Neal Katyal: SCOTUS Is Delegitimizing Itself
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- Опубліковано 19 жов 2024
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The Supreme Court does not belong in the crosshairs of the American political debate. Neal Katyal discusses how the court’s rush to decide social controversies and overturn foundational precedents is damaging its legitimacy. Katyal addresses the court’s recent decisions concerning presidential immunity and regulatory agencies and their implications for American democracy.
Neal Katyal is the Paul and Patricia Saunders Professor of National Security Law at Georgetown University and a partner at Hogan Lovells. He previously served as acting solicitor general of the United States. Katyal has argued 50+ cases before the Supreme Court, which is more than any other minority attorney in US history. He is also a Kettering Foundation Senior Fellow.
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The Context is a podcast from the Charles F. Kettering Foundation, about the history, trends, and ideas shaping democracy in the United States and around the world. Every episode, host Alex Lovit, a senior program officer and historian with the foundation, interviews someone who has seen it all-scholars, politicians, journalists, and public servants. We’ll get their take on how we got to where we are, and what they’ve seen through their experience, not only watching the news unfold, but sometimes even being the news itself.
In these conversations, we’ll talk about things like inclusive democracy, citizen engagement, government accountability, and the threat of authoritarianism. Every question has its reason, and every answer has its context.
Find new episodes Tuesday, every other week.
Neal should be a supreme court judge
Neal Katyal is of great intellect. I hope he does become a Supreme Court judge.
nah, judicial activist
No one is above the law.
The question I have is; how can any young American be asked to respect and keep the law, if their President flagrantly breaks it without facing any consequences?
4:08 Kings don't care what you think or feel....WAKE UP BLUE...IT IS SLIPPING AWAY... HOLD.THE.LIne.
Right. Ex pres. ,Top criminal. Lol what not to do.
try developing your own character and not following foolish idiots thought to be fashionable.
Great question ⁉️
Thank you that's screwed up
Absolutely brilliant! I despair for US.
As always, Neal Katyal is a critical and worthwhile time investment. Thanks for the timely conversation.
He should have been Attorney General
@@eai554 Can you imagine if he had been? It's so difficult to stay positive with such a dumb, I mean naive electorate.
@@eai554 Better yet, pack the court and put Neal on the Supreme Court
@@Anonymous-by5jp oh yeah!
He would make a great Attorney General, better than the passive Garland.
J’adore Neal Katyal!…Protector and Savior of the U.S. Constitution.
Wonderful to hear people who are intellectually inclined and know the law. You are applauded.
Thank you from Ottawa Canada for voting BLUE 🇨🇦💞🇺🇸💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙💙
Thanks for your support!
Thank you for making this information accessible to the public.
Seems to be couple days old reruns?
I will not abide by the courts immunity opinion. They do not have the power to give a president immunity.
The Supreme Court decision is unconstitutional.
Neal Katyal is a voice of reason and wisdom in the midst of chaos... a national treasure.
Thank you Neal and the Kettering Foundation 😊
Outstanding conversation- I really appreciate Mr. Katyal's extremely well-informed perspective on the Supreme Court.
Our country is at a crossroads moving from a Representative Democracy to a Monarchical/ Oligarchy (think Ferdinand Marcos 1965-86). .
1. Full presidential immunity (No Criminal sanction - Loss of Rule of Law)
2. No Public corruption safeguards ("Gratuity" functionally indistinguishable from taking a bribe)
3. Loss of federal agency oversight (judicial opinion replacing Federal expert oversight).
If you think these changes by the current Conservative majority Supreme Court are positive for regular American citizens and our democracy you are being naive.
this coup has been in the making for thirty years
I don’t think your language is strong enough. I posted earlier some alternatives to your description of contrary opinions being naive, but my post was deleted (and not by me), so I’ll satisfy myself by saying I think you stopped short of the mark.
Agreed !!.. its only for ME not THEE !!
So true, I am voting blue no matter who it is!
The chief justice needs to resign. He’s probably corrupted and it is showing.
I always turn to Neal Katyal for his opinion. I believe that he is the smartest and most earnest person to gather information from. We could use more people like him, Sen. Whitehouse and Jamie Raskin. I feel these men love and want what is best for our democracy and our people. Thank you Neal and keep up the fight, you give me hope.
Thanks so much Neal. Great information.
Thanks for this deep drive into the importance today of the behaviour of our Supreme Court and its resulting opinions.
Thank you for such an intelligent podcast.
