"The Constitution Includes Everybody" Live at Harvard Law School

Law School gives you the tools to think about cases like a lawyer, and 5-4 gives you the tools to think about them like a human being.

Hi, everybody.

It's Peter, one of the hosts of 5-4.

We had to travel this week for a speaking engagement, so we were going to take the week off, but instead, we're going to share with you a panel we were on at Harvard Law School a few months back with Ryan Dorfler, a Harvard law professor, and Medeba Denny, a legal analyst and author.

We were were there to talk about court reform as well as how to build a response to originalism, which dovetails nicely with the fact that Madiba's new book, The Originalism Trap, just hit the stores.

And no, I'm not being paid to say that.

I am just trying to get better at networking.

This is 5-4, a podcast about how much the Supreme Court sucks.

Rhiannon, Peter, and Michael have seemingly done the impossible, found a way to talk about the many failures and absurdities of the Supreme Court and make it entertaining.

Please put your hands together for Mediba Denny, Ryan Dorfler, and 5-4.

Well, first of all, thanks for the warm welcome.

This is very nice.

I do want to preface this by saying this isn't the most hungover I've been while talking about law, but it's up there.

You know,

we're in contention, it's in the conversation.

I think it makes sense to sort of like walk through our perspectives about court reform one by one.

I think, you know, we've always sort of pushed this basic line that you need to decide what you are trying to accomplish when you talk about court reform.

That some people are talking about trying to sort of just take the heat out and reduce the power of the court and

sort of

address it at the structural level and therefore Sam Alito has less power or whatever.

Others, we've always sort of endorsed this idea that if you're really talking about trying to accomplish progressive political goals, then what you should be talking about is things like packing the court where you can just reverse the will of Sam Alito by force.

Not super popular in Congress, but I think that sort of represents one edge of the conversation.

And then there's sort of the doctrinal angle.

And there's a ton of interesting discussions to be had around there.

And so maybe we start with you, Medeba.

And you can sort of,

I don't want to say like summarize your book or something,

but just sort of

how do you think of court reform?

What angle are you coming from here?

Sorry, Mediba, I have to interrupt.

I'm so sorry.

There's perhaps a really even more important event today

than

this panel.

It is Chief Justice John Roberts' birthday today.

69-year-old loser.

So

very awful birthday to you, sir.

Yeah, in honor of John Roberts' birthday, let's talk some shit about the courts, right?

Okay, so

my position on court reform, obviously pro.

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Thanks.