How The Supreme Court is F**king up the Country

In this episode of Hasan Minhaj Doesn't Know, Hasan Minhaj sits down with law professor Kate Shaw to unpack the significant and controversial role the U.S. Supreme Court currently plays in American life. Hasan explores how the court, now featuring a 6-3 conservative majority, has shifted from interpreting the law to effectively making it through specific doctrines and procedures.

Key topics discussed include:

• The Power of Interpretation: Hasan and Professor Shaw discuss how the Court defines ambiguous terms in the Constitution and statutes, effectively rewriting laws to fit modern policy preferences rather than original intent (11:04 - 17:27).
• The Shadow Docket: The episode defines the "shadow docket" (or emergency docket), explaining how it has been used with increasing frequency—often to bypass standard judicial processes for high-stakes, politically charged decisions (3:26 - 5:06, 108:48 - 11:24).
• The Federalist Society: They examine the influence of the Federalist Society, which Hasan describes as an "argument industrial complex" that trains and promotes conservative legal scholars for the judiciary (51:21 - 58:18).
• Judicial Philosophies: The guest explains controversial legal theories like Originalism (interpreting the Constitution based on its meaning at the time of adoption), the Unitary Executive Theory (empowering the presidency), and the Major Questions Doctrine (limiting federal agencies) (58:18 - 1:07:30).
• Civil Rights & Precedents: The conversation touches on the gutting of the Voting Rights Act of 1965, the overturning of Roe v. Wade, and the legal battle over birthright citizenship (35:09 - 47:32).

Proposed Solutions: Towards the end of the episode, the pair discusses potential reforms to address the Court's perceived partisanship, such as expanding the number of justices, implementing term limits, and increasing transparency (111:40 - 116:20).