CultureStack

Originalism v A Living Constitution: How Corruption Makes Confirmations Contentious


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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.

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CultureStackBy Gary Arnell

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