Last term, the Supreme Court’s conservative majority showed that it was unafraid of flexing its muscle when it voted to overturn Roe v. Wade—a landmark ruling that had been in place for nearly half a century. Now that the Supreme Court has begun a new term, how can progressives prepare for a conservative majority that’s highly skeptical of government power?
Yale Law professor Amy Kapczynski has unique insight into what the Supreme Court could do this term, and what it means for the current and future state of our democracy. Amy, a former AIDS activist, is faculty co-director of Yale’s Law and Political Economy (LPE) Project, which seeks to explain how the law shapes our economy, and what that means for our ability to solve urgent social problems.
“It’s going to be very hard to do,” she tells Felicia and Michael, “to tackle changes that are existential for the United States, like climate change, without addressing the actual persons and the majority on this court.”
Amy, who has clerked at the Supreme Court for Justices Sandra Day O’Connor and Stephen Breyer, discusses the future of the court and its expected voting record, legal originalism’s impact on modern justices, and why progressives need to move from a defensive position to a positive vision if they want to protect the Constitution and democracy’s commitment to equality, racial justice, and reproductive freedom.
Presented by the Roosevelt Institute, The New Republic, and PRX. Generous funding for this podcast was provided by the William and Flora Hewlett Foundation and Omidyar Network. Views expressed in this podcast do not necessarily reflect the opinions and beliefs of its funders.
You can find transcripts and related resources for every episode at howtosaveacountry.org.