Josh Blackman on Cooper v. Aaron and Judicial Universality

Ipse Dixit

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6+ y ago 34:14

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In this episode, Josh Blackman, Associate Professor of Law at the South Texas College of Law Houston, discusses his article "The Irrepressible Myths of Cooper v. Aaron," which will be published in the Georgetown Law Journal. Blackman begins by explaining what happened in the Supreme Court case Cooper v. Aaron and describing the historical context in which the case was decided, as the Supreme Court tried to enforce its decisions in Brown v. Board of Education against massive Southern resistance. He observes that the Court relied on concepts of both judicial supremacy and judicial universality, and asks how effectively it marshaled each premise. He traces the evolution of the opinion through the papers of the justices, and how the Court reached its ultimate conclusion. And he argues that Cooper v. Aaron and its aftermath emphasizes that the Supreme Court is still a court, and that its decisions must still be implemented by the executive branch. Blackman is on Twitter at @JoshMBlackman.

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