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The Ezra Klein ShowFeb 4, 2022

Let’s Talk About How Truly Bizarre Our Supreme Court Is

Summary, books mentioned, transcript quotes, and timestamps for Let’s Talk About How Truly Bizarre Our Supreme Court Is on The Ezra Klein Show.

Notable books mentioned: How Rights Went Wrong by Jamal Green, Roe v. Wade, Planned Parenthood v. Casey, Right Talk by Mary Ann Glendon

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How Rights Went Wrong cover
Mentioned at 1:31
How Rights Went Wrong
Jamal Green

The host mentions 'How Rights Went Wrong' to highlight Jamal Green's critique of American constitutional law and its implications on society. Green…

Roe v. Wade cover
Mentioned at 34:59
Roe v. Wade

The host discusses the implications of the Dobbs v. Jackson Women's Health Organization case, which could significantly impact Roe v. Wade. They re…

Planned Parenthood v. Casey cover
Mentioned at 34:59
Planned Parenthood v. Casey

The host discusses the implications of the upcoming Dobbs v. Jackson Women's Health Organization case and its potential impact on Roe v. Wade and P…

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Let’s Talk About How Truly Bizarre Our Supreme Court Is
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Episode summary, books & quotes

Let’s Talk About How Truly Bizarre Our Supreme Court Is mentions How Rights Went Wrong by Jamal Green, Roe v. Wade, Planned Parenthood v. Casey, and Right Talk by Mary Ann Glendon with timestamps, quotes, and episode context.

Episode summary
“Getting race wrong early has led courts to get everything else wrong since,” writes Jamal Greene. But he probably doesn’t mean what you think he means. Greene is a professor at Columbia Law School, and his book “How Rights Went Wrong” is filled with examples of just how bizarre American Supreme Court outcomes have become. An information processing company claims the right to sell its patients’ data to drug companies — it wins. A group of San Antonio parents whose children attend a school with no air-conditioning, uncertified teachers and a falling apart school building sue for the right to an equal education — they lose. A man from Long Island claims the right to use his homemade nunchucks to teach the “Shafan Ha Lavan” karate style, which he made up, to his children — he wins. Greene’s argument is that in America, for specific reasons rooted in our ugly past, the way we think about rights has gone terribly awry. We don’t do constitutional law the way other countries do it. Rather, we recognize too few rights, and we protect them too strongly. That’s created a race to get everything ruled as a right, because once it’s a right, it’s unassailable. And that’s made the stakes of our constitutional conflicts too high. “If only one side can win, it might as well be mine,” Greene writes. “Conflict over rights can encourage us to take aim at our political opponents instead of speaking to them. And we shoot to kill.” It’s a grim diagnosis. But, for Greene, it’s a hopeful one, too. Because it doesn’t have to be this way. Supreme Court decisions don’t have to feel so existential. Rights like food and shelter and education need not be wholly ignored by the courts. Other countries do things differently, and so can we. This is a crucial moment for the court. Stephen Breyer is retiring. And in this term alone, the 6-3 conservative court is expected to hand down crucial decisions on some of the most divisive issues in American life: abortion, affirmative action, guns. So this is, in part, a conversation about the court we have and the decisions it is likely to make. But it’s also about what a radically different court system could look like. We discuss the Supreme Court’s recent decisions on vaccine mandates, why Greene thinks judicial decision-making is closer to punditry than constitutional interpretation, the stark differences in how the German and American Supreme Courts handled the issue of abortion, Greene’s case for appointing nearly 200 justices to the U.S. Supreme Court, why we even have courts in the first place and much more. Mentioned: The Ezra Klein Show is hiring a managing producer. Learn more here. Book Recommendations: Rights Talk by Mary Ann Glendon Law and Disagreement by Jeremy Waldron Cult of the Constitution by Mary Anne Franks Thoughts? Guest suggestions? Email us at [email protected]. You can find transcripts (posted midday) and more episodes of “The Ezra Klein Show” at nytimes.com/ezra-klein-podcast, and you can find Ezra on Twitter @ezraklein. Book recommendations from all our guests are listed at https://www.nytimes.com/article/ezra-klein-show-book-recs. “The Ezra Klein Show” is produced by Annie Galvin, Jeff Geld and Rogé Karma; fact-checking by Michelle Harris and Kristina Samulewski; original music by Isaac Jones; mixing by Jeff Geld; audience strategy by Shannon Busta. Our executive producer is Irene Noguchi. Special thanks to Kristin Lin.
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Summary, books mentioned, transcript quotes, and timestamps for Let’s Talk About How Truly Bizarre Our Supreme Court Is on The Ezra Klein Show.

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  • The conversation centers on abortion rights legal cases.
  • A second recurring theme is constitutional conflict analysis.
  • Referenced books include How Rights Went Wrong by Jamal Green and Roe v. Wade.
  • The strongest audience signal points to Law students and legal professionals and Legal scholars and those interested in abortion rights.

Which books are mentioned in Let’s Talk About How Truly Bizarre Our Supreme Court Is?

How Rights Went Wrong by Jamal Green, Roe v. Wade, and Planned Parenthood v. Casey are the clearest linked books in this episode, each tied back to transcript timestamps and quote cards.

