Jeffrey Toobin - "Conservatizing" the Supreme Court

Complete video at: http://fora.tv/2008/03/03/Inside_the_Secret_World_of_the_Supreme_Court

CNN Senior Legal Analyst Jeffrey Toobin examines ongoing efforts to "conservatize" the Supreme Court, starting with judicial appointments made by the Reagan Administration.

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Legal analyst and journalist Jeffrey Toobin discusses The Nine: Inside the Secret World of the Supreme Court as part of the Herman Schwartz Distinguished Lecture Series on Justice, cosponsored by Milano The New School for Management and Urban Policy and the Alliance for Justice

Toobin, a staff writer at the New Yorker and senior legal analyst for CNN, is one of the most highly regarded legal journalists in the country.

In his lecture, Toobin will discuss the history, politics, and interpersonal dynamics of the Supreme Court - The New School

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[sugarpuddin88]

I always thought Supreme Court justices were supposed to represent the US Constitution - Not some political agenda

F@ck!

[etsneroj]

I don't recall any passage in Marbury that supports that proposition. But maybe you can cite it for us.

[UdallIn72]

@sugarpuddin88

Well, keep in mind that the Constitution, by necessity is written in "open textured" language. There's a lot of deferred controversy in terms like "equal protection of the laws," "commerce among the states," "cruel and unusual punishment," and "due process of law".

It's a fact of life that political considerations are going to drive, at least to some extent, the interpretation of that langugage.

Keep in mind also that the SCOTUS' work isn't all in constitutional law.

[writersblock26]

Thank you for posting this, ForaTv.

[sealhunta]

if only she retired 3 years later

[iamprov]

Not that straightforward... Justice Marshall was expounding the idea of an expansive "living" constitution as early as 200 years ago. Marbury, Mculloch...etc

[dane3026]

Sugarpuddin, agreed. Then the Constitution should catch-up to the Court or the Court should start applying the Constitution instead of "reflecting society." The current Wash. D.C. gun case is a good example. Obama has commented that the 2nd Amendment protects an individual's right to posses guns. If we want to change that, we must FIRST amend the Constitution - not allow the Supreme Court usurp that process by unilaterally "reflecting society."

[sugarpuddin88]

Bork was not confirmed because Congress remembered what kind of a sellout he was under Nixon!

Sheesh!