What is it that is broken about the courts? What are the trends? How do we fix it? And how does a SCOTUS pick help redress the problem?

The D.C. legal conservatives don’t want to observe these problems or even ask these questions. This is why they are coming to the wrong conclusions about the type of justice we need on the court and the limit of even the best justices to fix the system absent broader reforms that they oppose or ignore.

In this episode, we discuss the core problems with the lower courts and the judicial velocity and how once you understand that, anything short of a Clarence Thomas who would 100 percent uproot the judicial cancer won’t solve the problem. It’s akin to taking out most of a tumor, which sounds nice, but is actually worthless. It’s in this vein that we explore some of the concerning aspects of Kavanaugh’s record. 

Show links

Death by a thousand lawsuits in the lower courts

A realist view of Kavanaugh

Sen. Kennedy on the need to press nominees on philosophy  

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