Transcript for Michael Waldman talks about new book 'Supermajority'
>> WE ARE BACK WITH MICHAEL
WALDEN.
WALDEN.
WELCOME, MICHAEL.
WELCOME, MICHAEL.
>> GREAT TO BE WITH YOU.
>> GREAT TO BE WITH YOU.
>> YOU WROTE THE SUPREME COURT
>> YOU WROTE THE SUPREME COURT
JAMMED THREE DECADES OF SOCIAL
JAMMED THREE DECADES OF SOCIAL
JUSTICE CASES IN A WEEK.
JUSTICE CASES IN A WEEK.
>> THE LIFE TIME JUSTICES, OF
>> THE LIFE TIME JUSTICES, OF
COURSE, THEY OVERTURNED ROE V.
COURSE, THEY OVERTURNED ROE V.
WADE, UNDOING ABORTION RIGHTS
WADE, UNDOING ABORTION RIGHTS
THAT WOMEN HAD TRUSTED IN THE
THAT WOMEN HAD TRUSTED IN THE
CONSTITUTION FOR HALF A CENTURY.
CONSTITUTION FOR HALF A CENTURY.
THEY ISSUED THE MOST SWEEPING
THEY ISSUED THE MOST SWEEPING
SECOND AMENDMENT RULING EVER
SECOND AMENDMENT RULING EVER
SAYING BASICALLY THAT YOU CANNOT
SAYING BASICALLY THAT YOU CANNOT
CONSIDER PUBLIC SAFETY.
CONSIDER PUBLIC SAFETY.
THEY MADE IT MUCH HARDER FOR
THEY MADE IT MUCH HARDER FOR
GOVERNMENT AGENCIES TO PROTECT
GOVERNMENT AGENCIES TO PROTECT
THE ENVIRONMENT AND DO OTHER
THE ENVIRONMENT AND DO OTHER
THINGS LIKE THAT.
THINGS LIKE THAT.
THEY CRAMMED DECADES OF SOCIAL
THEY CRAMMED DECADES OF SOCIAL
CHANGE INTO THOSE THREE DAYS
CHANGE INTO THOSE THREE DAYS
AFFECTING MILLIONS OF LIVES AND
AFFECTING MILLIONS OF LIVES AND
MORE TO COME.
MORE TO COME.
>> MORE TO COME.
>> MORE TO COME.
WE'LL HAVE MORE DECISIONS COMING
WE'LL HAVE MORE DECISIONS COMING
LATER THIS MONTH.
LATER THIS MONTH.
OF COURSE THAT ROE V. WADE
OF COURSE THAT ROE V. WADE
DECISION WAS PRECEDED BY AN
DECISION WAS PRECEDED BY AN
UNBELIEVABLE LEAK.
UNBELIEVABLE LEAK.
WHAT'S THE SIGNIFICANCE OF THAT?
WHAT'S THE SIGNIFICANCE OF THAT?
>> WELL, THEY RELY ON SILENCE ON
>> WELL, THEY RELY ON SILENCE ON
BEING TREATED AS A COURT ON
BEING TREATED AS A COURT ON
TRUST.
TRUST.
IT HELPED COLLAPSE PUBLIC TRUST
IT HELPED COLLAPSE PUBLIC TRUST
IN THE COURT THAT THE OPINION
IN THE COURT THAT THE OPINION
LEAKED.
LEAKED.
THERE HAVE BEEN OTHER LEAKS IN
THERE HAVE BEEN OTHER LEAKS IN
THE COUNTRY'S HISTORY BEFORE.
THE COUNTRY'S HISTORY BEFORE.
EVEN THE DREAD SCOTT RULING WAY
EVEN THE DREAD SCOTT RULING WAY
BACK WHEN.
BACK WHEN.
IT'S PART OF THE KIND OF
IT'S PART OF THE KIND OF
POLITICS ENGULFING THE COURT
POLITICS ENGULFING THE COURT
WHERE THEY ARE ATTACKING EACH
WHERE THEY ARE ATTACKING EACH
OTHER AND THE PUBLIC IS NOT
OTHER AND THE PUBLIC IS NOT
SEEING THEM AS NOT POLITICS BUT
SEEING THEM AS NOT POLITICS BUT
PART OF IT.
PART OF IT.
