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Can’t Reform the Court’s Power? Then Let’s Take It Away.

On this episode of the Contempt of Court podcast, a deep dive into jurisdiction stripping.

Elie Mystal

August 15, 2023

People protest in response to the Dobbs v. Jackson Women’s Health Organization ruling in front of the US Supreme Court on June 24, 2022 in Washington, DC.(Brandon Bell / Getty Images)

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Stripping The Court of Its Power | Contempt of Court with Elie Mystal
byThe Nation Magazine

Instead of reforming how the Supreme Court uses its power, what if we took its power away?

Harvard Law School professor, Ryan Doerfler, and Michigan Law School Professor Leah Litman join Elie Mystal's Contempt of Court podcast to discuss their perspectives on jurisdiction stripping. 

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So far on this podcast, we’ve talked about various reforms of the Supreme Court—court expansion, term limits, court balancing, and ethics reform. All of these accept the premise that the Supreme Court should keep its power over the elected branches of government. These reforms are focused on forcing the court to use its power more fairly, more justly, and with less mustache-twirling corruption.

While those are noble goals, but I’ve begun to think the underlying premise is flawed. Instead of reforming how the Supreme Court uses its power, what if we took its power away?

Harvard Law School professor Ryan Doerfler and Michigan Law School professor Leah Litman join the podcast to discuss their perspectives on jurisdiction stripping.

The Nation Podcasts

Here's where to find podcasts from The Nation. Political talk without the boring parts, featuring the writers, activists and artists who shape the news, from a progressive perspective.

Delegitimize The Supreme Court | Contempt of Court with Elie Mystal
byThe Nation Magazine

This is the eighth and final episode of Contempt of Court, our podcast series about reforming the Supreme Court. On this episode, we’re going to talk about the court’s only true form of power: legitimacy.

To discuss potential paths toward delegitimizing the Court, my first guest on this episode is Harvard Law School professor, Nikolas Bowie. He makes a compelling case that the people, through their representatives, should be the ones in charge, not the Supreme Court.

Afterward, Rhiannon Hamam, host of the fantastic Supreme Court podcast 5-4, has some thoughts on what’s happening on the ground, as people try to take back power from the Court through direct action.

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Elie MystalTwitterElie Mystal is The Nation’s justice correspondent and the host of its legal podcast, Contempt of Court. He is also an Alfred Knobler Fellow at the Type Media Center. His first book is the New York Times bestseller Allow Me to Retort: A Black Guy’s Guide to the Constitution, published by The New Press. Elie can be followed @ElieNYC.


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