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Mention sentiment
Deep Dive(3)Highly Recommended(3)
Audience signals
Law students and legal professionalsLegal scholars and those interested in abortion rightsLegal scholars and those interested in reproductive rightsIndividuals interested in constitutional law and political discourseIndividuals interested in constitutional law and political philosophyIndividuals interested in constitutional law and political theory

Books Mentioned

How Rights Went Wrong cover
Best for Law students and legal professionalsOften cited around U.S. constitutional law

Jamal Green is a professor at Columbia Law School. He's the author of a book called How Rights Went Wrong, and in it, he argues that America does constitutional law all wrong.

View mention details
Sentiment: Deep Dive
For: Law students and legal professionals
Key quote: Green's argument is that U.S. constitutional law is built around a canon of cases that have shaped not only the legal character of the judiciary and the way it thinks, but also its social and cultural dimensions.
The host mentions 'How Rights Went Wrong' to highlight Jamal Green's critique of American constitutional law and its implications on society. Green argues that the U.S. approach to rights is fundamentally flawed, leading to significant social and legal consequences.
ASIN: B08B3JM1CV
Buy on Amazon
Roe v. Wade cover
Best for Legal scholars and those interested in abortion rightsOften cited around abortion rights legal cases

The discussion revolves around the implications of Roe v. Wade and its potential overruling or modification by the current court.

View mention details
Sentiment: Deep Dive
For: Legal scholars and those interested in abortion rights
Key quote: So you spend quite a bit of time in the book on abortion, and you use the legal path it took in Germany as counterfactual for what could have happened here.
The host discusses the implications of the Dobbs v. Jackson Women's Health Organization case, which could significantly impact Roe v. Wade. They reference a book that explores the legal journey of abortion rights in Germany as a counterfactual to the U.S. situation.
ASIN: 081541093X
Buy on Amazon
Planned Parenthood v. Casey cover
Best for Legal scholars and those interested in reproductive rightsOften cited around abortion rights legal cases

The mention of Planned Parenthood v. Casey highlights its relevance in the ongoing legal discussions about abortion rights.

View mention details
Sentiment: Deep Dive
For: Legal scholars and those interested in reproductive rights
Key quote: So you spend quite a bit of time in the book on abortion, and you use the legal path it took in Germany as counterfactual for what could have happened here.
The host discusses the implications of the upcoming Dobbs v. Jackson Women's Health Organization case and its potential impact on Roe v. Wade and Planned Parenthood v. Casey. They reference the book to highlight a comparative analysis of abortion laws in Germany and the lessons that can be drawn from that legal framework.
ASIN: B08M6JR9QL
Buy on Amazon
Right Talk cover
Right Talk
Mary Ann Glendon
Best for Individuals interested in constitutional law and political discourseOften cited around constitutional conflict analysis

An older book from the 1990s that diagnoses some of the same problems related to how rights went wrong.

View mention details
Sentiment: Highly Recommended
For: Individuals interested in constitutional law and political discourse
Key quote: One is a book called Right Talk, which is an older book from the 1990s by Mary Ann Glendon, which diagnosis some of the same problems that I diagnosed in how rights went wrong.
The host mentions 'Right Talk' by Mary Ann Glendon as a valuable resource for understanding the issues surrounding rights and constitutional conflicts. The book provides a conservative perspective that complements the host's own views, highlighting common ground across ideological divides.
ASIN: 0029118239
Buy on Amazon
Law and Disagreement cover
Law and Disagreement
Jeremy Waldron
Best for Individuals interested in constitutional law and political philosophyOften cited around constitutional conflict

A book about the problem of law being fundamentally connected to the fact that we reasonably disagree about many things.

View mention details
Sentiment: Highly Recommended
For: Individuals interested in constitutional law and political philosophy
Key quote: Another is Law and Disagreement by Jeremy Waldron, who is a philosopher, but is more accessible than most philosophers, I'd say, whose book is really about the problem of law being so fundamentally connected to the fact that we reasonably disagree about so many things.
The host mentions 'Law and Disagreement' to highlight the philosophical exploration of how law is intertwined with the reality of reasonable disagreement among people. This book is suggested for those interested in understanding the complexities of legal interpretation and constitutional issues from a more nuanced perspective.
ASIN: 0199243034
Buy on Amazon
The Cult of the Constitution cover
Best for Individuals interested in constitutional law and political theoryOften cited around constitutional conflict analysis

A more recent book that emphasizes how we tend to fetishize certain kinds of constitutional rights.

View mention details
Sentiment: Highly Recommended
For: Individuals interested in constitutional law and political theory
Key quote: The third book, I'd say, is a more recent book by Mary Ann Frank called The Cult of the Constitution, which emphasizes ways in which we tend to fetishize certain kinds of constitutional rights instead of sort of stepping back and thinking more purposefully about what the Constitution is really for.
The host mentions 'The Cult of the Constitution' to highlight the tendency to fetishize constitutional rights without a deeper understanding of their purpose. This book is suggested for those interested in rethinking how constitutional issues are approached in contemporary discourse.
ASIN: B07QC891PX
Buy on Amazon

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