The Most Powerful Branch and Faux Originalism

Summarily - A Podcast for Busy Lawyers

How did the Supreme Court become so powerful? Dr. Ben Johnson contends that a "little-known rule change" and the Court's unkept promise in 1928 are to blame.
Dr. Johnson is an associate professor of law at the University of Florida Levin College of Law. He sat down with Robert to talk about the Court's question-selection process and how being able to "cherry-pick" legal questions has "transform[ed] the Court from a tribunal deciding cases into a super-legislator with little accountability."
Dr. Johnson has written on this topic in the Columbia Law Review and for The Atlantic.
Dr. Johnson and Robert also discussed originalism and how the current conservative justices on the Court have been unfaithful to the "history and tradition" approach they so frequently espouse.
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