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Stephen Breyer should retire

Stephen Breyer should retire

Maya Sen joins Matt to talk about the problems facing the American judiciary, the hegemony of the "legal elite," and why we can't seem to learn from the past

Explain It to Me · Vox

May 28, 20211h 6m

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Show Notes

Matt is joined by author and Harvard Kennedy School professor Maya Sen to talk about the state of the American judiciary. They discuss Breyer's unwillingness to retire, the pervasive influence of prestige on the "legal elite," the cult of RBG, the influence and role of The Federalist Society, and the inherent biases in the elite legal system that have led to an "affirmative action"-like feeder program for conservative judges.

Resources:

The Judicial Tug of War: How Lawyers, Politicians, and Ideological Incentives Shape the American Judiciary by Adam Bonica and Maya Sen (Cambridge University Press, 2020)

"The Endgame of Court-Packing" by Adam Chilton, Daniel Epps, Kyle Rozema, and Maya Sen (May 17)

Ideas with Consequences: The Federalist Society and the Conservative Counterrevolution by Amanda Hollis-Brusky (Oxford University Press, 2015)

The Rise of the Conservative Legal Movement: The Battle for Control of the Law by Steven M. Teles (Princeton, 2008)

"Legal Scholar's Anti-Sotomayor Letter Leaks, Causing Awkward Fallout" by Heather Horn (The Atlantic, Nov. 5, 2010)

"The Case Against Sotomayor" by Jeffrey Rosen (The New Republic, May 4, 2009)


Guest:

Maya Sen (@maya_sen), professor, Harvard Kennedy School

Host:

Matt Yglesias (@mattyglesias), Slowboring.com

Credits:

Erikk Geannikis, Editor and Producer


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