Originalism v A Living Constitution: How Corruption Makes Confirmations Contentious

28/03/2022 37 min

Listen "Originalism v A Living Constitution: How Corruption Makes Confirmations Contentious"

Episode Synopsis

Only in recent years have Supreme Court Confirmation Hearings become contentious. Justices Scalia, Kennedy, O'Connor, and Stevens all received 100% votes in favor of confirmation. Ruth Bader Ginsburg? 97%  
More recently, however, nominations have become much more contentious and partisan. Neil Gosuch (2017) received 55% and Brett Kavanaugh (2018) received just 51%. In 2020, Amy Coney Barrett received zero votes from Senate Democrats.  In this episode, I discuss how corruption of the court, the move from Originalism to Living Constitutionalism, has made confirmations and our politics in general much more volatile and contentious.
A text version of this podcast is available here.