Fascinating!
Todays History with Tomorrow's Hope!
Superb program: Neal Katyal’s discussion and interpretation of the recent unbelievable SCOTUS decisions were masterful.
NEAL KATYAL is still so young, but his intelligence and skill is so admirable.
As always, Neal Katyal explains in the most excellent fashion.
I love Neal!!!
Thank you Mr Katyal for your clear and concise information on what the changes are and how they will affect everyday Americans; like myself. You are appreciated.
Thanks a masterpiece
How much better the SCOTUS would be with Neal Katyal and George Conway instead of Alito and Thomas
Time for a change!!
The Chevron decision was devastating along with Dobbs
So therefore the court is illegitimate? Grow up.
"Corporations United," gutting the Voting Rights Act, rescinding Roe, eliminating the Chevron deference, and stupid presidenal immunity. SCOTUS has gone ROGUE, OFF THE RAILS.
@@-dashYes this court has been making rulings that are subjectively designed to benefit certain people. They pretty much just legalized bribery. That’s going to help Clarence Thomas have less worry about his free hundred thousand dollar motor home, and endless free world travel vacations all paid for by a guy who has had a case before this SCOTUS. The United States has had sufficient laws for nearly two hundred & fifty years, for all its Presidents to freely carry out their Presidential duties, but all of a sudden, this Trump guy doesn’t feel comfortable doing his duty, with those same laws that all our Presidents before him were able to work with? No, there’s too much evidence to list here, to qualify that. The people of America have always been able to say that ‘no man is above the law,’ and there is no reason to change that, especially when all the evidence there is about the clear agenda of Roberts, Alito, & Thomas, as well as the fact that Kavanaugh and Coney testified in their Senate approval hearings that they would not change Roe V Wade.
GREAT INFORMATION!!!
What a truly important and educational program! Thank you!
Censure the Leo court.
Excellent episode
It's always wonderful to hear from Neal.
Thank you both very much
💙💙👍👍💙💙
The remedy is far behind the current outrage.
💙💙💙
Yes, the "citizens United" court decision opened the door for billionaires and corporations to buy our representatives. Most decisions are made by big money before we ever vote. Congress must overturn some of these SC decisions, period.
Time to add to the Supreme Court Pres Biden!!
Respect!
Several iconic figures from the 1700s and 1800s expressed concerns about the potential erosion of the system of checks and balances, leading to an eventual monarchy or despotism:
1. George Washington
• Farewell Address (1796): Washington warned against the dangers of political factions and the accumulation of power. While he did not explicitly predict a monarchy, he cautioned about the potential for despotism and the need to preserve the republic.
2. Thomas Jefferson
• Letter to Benjamin Rush (1800): Jefferson expressed concerns about the consolidation of power and the potential for corruption leading to a monarchy.
• Letter to John Adams (1821): Jefferson warned about the judiciary becoming a despotic branch.
3. John Adams
• Letters to Thomas Jefferson: Adams frequently expressed concerns about the fragility of republics and the tendency of human nature to gravitate toward authoritarianism or monarchy.
4. James Madison
• Federalist Papers: Madison discussed the importance of checks and balances and warned against the dangers of factionalism and the concentration of power in any one branch of government.
• Letter to Thomas Jefferson (1787): Madison expressed concerns about the potential for a powerful executive.
5. Alexander Hamilton
• Federalist Papers: While Hamilton was more supportive of a strong executive than Jefferson or Madison, he also emphasized the importance of checks and balances to prevent tyranny.
• Speech at the Constitutional Convention (1787): Hamilton acknowledged the risks of demagoguery and the potential for a slide into despotism.
6. Patrick Henry
• Speeches against the Constitution: Henry was an ardent critic of the proposed Constitution, fearing it would lead to a centralized government and potentially a monarchy.
7. Benjamin Franklin
• Constitutional Convention Speech (1787): Franklin expressed concerns about the potential for abuse of power and the importance of maintaining a system of checks and balances.
8. Abraham Lincoln
• Lyceum Address (1838): Lincoln warned about the dangers of internal threats to American democracy, suggesting that the erosion of civic virtue and legal norms could lead to authoritarianism.
These figures recognized the challenges of maintaining a republic and the constant vigilance required to prevent the concentration of power that could lead to despotism or monarchy. Their warnings continue to resonate in contemporary discussions about the preservation of democratic institutions and the rule of law.
thanks for the review
I'm still stunned that SCOTUS knocked down DOJ independence from executive branch. Not examinable. Shocking.
