Future Hindsight

Our Unjust SCOTUS: Adam Cohen


Listen Later

Campaign Finance Laws

The Supreme Court often operates like a conservative activist group to help the GOP. One of the most egregious ways they've tipped the scales is in campaign finance. Starting with their infamous Buckley ruling in 1976, SCOTUS categorized corporate political donations as free speech. Their 2011 follow-up, Citizens United, removed almost all limitations on political spending, creating a vast increase in campaign spending. Rich Americans and corporations are now free to give as much as they want to whoever they want. This has greatly benefitted Republicans at the cost of electoral fairness.

Poverty

The liberal, pro-New Deal, Warren Court was replaced in 1969 by the conservative Burger Court. The contrast was stark. One of the Warren Court's last cases provided significant due process protections to poor Americans whose welfare benefits were in danger. As soon as the Nixon-appointed Burger stepped in, decisions changed. The Burger Court immediately heard a case involving family caps on welfare and ruled in the opposite direction. Families with more than four children could only receive benefits for the maximum cap of four children, exacerbating poverty for large families. With that ruling, a new tone was struck and SCOTUS has ruled against the poor ever since.

Education

The conservative Burger Court also devastated public education. It reversed a Texas decision, which had ruled that the state must fund rich and poor school districts equally. This SCOTUS decision essentially created a tiered school system with affluent neighborhoods on the top and poor ones on the bottom. Next, it ruled that desegregation efforts in schools could not cross urban/suburban lines. This transformative ruling undercut desegregation efforts and exacerbated schooling inequities. Today, many schools are segregated by both race and class because of these rulings.

Find out more:

Adam Cohen, a former member of the New York Times editorial board and senior writer for Time magazine, is the author of Supreme Inequality: The Supreme Court's Fifty-Year Battle for a More Unjust America. He is also the author of Imbeciles: The Supreme Court, American Eugenics, and the Sterilization of Carrie Buck and Nothing to Fear: FDR's Inner Circle and the Hundred Days That Created Modern America. A graduate of Harvard Law School, he was president of volume 100 of the Harvard Law Review.

You can follow Adam on Twitter @adamscohen.

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

Future HindsightBy Mila Atmos

  • 4.7
  • 4.7
  • 4.7
  • 4.7
  • 4.7

4.7

200 ratings


More shows like Future Hindsight

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

The New Yorker Radio Hour

6,847 Listeners

Hidden Brain by Hidden Brain, Shankar Vedantam

Hidden Brain

43,506 Listeners

On the Media by WNYC Studios

On the Media

9,244 Listeners

The Gray Area with Sean Illing by Vox

The Gray Area with Sean Illing

10,706 Listeners

The Intercept Briefing by The Intercept

The Intercept Briefing

6,112 Listeners

The Daily by The New York Times

The Daily

112,990 Listeners

Stay Tuned with Preet by Preet Bharara

Stay Tuned with Preet

32,409 Listeners

Today, Explained by Vox

Today, Explained

10,329 Listeners

Throughline by NPR

Throughline

16,491 Listeners

Strict Scrutiny by Strict Scrutiny

Strict Scrutiny

5,840 Listeners

The Ezra Klein Show by New York Times Opinion

The Ezra Klein Show

16,419 Listeners

The Weekly Show with Jon Stewart by Comedy Central

The Weekly Show with Jon Stewart

10,948 Listeners

What Now? with Trevor Noah by Trevor Noah

What Now? with Trevor Noah

4,307 Listeners

Assembly Required with Stacey Abrams by Assembly Required with Stacey Abrams

Assembly Required with Stacey Abrams

1,775 Listeners

Autocracy in America by The Atlantic

Autocracy in America

1,572 Listeners