Show Notes
American history is riddled with collisions between legally defensible rulings and morally costly outcomes. Still, "the purpose of law in any society is to embody a moral framework in practice," says Yuval Levin, who joins Mark Labberton to explore the moral architecture in the foundation of the American legal system, as they review the most recent rulings of the U.S. Supreme Court. The Court has just closed one of the most consequential terms in recent memory, articulating the tension between faithfulness to the Constitution and enacting justice and morality. Together they reflect on why and how a system founded on equality must be both majoritarian and counter-majoritarian at once; why a judge's job is to articulate their legal (rather than their moral) opinion; the rise of Constitutional originalism; why pre-Trump conservative arguments win at this Court while "Trumpy" ones lose; the contemporary relevance of the Federalist Papers; what recourse citizens have when they believe the Court has done wrong; and why the American legal system's worst failures still cluster around race. They explore several of the 2025-26 rulings of the Supreme Court, including imposition of tariffs, immigration enforcement, and birthright citizenship, and the Voting Rights Act. Episode Highlights "The purpose of law in any society is to embody a moral framework in practice." "This is a very good time to get to know The Federalist Papers." "The role of the judge in the American system is to apply the law, not to find the moral answer per se. We hope the law does that, though it doesn't always and we know it." "The American system of government, very much for moral reasons, is expected to be both majoritarian and counter-majoritarian." [Regarding Justice Gorsuch and Justice Kavanaugh] "They grew up in the same place. They literally went to the same high school and had the same history teacher. Their mothers knew each other … They agreed with each other 52% of the time in this last term of the Supreme Court." [Courts to Trump] "You are in charge of the executive branch, but the executive branch is not in charge of the American government." "If you come to this court with a pre-Trump conservative legal argument, you're going to win. If you come to this court with a Trumpy legal argument, you're going to lose." "We experienced the high water mark of executive power about a year ago, and it is now receding." "The areas where it has failed most are concentrated around questions of race. That has been true from the beginning. It is thankfully less true than it used to be, but it is still true, and I think we have to be uniquely sensitive to those questions for that reason." About Yuval Levin Yuval Levin is a senior fellow at the American Enterprise Institute, where he holds the Beth and Ravenel Curry Chair in Public Policy and directs Social, Cultural, and Constitutional Studies. He founded and edits National Affairs, and he is a senior editor at The New Atlantis and a contributing editor at National Review. His books include "The Great Debate," "The Fractured Republic," "A Time to Build," and most recently, "American Covenant." He served on the White House domestic policy staff under George W. Bush and earned his PhD at the University of Chicago's Committee on Social Thought. Helpful Links and Resources Yuval Levin at the American Enterprise Institute: https://www.aei.org/profile/yuval-levin/ National Affairs, the publication Levin founded and edits: https://nationalaffairs.com/authors/detail/yuval-levin American Covenant, by Yuval Levin: https://www.hachettebookgroup.com/titles/yuval-levin/american-covenant/9780465040742/?lens=basic-books A Time to Build, by Yuval Levin: https://www.hachettebookgroup.com/titles/yuval-levin/a-time-to-build/9781541699281/?lens=basic-books The Federalist Papers, full text at the Library of Congress: https://guides.loc.gov/federalist-papers Trump v. Slaughter, the decision overturning Humphrey's Execut
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