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SCOTUS Nominees, Abortion Rulings, and The Republican Constitution

Randy Barnett on this week’s SCOTUS cases and the two fundamentally opposing views of the Constitution.


Randy Barnett, Georgetown law professor and author of the new book Our Republican Constitution, joined Ben Domenech in studio to discuss this week’s SCOTUS cases, how Republicans should view the court, and the two fundamentally opposing views of the Constitution.

Barnett argued that the reason we now have Donald Trump is because of Justice Roberts. “John Roberts, among other people, was basically responsible for the demise of the constitutional conservative wing of the Tea Party,” he said. “He changed the law so that he could uphold it.”

Yesterday’s case ruled on the Texas abortion laws and their unconstitutionality, but also addressed the courts levels of scrutiny . “I was very sympathetic with both the majority opinion and also Justice Thomas’ dissenting opinion,” Barnett said. “We can’t even keep the levels of scrutiny straight within the levels of scrutiny.”

Listen here: