You may have heard last week’s conversation on the Supreme Court.
Well, there’s something about the Supreme Court that gets listeners’ attention. I received a lot of follow-up questions – so many, that I wished I had immediate access to another constitutional scholar.
Turns out, I did.
I already had recorded the second half of the conversation you’ll hear today with Robert Tsai. Tsai is Professor of Law at American University and a prize-winning essayist in constitutional law and history. Previously, he clerked for two federal judges and worked civil rights lawyer in Georgia. He has written three books, the most recent of which is Practical Equality: Forging Justice in a Divided Nation.
When we consider remedies to the various inequalities that define these times – from voting restrictions and oppressive measures against migrants to the rights of sexual minorities, victims of police action, and even racism in the criminal justice system – existing laws to address equality are often incomplete.
But in exploring the Constitution and reexamining important historical cases, Tsai explains how legal ideas that aren’t necessarily about equality at all — ensuring fair play, acting reasonably, avoiding cruelty, and protecting free speech — have been used to overcome inequality in the past and can serve as potent alternative tools to promote equality today.
Simply, Tsai offers a distinct view and outlines the possible innovative legal measures to overcome injustice.
But with all the comments from last week’s podcast, I asked Robert for a favor – would he be willing to do a quick update call where I could ask him some of the Supreme Court follow-ups I got from listeners. He agreed, so here it is.
For show notes & my newsletter, go to chrisriback.com
Dan Drezner: Foreign Policy for Campaigns is Like an Unexploded Landmine
Jim Messina: "It Was Always Going to be Close"
Maureen Dowd: "This is Pure Madness"
Robert Costa: Reporting on a 'Wild and Weird' Election
Stuart Stevens: A Neutron Bomb Has Gone Off in the Republican Party
Jim Lehrer: There's Never Been One Like This
Taegan Goddard: Is This Clinton's Election to Lose?
John Dickerson: Have We Really Never Seen a Presidential Election Like This One?
Van Jones: When the Temperature Gets Too Hot
Josh King: An Advance Man’s Look at the 2016 Campaign
Charlie Cook: This Has Been the Wildest Year
Taegan Goddard: The Outcomes Look Bleak for Republicans
Rick Shenkman: What Your Brain Really Thinks About Donald Trump
Mark Blumenthal: What Do Americans Really Think About Politics?
Taegan Goddard: The Party No Longer Decides
Former Virginia Gov. Jim Gilmore
David King, Harvard Kennedy School
Larry Sabato, Center for Politics at the University of Virginia
Charlie Cook, The Cook Political Report
Stan Greenberg, Democratic pollster
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