>> CLARENCE THOMAS IS FACING
>> CLARENCE THOMAS IS FACING
QUESTIONS ABOUT UNETHICS BECAUSE
QUESTIONS ABOUT UNETHICS BECAUSE
HE RECEIVED SOME PAYMENTS, SOME
HE RECEIVED SOME PAYMENTS, SOME
GIFTS FROM A BIG REPUBLICAN
GIFTS FROM A BIG REPUBLICAN
DONOR.
DONOR.
IS THERE ANY WAY TO POLICE THIS
IS THERE ANY WAY TO POLICE THIS
FAMOUSLY SUPREME COURT JUSTICES
FAMOUSLY SUPREME COURT JUSTICES
DON'T LIVE UNDER THE SAME ETHICS
DON'T LIVE UNDER THE SAME ETHICS
GUIDELINES OTHER JUDGES DO.
GUIDELINES OTHER JUDGES DO.
>> I THINK NOBODY IS SO WISE
>> I THINK NOBODY IS SO WISE
THAT THEY SHOULD BE THE JUDGE IN
THAT THEY SHOULD BE THE JUDGE IN
THEIR OWN CASE.
THEIR OWN CASE.
THE SUPREME COURT NEEDS A
THE SUPREME COURT NEEDS A
BINDING ETHICS CODE JUST THE
BINDING ETHICS CODE JUST THE
SAME WAY ALL THE OTHER COURTS
SAME WAY ALL THE OTHER COURTS
HAVE.
HAVE.
CONGRESS CAN DO IT OR THE COURT
CONGRESS CAN DO IT OR THE COURT
CAN DO IT ITSELF.
CAN DO IT ITSELF.
I THINK ALSO THAT THERE OUGHT TO
I THINK ALSO THAT THERE OUGHT TO
BE 18 YEAR TERM LIMITS FOR
BE 18 YEAR TERM LIMITS FOR
SUPREME COURT JUSTICES.
SUPREME COURT JUSTICES.
GEORGE WASHINGTON HAD THE
GEORGE WASHINGTON HAD THE
INSIGHT THAT NOBODY SHOULD HAVE
INSIGHT THAT NOBODY SHOULD HAVE
TOO MUCH PUBLIC POWER FOR TOO
TOO MUCH PUBLIC POWER FOR TOO
LONG WHEN HE STEPPED DOWN.
LONG WHEN HE STEPPED DOWN.
THAT'S A BROAD IDEA THAT'S VERY
THAT'S A BROAD IDEA THAT'S VERY
POPULAR ON LEFT AND RIGHT IN
POPULAR ON LEFT AND RIGHT IN
THIS COUNTRY.
THIS COUNTRY.
>> POPULAR ON LEFT AND RIGHT.
>> POPULAR ON LEFT AND RIGHT.
ANY REAL CHANCE THAT THIS COULD
ANY REAL CHANCE THAT THIS COULD
HAPPEN ANY TIME SOON?
HAPPEN ANY TIME SOON?
>> IT COULD BE DONE BY
>> IT COULD BE DONE BY
CONSTITUTIONAL AMENDMENT.
CONSTITUTIONAL AMENDMENT.
THE MORE PEOPLE SEE THIS COURT
THE MORE PEOPLE SEE THIS COURT
AS OUT OF TOUCH AS RADICAL IN
AS OUT OF TOUCH AS RADICAL IN
SOME INSTANCES, AS UP ENDING
SOME INSTANCES, AS UP ENDING
THEIR LIVES OR UP ENDING
THEIR LIVES OR UP ENDING
POLITICS THE MORE PRESSURE
POLITICS THE MORE PRESSURE
THERE'S GOING TO BE FOR ACTION
THERE'S GOING TO BE FOR ACTION
FOR THE REFORM OF THE COURT.
FOR THE REFORM OF THE COURT.
>> THE CHIEF JUSTICE ROBERTS,
>> THE CHIEF JUSTICE ROBERTS,
IT'S NOT REALLY HIS COURT, IS
IT'S NOT REALLY HIS COURT, IS
IT?
IT?
>> WE GIVE IT THAT NAME AS A
>> WE GIVE IT THAT NAME AS A
CONVENIENCE.
CONVENIENCE.
HE'S ON ONE VOTE.
HE'S ON ONE VOTE.
HE HOLDS THE GAVEL.
HE HOLDS THE GAVEL.
IN A LOT OF WAYS CLARENCE THOMAS
IN A LOT OF WAYS CLARENCE THOMAS
HOLDS THE POWER.
HOLDS THE POWER.
