Daphna Renan

speaker
126 appearances 1 recordings 1 series first heard Sep 2026 last heard 6d ago

Daphna Renan’s voice in public audio — every appearance, attributed to the second.

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Recordings per month over the last 12 months — 1 in all, peaking in Sep 2026 with 1.

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around for a very long time, but that the court has increasingly
kind of honors only in the breach and and today has like stopped even saying that it needs to to recognize Congress's constitutional judgment as a legitimate judgment worthy of deference.
So that's one one possibility that that could be on the table.
Nico, did you want to add others?
And it's worth noting that most of the things that Congress can do, Congress has done across American history.
So it has made the size of the court bigger and smaller.
has taken away injunctive relief in labor cases or in tax cases.
It has channeled jurisdiction to a DC circuit.
It has limited when and why and how the Supreme Court can review certain issues.
Um it has bifurcated.
It's canceled Supreme Court terms.
It's canceled Supreme Court terms.
It's bifurcated review so that uh certain issues go to a new court that it's created while other issues go to the district court's.
through ordinary litigation.
So there's just history offers a range of examples of what Congress has in fact already done and and these tools remain available.
So the the problem is that today we have a constitutional culture and a dominant constitutional ideology that says the court gets to reject the constitutional judgment of the people reflected in federal statutes.
And we need a constitutional culture and a constitutional
theory that puts that judgment reflected in federal statutes front and center in the way that we interpret the constitution.
I also think that that would create a more um independent and um legitimate court because part of the problem that we have created in this country is that there are questions that we have deep political divisions over.
And you can't find an answer by reading three words on the constitution over and over and over again and upside down.
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