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We the People

Podcast We the People
Podcast We the People

We the People

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Episodios disponibles

5 de 376
  • The Biden Supreme Court Commission
    On April 9, 2021, President Biden issued Executive Order 14023 forming the Presidential Commission on the Supreme Court of the United States. The Commission is comprised of a bipartisan group of experts on the Court—from former federal judges and practitioners, to legal scholars and historians—who have been tasked with analyzing arguments and the merits and legality of proposals in the current public debate for and against Supreme Court reform. Last week, after months of research and expert testimony, the Commission released discussion materials in the form of five separate reports. It then held a public hearing to discuss the various topics and reform ideas presented, including whether to enact Supreme Court term limits, increase the number of justices on the Court, or reexamine the Court’s practices and procedures. Its final report is expected on November 14. Two of the scholars who testified before the Commission—Jamal Greene of Columbia Law School and Michael McConnell of Stanford Law School—join host Jeffrey Rosen on this week’s episode to discuss the Commission, which reforms they are evaluating have bipartisan support and might be achievable—and whether they should and can be enacted. The work of the National Constitution Center’s Constitution Drafting Project—which both Greene and McConnell participated in as well—was also cited in both the Commission materials and in expert testimony. Visit https://constitutioncenter.org/debate/special-projects/constitution-drafting-project for more info. Additional resources and transcript available in our Media Library at constitutioncenter.org/constitution. Questions or comments about the show? Email us at [email protected]
    10/22/2021
    53:22
  • Should Congress Regulate Facebook?
    Facebook whistleblower Frances Haugen recently testified before the Senate Subcommittee on Consumer Protection, telling senators that Facebook and Instagram stoke division, harm children, and avoid transparency and any consequences for their damaging effects. Her testimony amplified calls for regulation of the platforms. On today’s episode we consider a variety of proposed reforms, whether they would violate any other laws and whether they would be constitutional. Host Jeffrey Rosen is joined by internet law experts Jeff Kosseff of the United States Naval Academy and Nate Persily of Stanford Law School. They also consider why it is so difficult to regulate the platforms as well as the unintended consequences that may arise if they are regulated, and unpack prior cases on free speech that influenced the overall approach to Internet regulation from its very beginning, including the passage of Section 230 of the Communications Decency Act. Questions or comments about the show? Email us at [email protected] Additional resources and transcript available in our Media Library at constitutioncenter.org/constitution.
    10/14/2021
    56:11
  • The Supreme Court’s “Shadow Docket”
    Last week, Supreme Court Justice Samuel A. Alito gave a speech responding to criticism of the Supreme Court’s emergency docket levied by, among others, his fellow Justices Elena Kagan and Stephen Breyer. On this week’s episode, we explain what types of cases comprise the Court’s the emergency docket—sometimes referred to as the “shadow docket,” a term coined by scholar Will Baude—and whether the Court’s approach to emergency decision-making has changed in recent years, and why. Host Jeffrey Rosen is joined by law professors Jennifer Mascott of George Mason Law School and Stephen Vladeck of the University of Texas Law School, both of whom testified before the Senate Judiciary Committee at its hearing about the shadow docket this week. They illuminate current debates surrounding the shadow docket and detail some recent decisions that have drawn increased scrutiny to the Court’s emergency rulings, including in COVID-related cases, the Texas abortion case, and in challenges to some of President Trump’s immigration policies. Additional resources and transcript available in our Media Library at constitutioncenter.org/constitution. Questions or comments about the show? Email us at [email protected]
    10/7/2021
    57:49
  • Supreme Court 2021-22 Term Preview
    Monday, October 4, will be the first day of oral arguments in the new 2021-22 Supreme Court term. On this week’s episode, Supreme Court journalists Kimberly Atkins Stohr of Boston Globe Opinion and Jess Bravin of The Wall Street Journal join host Jeffrey Rosen to preview the forthcoming term’s blockbuster cases on issues including abortion, religion, guns, free speech, state secrets, and more. Cases discussed include: New York State Rifle & Pistol Association, Inc. v. Bruen Dobbs v. Jackson Women’s Health Organization Houston Community College System v. Wilson Carson v. Makin City of Austin, Texas v. Regan Nat’l Advertising of Texas United States v. Vaello-Madero Hemphill v. New York United States v. Tsarnaev United States v. Zubaydah Federal Bureau of Investigation v. Fazaga CVS Pharmacy, Inc. v. Doe Ramirez v. Collier Shinn v. Ramirez Students for Fair Admissions v. Harvard Additional resources and transcript available in our Media Library at constitutioncenter.org/constitution. Questions or comments about the show? Email us at [email protected]
    10/1/2021
    1:03:54
  • Federal Judges on Blockbuster Supreme Court Cases
    Three judges from the Third Circuit Court of Appeals joined host Jeffrey Rosen for a live panel held on September 17, Constitution Day, the anniversary of the signing of the Constitution. They shared an inside look into some of their rulings that then became blockbuster Supreme Court cases. Judge Cheryl Ann Krause discussed her ruling in the case involving a cheerleader who was punished for a Snapchat, Mahanoy Area School District v. B.L. Judge Stephanos Bibas spoke on his decision in one of the major Trump campaign challenges to the 2020 election results, Donald Trump for President, Inc v. Secretary Commonwealth of Pennsylvania. And Judge Marjorie Rendell shared insight into her decision in Fulton v. City of Philadelphia, the case spurred by the city barring Catholic Social Services (CSS) from placing children in foster homes because CSS refused to allow same-sex couples to be foster parents. The judges also reflected on their work more broadly, their efforts to find compromise among colleagues with differing opinions, and their important roles in American government. Additional resources and transcript available in our Media Library at constitutioncenter.org/constitution. Questions or comments about the show? Email us at [email protected]
    9/24/2021
    56:40

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