EP 636 An ‘Imperial Supreme Court’ Asserts Its Power

The conventional criticism of the current make up of the U.S. Supreme Court is that it is populated by a majority of rabid right wing partisans, overturning precedents in order to achieve political objectives. And that its decisions are out of step with a majority of Americans. Our guest, Mark Lemley, Professor of Law at Stanford University, has an even more searing critique as he argues that the Supreme Court is making an unprecedented power grab as it takes decision-making away from both other government institutions and individuals and retains authority never before envisioned for itself. Of all the trampling he sees to Congressional authority, administrative agencies of the federal government, and state legislatures, his clearest red flag is the impact this Court is having on lower federal courts and their role in our delicate republic. It’s such an important topic not getting the attention it deserves.