The Least Dangerous Branch? · Episode 11 of 13 · 51 min
Bush v. Gore to Dobbs: Is the Supreme Court Just Politics?
The modern Court decided a disputed presidency, rewrote campaign-finance law, gutted the Voting Rights Act's enforcement formula and ended the right to abortion, usually by one vote along ideological lines. The episode tests the 'politics in robes' charge against Bush v. Gore, Citizens United, Shelby County and Dobbs, giving each case both readings, and asks why public confidence hit record lows.
Who's who
- William H. Rehnquist+1 more episodeChief Justice who presided over Bush v. Gore
- John G. Roberts Jr.Chief Justice who wrote Shelby County
- Sandra Day O'Connor+5 more episodesSwing Justice who wrote Brown & Williamson
- Anthony Kennedy+1 more episodeSwing Justice who wrote Citizens United
- Samuel Alito+3 more episodesWrote the Dobbs majority overruling Roe
- Ruth Bader Ginsburg+2 more episodesWrote the 'umbrella in a rainstorm' Shelby County dissent
- Antonin Scalia+2 more episodesTextualist and originalist standard-bearer
- Al Gore+2 more episodes2000 candidate (opposite Bush) whose contest reached the Court
Timeline
- March 21, 2000FDA v. Brown & Williamson decided 5-4.
- December 12, 2000Bush v. Gore halts the Florida recount, 5-4.
- January 21, 2010Citizens United protects independent corporate political spending.
- June 25, 2013Shelby County v. Holder strikes the coverage formula.
- May 2, 2022Politico publishes a leaked draft of the Dobbs majority.
- June 24, 2022Dobbs overrules Roe and Casey, 5-4.
Still debated
Defenders see 5-4 splits as genuine disagreement over constitutional method, while critics see partisanship. Whether returning questions to legislatures is neutral modesty or a policy choice, and what drove falling public confidence, are also argued.
← PreviousHow the Supreme Court's Seats Were WonNext →Term Limits, Ethics, and Reform: What Do We Tell the Students?
Connected episodes in other series
The Lemon Test: The Rule That Governed Church and State for 50 YearsA Wall of Separation · Episode 6Also features Anthony Kennedy, Antonin Scalia
The Body: The Green Wave, Dobbs, and the Great ReversalA Woman's Place · Episode 11Also features Samuel Alito
The KeystoneRight to Vote · Episode 1Also features Samuel Alito
Who BelongsScouting America · Episode 7Also features William H. Rehnquist