121. Judicial Jujitsu
Not since Roe v. Wade has the Supreme Court committed such a brazen act of judicial jujitsu. Stealing the powers granted to the states and, thereby, to the people, five lawyers decreed that their policy preferences will be the law of the land.
Jay and Mona discuss process, and why it matters, and ask whether we might as well just accept reality – judges are legislators. Since they clearly cannot resist abusing their power, let’s amend the Constitution and elect justices of the Supreme Court.
There was a lot to chew on from the nine robed ones this week, and Need to Know gives full coverage. There’s room for a story or two (a very accomplished movie composer died in a plane crash), a couple of jokes, and some Buckleyisms. The podcast closes with a lovely grace note from Jay about a great dancer bowing out.
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