Defying The Supreme Court | Ryan Doerfler | TMR

Live-streamed on April 25, 2024

 Ryan Doerfler, law professor at Harvard University, discusses his recent piece in Dissent Magazine entitled “We Are Already Defying the Supreme Court”, co-authored with Samuel Moyn.

https://hls.harvard.edu/faculty/ryan-d-doerfler/

https://www.dissentmagazine.org/article/we-are-already-defying-the-supreme-court/

https://twitter.com/samuelmoyn?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor

Professor Ryan Doerfler and Emma then look to the long history of non-compliance – and even outright defiance – in the face of Supreme Court rulings considered unjust, with Professor Doerfler walking us through the more extreme precedents set by the presidencies of Abraham Lincoln and FDR to issue direct challenges to the court, alongside the much more recent tradition of administrative non-compliance or policy loopholes as seen in the fights for affirmative action, student loan forgiveness, and more. After stepping back to look at the myth of Marbury v. Madison’s role in legitimizing judicial activism – a tactic that the Supreme Court would not truly take on until the Civil War era, Professor Doerfler explores how the conversation around the ever-changing scope of the Supreme Court became isolated from the public to solely and intra-governmental affair over the second half of the 20th Century, in a weird conflation of the rule of law and the rule of the courts. Ryan and Emma look at the current era of backlash to the Supreme Court, from the Hobbs decision to attacks on the administrative state, and what we can do to get Democrats to start fighting back, before wrapping up with a brief conversation on the stunning bravery of anti-war student activists at Harvard and across the US.

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Видео Defying The Supreme Court | Ryan Doerfler | TMR канала The Majority Report w/ Sam Seder