Kill Judicial Supremacy or Die as a Republic | 4/8/25

Some of you might be celebrating the Supreme Court nibbling around the edges of lower-court tyranny, but make no mistake about it, we will still have to litigate every deportation one by one … unless we delegitimize judicial supremacism. We’re joined today by constitutional law professor Josh Blackman, who makes it clear that judicial supremacism was something nobody accepted until Cooper v. Aaron during the 1950s. He does not have faith in the current Supreme Court fully solving the problem and also makes the case that focusing on district court universal injunctions is also merely nibbling around the edges. He also explains the difference between a Thomas and a Barrett, those who are fighters vs. those who are climbers, and how Republicans have gotten judicial selection wrong for so many years. Learn more about your ad choices. Visit megaphone.fm/adchoices