After America E7: Courting Disaster - Exploiting Judicial Power for Authoritarian Ends

Deep Dive with Shawn C. Fettig

What happens when a cornerstone of democracy begins to show cracks? On this episode of After America as we scrutinize the U.S. Supreme Court's transformation and its far-reaching impacts on American democracy. We trace key moments from Justice Antonin Scalia's death to the rapid confirmation of conservative justices under President Trump. This episode unpacks the historical roots of the judiciary, its intended role as an independent arbiter of justice, and the seismic shifts that have led to a 6-3 conservative supermajority.
We confront the controversies marring the Supreme Court's image, from contentious nomination processes to ethical dilemmas involving Justices Clarence Thomas, Samuel Alito, and Brett Kavanaugh. We also explore how these controversies are eroding public trust and threatening the judiciary's credibility. Landmark cases like Roe v. Wade and Dobbs v. Jackson Women's Health Organization underscore the judiciary's evolving influence on societal values and individual liberties, and alert us to the grave consequences of increasing partisan divides in judicial appointments.
Is American democracy at risk? We discuss how the judiciary might bolster or dismantle democratic values amid these challenges. From the strategic delays in confirming justices to the potential chaos of a future Trump presidency, this episode offers a sobering look at the judiciary's pivotal role in safeguarding—or undermining—democratic principles.
Guests: Dr. Sara Benesh, Dr. Tara Grove, Dr. David Faris, Dr. Tom Ginsburg, and Stephen Marche
Credits:
Infados - Kevin MacLeod
Dark Tales: Music by Rahul Bhardwaj from Pixabay

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Music:
Majestic Earth - Joystock
Acoustic Folk Instrumental - Hyde

Chapters

1. After America E7: Courting Disaster - Exploiting Judicial Power for Authoritarian Ends (00:00:00)

2. Judiciary's Role in Democracy (00:00:04)

3. The Role of the Judiciary" (00:08:16)

4. Supreme Court Nomination Controversies (00:21:34)

5. Political Parties and Judicial Independence (00:27:34)

6. Threats to American Democracy (00:41:06)

7. Chaos and Authoritarianism (00:52:34)