My eighth grade civics teacher shared with us Jefferson’s concern over the judiciary, particularly the Supreme Court.
Ordinarily, the Supreme Court does an excellent job of balancing the legislative and executive branches, but there is really no way currently, to balance its power if it gets out of whack, save impeachment; which, as we’ve found out, only works when implemented by persons with a sense of shame and honor.
He also continually emphasized Adam’s point about human being’s tendency to follow the ‘strong man,’ citing Hitler and Mussolini.
Studying rhetoric later in life, I learned of Aristotle’s disdain of demagogue’s emotional appeals compared to more forensic, or logical appeals.
In this context, I often think of the stories in the Bible of the criteria the prophet Samuel used in selecting first Saul (a head taller), but later recanting by telling Saul that the Lord would not establish his house, but rather seek out a man ‘after his own heart,’ i.e. David. (See 1 Samuel 9, 10, and 13, and I won’t tell you how much time I spent looking it up, enjoyed reading the accounts of 1 & 2 Samuel though.)
Right on. Keep educating is. Voter in Washington.
One of my favorite talking heads!!
Fools rush in where angels fear to tread certainly applies to Roberts court
King Marmalade has now been admitted to the League of Treacherous Men. If he regains his throne in November he will go to places that nobody ever dreamed possible.
He will openly take bribes and turn America into a banana republic.
Must not allow that to happen!
I especially enjoyed the interview of Neil Katyal whose views on the Supreme Court I heartily agree with. You do a great service to the people with broadcasts of this sort that clarify issues and the positions taken by both sides.
Not "is delegitimizing itself" but HAS delegitimized itself.
Appreciatively👍
IS? They already have.....We all are watching their crooked behavior.
Thank you, God, for Neal Katyal. Bless You for blessing us w/him. Thank you, 🎶🕯✝🔄
Thank you Niel Katyal fot your insightful knowledge and for perfectly dissecting the laws and the constitution ...I love listening to you speaking with a calm and compassionate voice with accuracy and the facts. You are the best❤...im so proud of you...although im a Canadian..SCOTUS needs to be cleaned up. I follow the U.S. politics very closly on CNN and MSNBC everyday for hrs on end...keep up your wisdom we lave you❤❤
Arrest those justices that aren’t paying taxes on those gifts worth millions - they know better !
Thank you for this informative presentation. The public needs information to make decisions when voting in elections.
Excellent comments regarding this podcast. Makes you realise that our differences of opinion goes all the way back to our Founding Fathers. Mr. Katyal really sums it up in a level headed manner. Looks like troubled waters ahead 😢...
What boggles my mind is that all 6 conservative judges aligned themselves with this idea that the President is immune from criminal prosecution. These judges pride themselves in being strict constitutionalist, yet they all came to this horrible decision? What? I'd love to learn what happens behind the scenes when these Judges deliberate on a decision.
Need to know...
Thank you Mr. Lovit and thanks to the outstanding Neil Katyal! We as a nation would be so much better off with people of Neil's knowledge and candor at the helm of government. What is happening in our country today is both scary and sad. I only hope that eventually people that can effect the change needed to bring back sevility and common sense to our politics will do so and be successful. If they cannot, we will not survive as the United States any longer.
Wonderful conversation and thought-provoking discourse presented in layman terms. However, I would very much like to 'see' the legal scholars as they address these issues. Is there a coordinated plan of action to establish code of ethics regarding the Supreme Court justices and how could this be legally implemented? Thank you -
Thank you Neal for this wonderful explanation of our system of governance.
Thank you
Most interesting. Thank you.
All....Everything....more....thank you
NEAL you are driving me nuts.
I was so excited to find you here and listen to learn and now it’s so frustrating.
Out with it!
Thank you Neal. I love you! 🙏🏼♥️
Outstanding, Thank You!!! 😊
As it stands now, we are being governed by nine people who have never been elected to anything. This is as anti-democratic as it gets.
Thank you, Neal, for your great commentary. I try to read or listen to everything you offer up.
6, 3 are opposed to the rulings.
@@MaryDenk-t4l Whether for or against, there are nine people on the court, and all must participate in the discussions and rulings.
The supreme court justices that still believe in the constitution need to publicly go to the White House and ask for help in restructuring it ASAP ... This is my second posting of this comment on this site, what happened to the first??????
Bringing the court into dispute.
What must high schoolers think. The lies, violence and misinformation, not to speak of hate.