THE IDEA THAT THE ONLY WAY YOU
THE IDEA THAT THE ONLY WAY YOU
CAN INTERPRET THE CONSTITUTION
CAN INTERPRET THE CONSTITUTION
IS TO ASK IN EFFECT WHAT IT
IS TO ASK IN EFFECT WHAT IT
MEANT IN 1791.
MEANT IN 1791.
THAT IS WHAT IS AFFECTING SO
THAT IS WHAT IS AFFECTING SO
MANY OF THESE RULINGS, AT LEAST
MANY OF THESE RULINGS, AT LEAST
IT'S THE ARGUMENT THAT'S BEING
IT'S THE ARGUMENT THAT'S BEING
MADE ONE AFTER ANOTHER IS THESE
MADE ONE AFTER ANOTHER IS THESE
RULINGS ARE ISSUED TO THE
RULINGS ARE ISSUED TO THE
PUBLIC.
PUBLIC.
>> YOU DON'T MINCE YOUR WORDS.
>> YOU DON'T MINCE YOUR WORDS.
YOU BELIEVE THE SUPREME COURT IS
YOU BELIEVE THE SUPREME COURT IS
A THREAT TO DEMOCRACY?
A THREAT TO DEMOCRACY?
>> I THINK THE COUNTRY IS MOVING
>> I THINK THE COUNTRY IS MOVING
IN ONE DIRECTION OVER TIME AND
IN ONE DIRECTION OVER TIME AND
THE COURT IS VEERING SHARPLY IN
THE COURT IS VEERING SHARPLY IN
ANOTHER DIRECTION.
ANOTHER DIRECTION.
WHEN YOU HAVE THAT KIND OF GAP,
WHEN YOU HAVE THAT KIND OF GAP,
PUBLIC TRUST COLLAPSES AND IT
PUBLIC TRUST COLLAPSES AND IT
CAN REALLY CREATE A CRISIS.
CAN REALLY CREATE A CRISIS.
THAT'S WHERE I THINK WE ARE.
THAT'S WHERE I THINK WE ARE.
WE SAW THE RESPONSE IN THE MID
WE SAW THE RESPONSE IN THE MID
TERM ELECTIONS WHERE RESPONDING
TERM ELECTIONS WHERE RESPONDING
TO THE DOBBS CASE ON ABORTION
TO THE DOBBS CASE ON ABORTION
RIGHTS, DEMOCRATS HAD THE BEST
RIGHTS, DEMOCRATS HAD THE BEST
MID TERM ELECTION IN DECADES.
MID TERM ELECTION IN DECADES.
IT LOOKS LIKE IT'S GOING TO HAVE
IT LOOKS LIKE IT'S GOING TO HAVE
A SIMILAR CONSEQUENCE IN OTHER
A SIMILAR CONSEQUENCE IN OTHER
RACES IN 2024 AND BEYOND.
RACES IN 2024 AND BEYOND.
>> THAT'S REALLY THE ONLY WAY TO
>> THAT'S REALLY THE ONLY WAY TO
CHANGE THE COURT, RIGHT?
CHANGE THE COURT, RIGHT?
>> I THINK MORE THAN ANYTHING
>> I THINK MORE THAN ANYTHING
ELSE, WE THE PEOPLE NEED TO
ELSE, WE THE PEOPLE NEED TO
UNDERSTAND THIS MATTERS A LOT.
UNDERSTAND THIS MATTERS A LOT.
I THINK CONSERVATIVES HAVE
I THINK CONSERVATIVES HAVE
UNDERSTOOD THIS FOR A LONG TIME.
UNDERSTOOD THIS FOR A LONG TIME.
I THINK LIBERALS NOW ARE BAKE
UNDERSTOOD THIS FOR A LONG TIME.
I THINK LIBERALS NOW ARE BAWAKIG
UNDERSTOOD THIS FOR A LONG TIME.
I THINK LIBERALS NOW ARE BAWAKI
I THINK LIBERALS NOW ARE BAWAKI
UP.
UP.
THE ACTIONS OF THE COURT SHOULD
THE ACTIONS OF THE COURT SHOULD
BE DEBATING WHETHER THEY SHOULD
BE DEBATING WHETHER THEY SHOULD
HAVE THESE LIFE TIME
HAVE THESE LIFE TIME
APPOINTMENTS AND THIS MUCH POWER
APPOINTMENTS AND THIS MUCH POWER
AND WHAT IT MEANS FOR OUR
AND WHAT IT MEANS FOR OUR
This transcript has been automatically generated and may not be 100% accurate.