Episode 29: Tall Tales

July 21, 2021

The good and the bad; the long and the short of the career of Justice Neil Gorsuch.

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We continue to profile, recap, analyze, and learn from the nine Supreme Court Justices.  This week our focus turns to those justices appointed by Trump, and the seat that would be Garland’s instead went to Neil Gorsuch.  Akhil looks at cases old and new to find the highs and lows in Justice Gorsuch’s jurisprudence, and this justice who studied in two countries and clerked for two SCOTUS members, who calls neither of them his great influence, comes under our microscope.

Show Notes:

Erie Railroad Co. V. Tompkins

Erie R. Co. v. Tompkins, 304 U.S. 64 (1938).  Case discussed both because of its emphasis on state supreme courts as arbiters of state constitutions, and because the Court reverses its previous precedent simply because it was wrong.  Justice Brandeis delivers the opinion of the Court.

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Green v. Neal's Lessee (1832)

Asa Green v. The Lessee Of Henry Neal. 31 U.S. (6 Pet.) 293 (1832).  Case discussed for its early role in indicating the proper role of state supreme courts as the final arbiter of state constitutions.

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