Sway

How the Supreme Court Became ‘Intoxicated With Its Power’


Listen Later

One of the questions haunting the unprecedented leak of Justice Samuel Alito’s draft opinion on Dobbs v. Jackson Women’s Health Organization is, quite simply, who did it and why? Speculation abounds online, and Chief Justice John Roberts, who called the leak a “betrayal,” has called for an investigation. But there are other lessons to be learned from the leak — about the state of the Supreme Court and its power, its relationship with the public and the kinds of reforms it may need.

In this conversation, Kara Swisher discusses it all with three lawyers: Neal Katyal, a former solicitor general and a professor at Georgetown Law who has argued before this court; Amy Kapczynski, the director of the Law and Political Economy Project and blog at Yale Law School and a former Supreme Court clerk; and George T. Conway III, one of the founders of the anti-Trump group the Lincoln Project.

They discuss what motives might have been behind a leak — for either a liberal or a conservative — and talk through what this breach says about the politicization or cohesion of the Supreme Court. They explore possible reforms for the highest court in the land. And they offer predictions for whether Justice Alito’s draft is indicative of the final ruling — with Katyal offering one theory that the court might dismiss the case as improvidently granted and “hear the case again next year.”

You can find transcripts (posted midday) and more information for all episodes at nytimes.com/sway, and you can find Kara on Twitter @karaswisher.

Unlock full access to New York Times podcasts and explore everything from politics to pop culture. Subscribe today at nytimes.com/podcasts or on Apple Podcasts and Spotify.

...more
View all episodesView all episodes
Download on the App Store

SwayBy New York Times Opinion

  • 3.6
  • 3.6
  • 3.6
  • 3.6
  • 3.6

3.6

76 ratings


More shows like Sway

View all
Modern Love by The New York Times

Modern Love

8,907 Listeners

Fresh Air by NPR

Fresh Air

38,520 Listeners

The New Yorker Radio Hour by WNYC Studios and The New Yorker

The New Yorker Radio Hour

6,924 Listeners

The Book Review by The New York Times

The Book Review

3,924 Listeners

The Political Scene | The New Yorker by The New Yorker

The Political Scene | The New Yorker

4,097 Listeners

Popcast by The New York Times

Popcast

1,514 Listeners

Pivot by New York Magazine

Pivot

9,765 Listeners

The Run-Up by The New York Times

The Run-Up

2,070 Listeners

Inside The Times by The New York Times

Inside The Times

150 Listeners

The Daily by The New York Times

The Daily

113,078 Listeners

Change Agent by The New York Times

Change Agent

1,521 Listeners

Caliphate by The New York Times

Caliphate

12,629 Listeners

Charm City by The New York Times

Charm City

310 Listeners

Interesting Times with Ross Douthat by New York Times Opinion

Interesting Times with Ross Douthat

7,273 Listeners

The Latest by The New York Times

The Latest

466 Listeners

The Candidates by The New York Times

The Candidates

51 Listeners

Jungle Prince by The New York Times

Jungle Prince

2,347 Listeners

The Choice by New York Times Opinion

The Choice

380 Listeners

Rabbit Hole by The New York Times

Rabbit Hole

6,686 Listeners

Hard Fork by The New York Times

Hard Fork

5,563 Listeners

The Ezra Klein Show by New York Times Opinion

The Ezra Klein Show

16,487 Listeners

Day X by The New York Times

Day X

1,500 Listeners

The Weekly Show with Jon Stewart by Comedy Central

The Weekly Show with Jon Stewart

10,914 Listeners

The Interview by The New York Times

The Interview

1,630 Listeners

On with Kara Swisher by Vox Media

On with Kara Swisher

3,523 Listeners

The Headlines by The New York Times

The Headlines

685 Listeners

The Run-Up (2016) by The New York Times

The Run-Up (2016)

13 Listeners

The Opinions by The New York Times Opinion

The Opinions

622 Listeners

The Argument by New York Times Opinion

The Argument

27 Listeners

The New York Times Narrated by The New York Times

The New York Times Narrated

88 Listeners

The Run-Up Guide to 2024 by The New York Times

The Run-Up Guide to 2024

0 Listeners