Daphna Renan
speaker
126 appearances
1 recordings
1 series
first heard Sep 2026
last heard 4d ago
Daphna Renan’s voice in public audio — every appearance, attributed to the second.
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recordings per month · last 12 monthsRecordings per month over the last 12 months — 1 in all, peaking in Sep 2026 with 1.
Appearances
Resurrect through through the book.
Yeah.
So there's no question that Congress can and that it has enacted bad laws.
The question is.
Who decides what a bad law is and what do you do about it?
So if you let the Supreme Court decide what a bad law is, well, if you look at the history of horizontal review in the United States, the court has decided that a ban on child labor is a bad law, that an income tax is a bad law, that a voting rights act is a bad law, that um limiting corruption um and billionaires overrunning elections is a bad law.
Right?
If you don't let the court decide these questions, then there is an absolute risk of bad laws and what we need is politics to fight those bad laws to wipe them off the books.
And the reality is that
Almost universally in the United States, the way we have gotten rid of bad federal laws, there's a few examples and they loom large in conversations around judicial supremacy, but almost universally.
It has taken politics.
It has taken the court getting out of the way and the people either changing the law, repealing the law.
uh or making it of non effect.
And so the the argument for democratic constitutionalism at the core of our book is not an argument that protects us from a politics that would ever result in bad laws.
But what it does is it says it's not up to Sam Alito what a bad law is.
It's not up to one justice on the Supreme Court, uh one swing justice on the Supreme Court,
what a bad law is.
And if we think there's a bad law, then we need to organize and make our politics focused on getting rid of it.
So one last kind of
There's this incredible moment in the Supreme Court reargument in Brown where the justices are trying to figure out how do we have the power to tell states to stop segregation in their schools.
Showing 41–60 of 126 · page 3 of 7
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