode 115
The Most Powerful Branch and Faux Originalism
Summarily - A Podcast for Busy Lawyers
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Summarily - A Podcast for Busy Lawyers
The Most Powerful Branch and Faux Originalism
May 01, 2024 Episode 115
Robert Scavone Jr.

How did the Supreme Court become so powerful? Dr. Ben Johnson contends that a "little-known rule change" and the Court's unkept promise in 1928 are to blame.

Dr. Johnson is an associate professor of law at the University of Florida Levin College of Law. He sat down with Robert to talk about the Court's question-selection process and how being able to "cherry-pick" legal questions has "transform[ed] the Court from a tribunal deciding cases into a super-legislator with little accountability."

Dr. Johnson has written on this topic in the Columbia Law Review and for The Atlantic.

Dr. Johnson and Robert also discussed originalism and how the current conservative justices on the Court have been unfaithful to the "history and tradition" approach they so frequently espouse.

Thank you for listening. Please share the podcast with your friends and colleagues, and rate and review the show.

Summarily is sponsored by BetterHelp and The Law Office of Scott N. Richardson, P.A. Click the BetterHelp link (BetterHelp.com/Summarily) for 10% off your first month of BetterHelp.

Send your questions, comments, and feedback to summarilypod@gmail.com.

Disclaimer: This podcast is for informational purposes only and is not an advertisement for legal services.  The information provided on this podcast is not intended to be legal advice.  You should not rely on what you hear on this podcast as legal advice. If you have a legal issue, please contact a lawyer.  The views and opinion expressed by the hosts and guests are solely those of the individuals and do not represent the views or opinions of the firms or organizations with which they are affiliated or the views or opinions of this podcast’s advertisers.  This podcast is available for private, non-commercial use only.  Any editing, reproduction, or redistribution of this podcast for commercial use or monetary gain without the expressed, written consent of the podcast’s creator is prohibited.

Show Notes

How did the Supreme Court become so powerful? Dr. Ben Johnson contends that a "little-known rule change" and the Court's unkept promise in 1928 are to blame.

Dr. Johnson is an associate professor of law at the University of Florida Levin College of Law. He sat down with Robert to talk about the Court's question-selection process and how being able to "cherry-pick" legal questions has "transform[ed] the Court from a tribunal deciding cases into a super-legislator with little accountability."

Dr. Johnson has written on this topic in the Columbia Law Review and for The Atlantic.

Dr. Johnson and Robert also discussed originalism and how the current conservative justices on the Court have been unfaithful to the "history and tradition" approach they so frequently espouse.

Thank you for listening. Please share the podcast with your friends and colleagues, and rate and review the show.

Summarily is sponsored by BetterHelp and The Law Office of Scott N. Richardson, P.A. Click the BetterHelp link (BetterHelp.com/Summarily) for 10% off your first month of BetterHelp.

Send your questions, comments, and feedback to summarilypod@gmail.com.

Disclaimer: This podcast is for informational purposes only and is not an advertisement for legal services.  The information provided on this podcast is not intended to be legal advice.  You should not rely on what you hear on this podcast as legal advice. If you have a legal issue, please contact a lawyer.  The views and opinion expressed by the hosts and guests are solely those of the individuals and do not represent the views or opinions of the firms or organizations with which they are affiliated or the views or opinions of this podcast’s advertisers.  This podcast is available for private, non-commercial use only.  Any editing, reproduction, or redistribution of this podcast for commercial use or monetary gain without the expressed, written consent of the podcast’s creator is prohibited.