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Jill Lepore

๐Ÿ‘ค Speaker
777 total appearances

Appearances Over Time

Podcast Appearances

99% Invisible
Constitution Breakdown #8: Jill Lepore

So we want to gain power and we want to gain seats on the federal bench because

99% Invisible
Constitution Breakdown #8: Jill Lepore

But then we don't want to do what they did because we've been saying that's not allowed and we can't be that hypocritical.

99% Invisible
Constitution Breakdown #8: Jill Lepore

So they're like, OK, well, what we're going to do actually from the bench is return to the original meaning, original understanding of the Constitution.

99% Invisible
Constitution Breakdown #8: Jill Lepore

And it's that logic that gets you to that's how ultimately they overturn Roe v. Wade with the Dobbs decision in 2022 by saying, you know, the right to privacy is not in the Constitution.

99% Invisible
Constitution Breakdown #8: Jill Lepore

We can't.

99% Invisible
Constitution Breakdown #8: Jill Lepore

amend from the bench, that's wrong.

99% Invisible
Constitution Breakdown #8: Jill Lepore

But what we'll do is we'll return our interpretation to the original meaning of the Constitution.

99% Invisible
Constitution Breakdown #8: Jill Lepore

So it's a way of exercising a tremendous amount of judicial power in the guise of not constitutional change, but constitutional restoration.

99% Invisible
Constitution Breakdown #8: Jill Lepore

Yeah.

99% Invisible
Constitution Breakdown #8: Jill Lepore

Yeah.

99% Invisible
Constitution Breakdown #8: Jill Lepore

It's really kooky.

99% Invisible
Constitution Breakdown #8: Jill Lepore

And like, the more you look at it, just like flat, like, like, look at it, look at it.

99% Invisible
Constitution Breakdown #8: Jill Lepore

You're like, it's just such a rank nonsense.

99% Invisible
Constitution Breakdown #8: Jill Lepore

And it also isn't original.

99% Invisible
Constitution Breakdown #8: Jill Lepore

It's not how anyone interpreted the Constitution when the Constitution was first put into effect.

99% Invisible
Constitution Breakdown #8: Jill Lepore

So it's odd, but it is in tension with, again, what I call the philosophy of amendment.

99% Invisible
Constitution Breakdown #8: Jill Lepore

If the point of the Constitution is a point of the Constitution is going to provide stability and transparency and accountability, but it can also be changed through this peaceful means.

99% Invisible
Constitution Breakdown #8: Jill Lepore

The idea that the obligation of the Supreme Court is to keep turning back the clock, keep undoing change, seems to me to contradict the original Constitution.

99% Invisible
Constitution Breakdown #8: Jill Lepore

I mean, I think I try to say like think about originalism like I I think very smart people are originalists and they're very smart, very principled people.

99% Invisible
Constitution Breakdown #8: Jill Lepore

And I respect them.