Shameful & shocking!
The word "Delegitimizing" makes it sound like the process isn't long since complete.
The word "crosshairs" should be avoided.
Thanks for this informative, insightful, and thought-provoking discussion. I'm so glad that your podcast came up in my recommendations list. I'm a new subscriber and will recommend it to others.
I don’t think they are preserving anything. That is not their objective. Who needs a Supreme Court when a king makes all the calls. They are already doing his bidding. I think we need to be more future focused. There is going to be a new play book ahead, and it won’t be constrained by rules or laws from the past.
What can we do about it is the only question
My question is what can be done about the Supreme Court. These 4 justices are going to change the laws of America, what has happened to the constitution.
See Lawrence Tribe’s article in the Guardian.
I have recently wondered why progressives/Democrats have not formed our own "Heritage Foundation"----Perhaps we should do this with all the wonderful talent that exists in these ranks. Maybe call it the "Legacy Foundation"????? Neal is cool; I am also in love with Jamie "Rascal" Raskin and Senator Sheldon Whitehouse. Among the pantheon.
My eighth grade civics teacher passed on to us Jefferson’s concern about the despotic danger of the Supreme Court pointing out that ordinarily it serves as an excellent check to both the executive and the legislative branches, but that there was no corresponding check upon its own power, that it was essentially self-regulating.
He also continually emphasized Adam’s point about human nature’s willingness to go for the ‘strong man’ with often ruinous results.
I often think of the stories in the Bible of the criteria the prophet Samuel used in selecting first Saul (a head taller), but later recanting by telling Saul that the Lord would not establish his house, but rather seek out a man ‘after his own heart,’ i.e. David. (See 1 Samuel 9, 10, and 13, and I won’t tell you how much time I spent looking it up, enjoyed reading the accounts of 1 & 2 Samuel though.)
God is Santa Claus for adults. Grow up.
@@joeblow5087 ‘I pity the fool’ who believes as you.
Right
So they are only serving Rightwing billionaires!!!😢😢😢😢😢
I appreciate the intelligence of the conversation and it is time to tell the Supreme Court that they too are not above the law. The immunity ruling alone should be enough to disbar everyone who agreed with the ruling due to the consequences of its potential enforcement. Their job is protection of the people not chaos, hardship, and idealogical lockstep.
Love you Niel...pls dont give up..
This country is being held hostage by our own SC. We just don't know it yet.
Exactually😂😂😂😂😂😂
Thank you. Very informative.
What a wonderful explanation thank you
Neal is so smart, I love how he explains things.
How far into authoritarianism/fascism do we have to follow them? Is there nothing we can do before the election?
The Chevron decision means a return to bad air pollution ad smog, unsafe working conditions, polluted streams and rivers, etc.
Thank you
The problem is that the commoners do not respect the rule of law. Intellectuals do, but we don’t have a majority of intellectuals anymore.
30:45 major changes in the court DID Make the courts look political.. not Bipartisan!!!
If the Supreme Court can arrogate to itself the powers of the legislative branch, then why can’t Congress arrogate the power to nullify their decisions on the basis of unconstitutionality?
The Chief Justice needs to resign. His malpractice may have doomed us all.
We are in big trouble.
Question: Can US citizens vote for Biden's proposal about SCOTUS, similar to what happens in some states regarding abortion? Then, Congress and the Senate passed it as a Law. Is that possible, as this may be in jeopardy if either party Congress passes this as a law?
Do we need a Supreme Court anymore ??? 🤮🤮🤮🤮🤮🤮🤮🤮🤮
Perhaps Katyal should not have so zealously endorsed Gorsuch.
They both their oath.!!!
👏
Neal, what would Chief Justice Roberts have to do to lose your respect?
It's time to get free. No more rule by the deception of bureaucracy
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The problem with having Congress fix problems is that for it to do so requires an act of Congress.
I feel lonely and poor
So many judges in the US lack a law degree or even any degree.
Neal's last point regarding the voting public's power in tempering the direction SCOTUS is taking is weak because the members of the Supreme Court are not directly subject to election, but only indirectly through a Constitutional process that typically takes years to function.
Who is this smart woman?
Thank Neil, why can't America pass legislation to put guardrails on supreme court regarding allowance of a insurectionist to be put on a election ticket...whomever decides to be an insurectionist puts themselves in jeopardy regarding not being able to run for presidency
Well we know all that but were only running on 1 side of congress right now as gop havecjust decided they dont want to governvanymore so what now