Tonja Jacobi: Interrupting the Supreme Court

Tonja Jacobi discusses her article "Supreme Court Interruptions and Interventions: The Changing Role of the Chief Justice." Recent scholarship has focused on how often the Supreme Court Justices get interrupted, especially when female Justices are speaking. To fix this, the Court changed how hearings are run. This article looks at whether these interruptions—and the gender gap in who gets interrupted—have gotten better, and if the new rules helped. Tonja Jacobi is a Professor of Law…

Khiara M. Bridges: Race and the Roberts Court

Khiara M. Bridges has written many articles concerning race, class, reproductive rights, and the intersection of the three. Today’s episode focus on her 2022 Harvard Law Review article, “Race in the Roberts Court”. Professor Bridges talks about Dobbs, Bruen, and the fate of Affirmative Action in relation to how each uses arguments about black history and freedom in contradictory and problematic ways. The Roberts Court's leans on racial skepticism to up end established precedent. Khiara…

Ruth Colker: White Supremacist Constitution

Professor Ruth Colker, Distinguished University Professor and Heck Faust Memorial Chair in Constitutional Law, is one of the leading scholars in the country in the areas of Constitutional Law and Disability Discrimination. Professor Ruth Colker discusses her 2022 Utah Law Review article, "The White Supremacist Constitution." The United States Constitution is a document that, during every era, has helped further white supremacy. White supremacy constitutes a “political, economic and…

James Oakes: Lincoln and the Antislavery Constitution

James Oakes is one of our foremost Civil War historians and a two-time winner of the Lincoln Prize for his works on the politics of abolition. He teaches at the Graduate Center of the City University of New York. He discusses his book, The Crooked Path to Abolition Abraham Lincoln and the Antislavery Constitution. Beginning with the inclusion of the 3/5th clause and the fugitive slave clause in the Constitution there existed a tension between a proslavery and antislavery interpretation. How did…

Eric Foner: Reconstruction's Consititution

Eric Foner, DeWitt Clinton Professor Emeritus of History at Columbia University, is one of this country's most prominent historians. Professor Foner discusses his book "The Second Founding: How the Civil War and Reconstruction Remade the Constitution." By looking at the history of debate and aftermath of each Post-War Amendments, Prof. Foner examines how each sought to permanently end American Slavery.

Paul Finkelman: Slavery and the Supreme Court

Paul Finkelman, the Chancellor of Gratz College, is the author of more than 100 law review articles, 100 other scholarly articles and more than fifty books. He is a specialist on slavery, civil rights and race relations, African American history, American Constitutional and legal history, the American Civil War, religious liberty, the history of religion in the U.S., American Jewish history, and legal issues surrounding baseball. The United States Supreme Court has quoted and cited his work in…

Atiba Ellis: Polley V. Ratcliff

Atiba R. Ellis is a Professor of Law at Marquette University Law School. Professor Ellis discusses his essay "Polley V. Ratcliff: A New Way To Adress an Original Sin?" A fascinating court case, recently resolved, involving kidnapping, slavery, and freedom which might serve as a roadmap for a type of Truth and Reconciliation style reparation. Prof. Ellis explains how the past is still alive and able to be resolved today.

Alex Reinert: 8th Amendment Debate

Alex Reinert is the Max Freund Professor Litigation and Advocacy at the Benjamin N. Cardozo School of Law. Prof. Reinert discusses his article "Reconceptualizing the Eighth Amendment: Slaves, Prisoners, and 'Cruel and Unusual' Punishment." Prof. Reinert talks about "the law of slavery" and how little we have travelled from the 1870s to today when it comes to the understanding of "cruel and unsual" punishment as the standard of imprisonment.