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After a momentous term at the Supreme Court, what are we to make of it all? Josh Blackman, associate professor of law at the South Texas College of Law Houston, joins David and Sarah to help us all understand: Roberts' role at the center of the Court, Gorsuch and textualism, and Kagan's growing influence. David, Sarah, and Josh cover it all.
Show Notes:
-Make sure to read Sarah's piece on the Supreme Court term.
See omnystudio.com/listener for privacy information.
Appreciated the guest's candid disagreements with the justices. David and Sarah are typically more focused on explaining why a justice did what they did and don't spend too much time agreeing or disagreeing. I greatly value the explanatory approach (I'm not a lawyer or law student). But, as a liberal, I liked hearing a full-throated conservative take on all the cases that were discussed on this show over the last few weeks.
Great podcast!
Good to hear Josh Blackman on the podcast! I know I have come across his work on line, but now hearing his voice will make me to be sure to notice him when I come across him online.
The most interesting part (the whole podcast was interesting like the Q&A) was for me, at the beginning. When Blackman disagree's with David's Frenchman's assessment of Gorsuch's Textualism. Well, not fully disagreed but half disagreed. Methodically going through Gorsuch's cases and showing him starting at the 50 yard line rather than the starting zone of his own Textualist origins.
Which means, that Gorsuch's legal theory that he follows, in certain situations, he is willing to suspend for the sake of whatever idea's he is backing or in favor of.
Don't get me wrong, all ideologies taken to their extreme logical conclusion can be absurd without qualifiers. But it is fascinating to see, in real time as Blackman notes, where Gorsuch is wiggling out of his strictly Textualist base, in favor of....well, whatever he is in favor of.
But I think Blackman has swayed me into the camp of "He didn't completely follow Textualism" from David's "Yes he did".
Interesting. Good podcast.