Podcast Summary: "Has the Supreme Court Always Been This Terrible?" featuring MacKenzie Joy Brennan

Podcast Information:

• Title: You're Wrong About
• Host/Author: Sarah Marshall
• Episode: Has the Supreme Court Always Been This Terrible? with MacKenzie Joy Brennan
• Release Date: July 22, 2024
• Description: Sarah Marshall explores misconceptions about the Supreme Court's role and performance, featuring attorney and constitutional scholar MacKenzie Joy Brennan.

1. Introduction

Sarah Marshall opens the episode by questioning the current state of the U.S. Supreme Court, hinting at its controversial decisions and the perceived decline in its integrity. She sets the stage for a deep dive into the Court's functionality, its claimed powers, and the concept of originalism.

Sarah (00:01): "What even are words if not a way to massage the average voter's brain into a jelly?"

2. Guest Introduction: MacKenzie Joy Brennan

MacKenzie Joy Brennan, an attorney and constitutional scholar, shares her background and personal connection to the Supreme Court. She expresses her frustration with the Court's recent decisions and highlights her work in abortion law and media commentary.

MacKenzie Joy Brennan (04:40): "Abusive relationship."

Sarah (06:10): "So there's a little bit of a family of superheroes kind of equality to all this."

3. Understanding Originalism

The discussion shifts to originalism, a legal philosophy advocating that the Constitution should be interpreted based on the original intent of its framers. MacKenzie traces the rise of originalism to Robert Bork and criticizes its adoption as a tool for political maneuvering.

MacKenzie Joy Brennan (04:19): "There's been a real turn in politicization of the Court. And in my humble opinion, I think that really started with Robert Bork and with the introduction of originalism."

Sarah (07:11): "How long has originalism been around?"

MacKenzie Joy Brennan (07:35): "That is the first intentional hoodwink because it really gained popularity in the 1980s."

4. Historical Context: Robert Bork and the Evolution of the Court

MacKenzie delves into Robert Bork's contentious nomination to the Supreme Court, emphasizing his role in promoting originalism and his opposition to pivotal civil rights legislation.

MacKenzie Joy Brennan (09:26): "He was not approved to the Supreme Court."

Sarah (12:00): "They also don't do longer. Really."

5. The Supreme Court's Modern Challenges

The conversation highlights current justices' misconduct, improper appointments, and ethical concerns. MacKenzie points out how lifetime appointments and the politicization of nominations have led to a Court perceived as biased and corrupt.

MacKenzie Joy Brennan (24:20): "We have credible sexual misconduct and then perjury about the facts surrounding that misconduct."

Sarah (27:10): "It feels like an important part of the GOP rulebook to very strongly enforce morals that you then don't follow."

6. Impact of Originalism on Constitutional Interpretation

Originalism's influence has led to significant shifts in how the Constitution is interpreted, often disregarding precedent and adapting it to fit contemporary conservative agendas. The discussion includes the landmark case D.C. vs. Heller and the overturning of Chevron.

Sarah (34:12): "They were like, oh, yeah, okay. Originalism. Right to firearms."

MacKenzie Joy Brennan (36:12): "Originalism was arrogance cloaked as humility."

7. Recent Supreme Court Decisions and Their Implications

The episode reviews recent Supreme Court decisions that have altered agency authority and constitutional rights, emphasizing the Court's increasing power and its departure from traditional checks and balances.

MacKenzie Joy Brennan (40:00): "They just have to make sure that no one catches on to what they're doing."

Sarah (42:37): "Because it feels like this interesting kind of jiu jitsu move..."

8. Potential Solutions and Paths Forward

MacKenzie offers constructive solutions to address the Supreme Court's issues, including pressuring Chief Justice Roberts for ethical reforms, advocating for term limits, eliminating the filibuster for appointments, and increasing public engagement and voting.

MacKenzie Joy Brennan (54:00): "Find a way that feels right for you and do it."

Sarah (60:35): "We are the people."

9. Conclusion

The episode wraps up on an empowering note, encouraging listeners to take active roles in shaping the future of the Supreme Court and preserving democratic principles. MacKenzie emphasizes the reversibility of the Court's current trajectory through collective action.

MacKenzie Joy Brennan (57:50): "Yeah, that's a huge amount of Power."

Sarah (60:38): "Tell us, I guess, what you're up to, where people can find you and also anything that you recommend for people to feel a little bit less helpless."

Notable Quotes

• Sarah (00:01): "What even are words if not a way to massage the average voter's brain into a jelly?"
• MacKenzie Joy Brennan (36:12): "Originalism was arrogance cloaked as humility."
• Sarah (53:22): "It's a random YouTuber who has taken on this task, because that's exactly, like, why does this person know what Grandma meant?"
• MacKenzie Joy Brennan (58:44): "This is not about victim rights, it's just a co-option."

Key Takeaways

• Originalism's Role: The Supreme Court's shift towards originalism, initiated by figures like Robert Bork and amplified by Justice Scalia, has significantly altered constitutional interpretation, often sidelining precedent in favor of conservative ideologies.

• Court's Ethical Concerns: Current Supreme Court justices face allegations of misconduct, improper appointments, and bias, undermining public trust and the Court's integrity.

• Impact on Governance: Overturning foundational cases like Chevron diminishes federal agencies' authority, centralizing power within the judiciary and disrupting effective governance.

• Paths to Reform: Solutions include ethical reforms, electoral engagement, advocacy for term limits, and procedural changes in appointments to restore balance and accountability within the Supreme Court.

Resources and Further Information

• MacKenzie Joy Brennan's Website: www.mkzjoybrennan.com
• Social Media: Follow MacKenzie on platforms (excluding X) using the handle @kzjoybrennan.
• Additional Content: MacKenzie's Substack covering true crime, media ethics, and election preparations.

Closing Remarks

Sarah Marshall emphasizes the importance of understanding the Supreme Court's evolution and encourages listeners to engage actively in democratic processes to influence future judicial appointments and uphold constitutional integrity.

Sarah (60:35): "We are cooking with a casserole recipe that was designed to be revised by the people. And we are the people."

End of Summary