The Roberts Court

Tuesday, October 08, 2013

U.S. Supreme Court (Steve Heap/Shutterstock)

The Supreme Court starts a new term this week with a key campaign finance case. Harvard law professor Mark Tushnet, In the Balance: Law and Politics on the Roberts Court (W. W. Norton & Company, 2013), discusses how political concerns influence the court's deliberations -- and the big cases being decided this term.


Mark Tushnet

Comments [12]

Ok not most, but it's the recent trend; the justices were faceless bureaucrats then few years on the curcit court then boom you are a member of the hightest court. Go figure being connected is good.

Oct. 08 2013 11:18 AM
Tyrone from Brooklyn

UGH! Brian specifically asks for the audience to post questions to this guest. I post the only one, and beyond that it is directly related to the conversation and he ignores it completely. You can't say that WNYC doesn't try to promote a narrative, because clearly it does.

Brian seems to prefer to preach to the choir rather than reach out and actually understand issues beyond the talking points, as he so often implies he does. Extremely disappointing. I guess for this type of conversation, we really don't need to support WNYC if we already have MSNBC for free.

Oct. 08 2013 11:06 AM
Brenda from East Harlem

Those in the GOP screamed their heads off about "activist judges" for years, then the minute they got a majority on the Supreme Court the Court repeatedly overturned long-settled precedent. If the Repubs ever again try to demonize liberal justices as "activist" their own (Court's) actions will blatantly belie their claims. (Although blatant lies by Republicans seems to not be a problem for them, so we know what to expect in the future.)

Oh, yeah, by the way Fishmael from Upstate NYC -- the GOP thinks Fox "News" is "fair and balanced" so what do you expect?

Oct. 08 2013 11:06 AM
Diana Clark from Chatham, NJ

Can Prof Tushnet say what points would be needed in a case going to the Supreme Court that could cause a reversal of Citizens United? It would be nice to have a map for a case that could accomplish that ... and how long would it be before they Court would agree to consider it?

Oct. 08 2013 11:05 AM

Most if not all of the justices were part of the political bureaucracy before being raised

Ie Thomas at the eeoc etc

They were good party men and rewarded.

Oct. 08 2013 11:02 AM
Barbara from Queens

Aren't supreme court justices taken out for dinner once in a while?

Oct. 08 2013 11:01 AM
Martin Chuzzlewit from Manhattan

BRIAN- you are correct ... all of the Lefties on the court vote along strict political lines.

Oct. 08 2013 10:58 AM
Fishmael from Upstate NYC

So, if the Supreme Court sees unlimited campaign contributions as "free speech", that's like calling a conversation where one person talks for 15 hours, and you talk for 15 minutes, "Democratic" and "fair" and "free".


Oct. 08 2013 10:58 AM
Martin Chuzzlewit from Manhattan

LOL, Brian only wants unions to be able to give hundreds of millions of dollars and from multiple funds ... and with no individual donor lists.

Oct. 08 2013 10:52 AM
John A

onair: "not give so much {money} that it would be corrupting."
So glad we caught that one in time, huh?

Oct. 08 2013 10:52 AM
Tyrone from Brooklyn

Please ask your guest if it there is an historical precedent for the President to create exemptions or otherwise place changes in a law that was passed, after the fact and with no oversight from congress or the courts. This is what we have here with Obama-care. It would seem to open up a rather large can of worms in terms of power. It doesn't pass the smell test for me. I believe reading long ago that this was found illegal by the Supreme court under the Nixon administration.

Somehow, I have very little faith that this question will be asked on the air, so chime in.

Oct. 08 2013 10:47 AM
Martin Chuzzlewit from Manhattan

Hey, BRIAN - Let's have some more of your breathless histrionics against the idea of the separation of powers and a non-imperial presidency.

Oct. 08 2013 10:46 AM

Leave a Comment

Email addresses are required but never displayed.

Get the WNYC Morning Brief in your inbox.
We'll send you our top 5 stories every day, plus breaking news and weather.