I wonder if it could really be used in reverse to help break down racist policies on the next nomination?
For much of the 19th century it was not uncommon for Supreme Court seats to be unoccupied for months at a time – or, in a few cases, years.
When did America become polarized? For leading historians Kevin M. Kruse and Julian E. Zelizer, it all starts in 1974 with the Watergate crisis, the OPEC oil embargo, desegregation busing riots in Boston, and the winding down of the Vietnam War.
This last section covered the turmoil of the Supreme Court during the late 80’s Reagan era.
Justice Ginsburg says she wishes it had been another case, not Roe v. Wade, that SCOTUS heard as the first reproductive rights case. On the Media and The Guardian take a closer look.
A majority of Americans polled by CSPAN last year couldn't name a Supreme Court case. Of those who could, Roe v. Wade was by far the most familiar, with 40 percent able to name it. (Only five percent could name Brown v. Board of Education.) And since it was decided in 1973, a majority — roughly 70 percent — have consistently said they want Roe upheld, albeit with some restrictions on legal abortion.
But what do we really know about Roe? Justice Ruth Bader Ginsburg has often said she wishes it had been another case that the Supreme Court heard as the first reproductive freedom case instead. It was Susan Struck v. Secretary of Defense, and it came to the high court during the same term as Roe.
The year was 1970, and the Air Force (like the other branches of the military) had a regulation banning female service members from having a family. If a servicewoman got pregnant, she would get discharged. Captain Susan Struck was a nurse serving in Vietnam, and she challenged the decision in court with Ginsburg as her lawyer. However, the court never heard the case because the Air Force changed their policy first. For this week's show, we partnered with The Guardian (read their story here) to learn more about Susan Struck’s fight and its bigger lessons for reproductive freedom and for women in the workplace.
Our producer Alana Casanova-Burgess and The Guardian's health reporter Jessica Glenza spoke to Struck about the difficult decision she made to give her baby up for adoption in order to fight the regulation. Plus, we hear why legal scholars think this case "deserves to be honored by collective memory," and how Ginsburg's arguments to the Supreme Court differed from what the justices decided in Roe.
- Slate's Dahlia Lithwick explains the threats to reproductive rights in the court right now;
- Neil Siegel of Duke Law School puts the Struck case in context and discusses what better questions we could be asking about women's equality;
- activist and scholar Loretta Ross explains the tenets of reproductive justice and how they expand the frame beyond Roe and abortion;
- and Reva Siegel of Yale Law School tells the story of how abortion was discussed before 1973, including during the Women's Strike of 1970. And she describes the framework of ProChoiceLife, which expands the idea of what pro-life policy is. She is also the co-editor of Reproductive Rights and Justice Stories.
Music by Nicola Cruz, Kronos Quartet, and Mark Henry Phillips
Most people can tell you two things about Clarence Thomas: Anita Hill accused him of sexual harassment, and he almost never speaks from the bench. Here are some things they don’t know: Thomas is a black nationalist. In college he memorized the speeches of Malcolm X. He believes white people are incurably racist.
In the first examination of its kind, Corey Robin – one of the foremost analysts of the right – delves deeply into both Thomas’s biography and his jurisprudence, masterfully reading his Supreme Court opinions against the backdrop of his autobiographical and political writings and speeches. The hidden source of Thomas’s conservative views, Robin shows, is a profound skepticism that racism can be overcome. Thomas is convinced that any government action on behalf of African-Americans will be tainted by racism; the most African-Americans can hope for is that white people will get out of their way.
There’s a reason, Robin concludes, why liberals often complain that Thomas doesn’t speak but seldom pay attention when he does. Were they to listen, they’d hear a racial pessimism that often sounds similar to their own. Cutting across the ideological spectrum, this unacknowledged consensus about the impossibility of progress is key to understanding today’s political stalemate.
Aimee Stephens was fired for disclosing her gender identity to her boss. This year, the Supreme Court may make a surprising ruling in her favor.
Inside the no-holds-barred war for control of the Supreme Court. From Brett Kavanaugh to Robert Bork, an investigation of how a 30-year-old grievance transformed the court and turned confirmations into bitter, partisan conflicts.
Recently, a member of the Trump administration called Puerto Rico “that country,” obscuring once more the relationship between the island colony and the American mainland. In a special hour this week, On the Media examines the history of US imperialism — and why the familiar US map hides the true story of our country. Brooke spends the hour with Northwestern University historian Daniel Immerwahr, author of How to Hide an Empire: A History of the Greater United States.
I’d read it in my youth and knew of it more generally, but I didn’t know that Rudyard Kipling’s “White Man’s Burden” was written as advice to the United States about what to do in the Philippines where there was a long and bloody US war. Then the episode has a gut-punch of a quote I’d never heard from Mark Twain, who was friends with Kipling:
‘there must be two Americas. One that sets the captive free and one that takes a once captive’s new freedom away from him, picks a quarrel with him with nothing founded on and then kills him to get his land. For that second America,’ he proposed adding a few words to the Declaration of Independence, ‘governments derive their just powers from the consent of the governed White men.’
If asked before today what the bloodiest war fought on US soil was, I’d have said “The Civil War” as I suspect that most would. Interestingly it turns out that it was the Japanese conquest of the Philippines during World War II that claimed 1.5 million people–or the equivalent of two civil wars. Why don’t most students know this fact? Likely because 1 million of that number were not white. They were Filipinos who were also considered U.S. nationals at the time.
Another surprising thing I hadn’t considered before, and mentioned here, is that a large portion of the “British Invasion” of music in the 1960’s–including that of The Beatles–can be likely be put down to the fact that there’s a major U.S. military base put into Liverpool just after World War II. The increased trade and exposure of local youth to American rock-and-roll music as well as instruments sourced from the base had a tremendous influence on the city and the music that would result.
These are just of a few of my favorite portions of this incredible show.
This episode is Part 2 of their series, “On American Expansion.” I can’t wait to hear the rest.
The case concerns the so-called "dual sovereignty" exception to the Constitution's Double Jeopardy clause.
Republicans have created a pipeline of conservative lawyers to help carry out a sweeping reconfiguration of the federal judiciary.
President Trump’s Supreme Court nominee once made the case for impeaching a president. He now says that was a mistake.
Given Judge Kavanaugh’s conservative record and the political math in the Senate, what happens now?
With the president expected to announce his choice to replace Justice Anthony Kennedy, we look at the top candidates.
The president later responded on Twitter, defending his attacks on the Ninth Circuit for ruling against him in an asylum case.