Radio Atlantic: Partisanship at the Supreme Court

As the justices consider the limits of partisanship in two major cases, will questions about the Court’s own politics be its undoing?

Subscribe to Radio Atlantic:  Apple Podcasts | Spotify | Stitcher  (How to Listen)

In the coming days, the Supreme Court will announce its decisions on two cases that ask the same basic question: How far should partisan politics go?

One will determine whether a citizenship question will appear on the 2020 census. The other asks whether partisan gerrymandering is constitutional.

With these decisions imminent, that same question about partisanship in nonpartisan institutions hangs over the Court itself. Still wounded by Justice Brett Kavanaugh’s confirmation battle, the nation’s highest court has a “virus of illegitimacy.” And with Democratic candidates endorsing proposals to pack the court, that virus could remake the third branch of American government.

On this week’s Radio Atlantic, Isaac Dovere discusses the court with the lawyer and Slate writer Mark Joseph Stern.

Listen for:

  • How the census and gerrymandering cases have been upended by the recent discovery of a trove of files belonging to a deceased GOP strategist.

  • How the justices have dealt with Kavanaugh’s arrival on the bench—and whether they get along behind the scenes.

  • What would happen to the Court if President Donald Trump had the chance to fill a seat left empty by a liberal justice.