DiscoverStay Tuned with PreetGuns and Power at SCOTUS (with Melissa Murray)
Guns and Power at SCOTUS (with Melissa Murray)

Guns and Power at SCOTUS (with Melissa Murray)

Update: 2024-06-203
Share

Digest

This episode of Stay Tuned begins with a discussion of the Supreme Court's recent decision in Garland v. Cargill, which struck down a federal ban on bump stocks. The decision was based on a technical interpretation of the National Firearms Act, with the majority opinion arguing that bump stocks do not convert semi-automatic rifles into machine guns. The episode then delves into the broader implications of the court's decision, exploring the court's role in American politics and the potential for a conservative supermajority in the future. Host Preet Bharara argues that the court is increasingly becoming the most powerful branch of government, with the ability to invalidate laws passed by Congress and the executive branch. He also expresses concern about the potential for a conservative supermajority to endure for years to come, potentially limiting access to abortion and other rights. The episode concludes with an update on Bill Browder, a former guest on Stay Tuned who was recently knighted by the King of England.

Outlines

00:00:00
Introduction

This Chapter introduces the podcast Stay Tuned and its host, Preet Bharara. It also mentions the podcast's network, Vox Media Podcast Network.

00:00:59
Bump Stock Decision and the Supreme Court

This Chapter discusses the Supreme Court's recent decision in Garland v. Cargill, which struck down a federal ban on bump stocks. The decision was based on a technical interpretation of the National Firearms Act, with the majority opinion arguing that bump stocks do not convert semi-automatic rifles into machine guns. The chapter also explores the broader implications of the decision, including the court's role in American politics and the potential for a conservative supermajority in the future.

01:07:06
Bonus for Cafe Insider Members

This Chapter is a bonus segment for members of the Cafe Insider community. It discusses the doctrine of stare decisis and whether it still carries any weight with the current Supreme Court.

01:07:48
Stay Tuned Alumni Update

This Chapter shares an exciting update about Bill Browder, a former guest on Stay Tuned who was recently knighted by the King of England. The chapter provides background information on Browder's work as an investor and political activist, and his role in championing the Magnitsky Act.

Keywords

Bump Stock
A device that can be attached to a semi-automatic rifle to increase its rate of fire, effectively making it fire like an automatic weapon. The Supreme Court recently struck down a federal ban on bump stocks, arguing that they do not convert semi-automatic rifles into machine guns.

Supreme Court
The highest court in the United States, responsible for interpreting the Constitution and federal laws. The court has been increasingly active in recent years, striking down laws passed by Congress and the executive branch. The episode discusses the court's role in American politics and the potential for a conservative supermajority to endure for years to come.

Garland v. Cargill
A recent Supreme Court case that struck down a federal ban on bump stocks. The decision was based on a technical interpretation of the National Firearms Act, with the majority opinion arguing that bump stocks do not convert semi-automatic rifles into machine guns.

Judicial Review
The power of the judiciary to review laws passed by Congress and the executive branch to determine whether they are consistent with the Constitution. The episode discusses the court's increasing use of judicial review and the potential for it to become the most powerful branch of government.

Stare Decisis
The legal doctrine that courts should follow precedent, or previous rulings in similar cases. The episode discusses whether stare decisis still carries any weight with the current Supreme Court, which has been increasingly willing to overturn precedent.

Bill Browder
An investor and political activist who was once the largest foreign investor operating in Russia. He was deported from Russia and his investments were seized after he investigated corruption within the Russian government. He is known for championing the Magnitsky Act, which seeks to punish Russian officials responsible for human rights abuses. Browder was recently knighted by the King of England.

Magnitsky Act
A US law that allows the government to sanction foreign nationals who perpetrate human rights abuses. The law was passed in response to the death of Sergei Magnitsky, a Russian lawyer who was arrested and tortured while investigating corruption within the Russian government. Bill Browder, a former guest on Stay Tuned, was instrumental in championing the Magnitsky Act.

Q&A

  • What was the Supreme Court's decision in Garland v. Cargill?

    The Supreme Court struck down a federal ban on bump stocks, arguing that they do not convert semi-automatic rifles into machine guns.

  • What are the broader implications of the Supreme Court's decision on bump stocks?

    The decision highlights the court's increasing power to invalidate laws passed by Congress and the executive branch. It also raises concerns about the potential for a conservative supermajority to endure for years to come, potentially limiting access to abortion and other rights.

  • What is the doctrine of stare decisis?

    Stare decisis is the legal doctrine that courts should follow precedent, or previous rulings in similar cases. The episode discusses whether stare decisis still carries any weight with the current Supreme Court, which has been increasingly willing to overturn precedent.

  • What is the Magnitsky Act?

    The Magnitsky Act is a US law that allows the government to sanction foreign nationals who perpetrate human rights abuses. The law was passed in response to the death of Sergei Magnitsky, a Russian lawyer who was arrested and tortured while investigating corruption within the Russian government.

  • What is the potential impact of a conservative supermajority on the Supreme Court?

    A conservative supermajority could potentially lead to the overturning of Roe v. Wade and other landmark decisions, as well as the limitation of access to abortion and other rights. It could also lead to the court becoming even more powerful, with the ability to invalidate laws passed by Congress and the executive branch.

Show Notes

Melissa Murray is a leading expert in constitutional law, family law, and reproductive rights, and a professor at the New York University School of Law. She joins Preet to analyze the Supreme Court’s recent decision to strike down a federal ban on bump-stocks. They also discuss the Court’s history, its public legitimacy, and its future. 


Plus, can our institutions constrain Donald Trump if he is re-elected? And what happens if he self-pardons? 


For show notes and a transcript of the episode head to: https://cafe.com/stay-tuned/melissa-murray-supreme-court-bump-stocks-marbury-history/


Have a question for Preet? Ask @PreetBharara on Threads, or Twitter with the hashtag #AskPreet. Email us at staytuned@cafe.com, or call 669-247-7338 to leave a voicemail.


Stay Tuned with Preet is brought to you by CAFE and the Vox Media Podcast Network.

Learn more about your ad choices. Visit podcastchoices.com/adchoices

Comments 
00:00
00:00
x

0.5x

0.8x

1.0x

1.25x

1.5x

2.0x

3.0x

Sleep Timer

Off

End of Episode

5 Minutes

10 Minutes

15 Minutes

30 Minutes

45 Minutes

60 Minutes

120 Minutes

Guns and Power at SCOTUS (with Melissa Murray)

Guns and Power at SCOTUS (with Melissa Murray)

CAFE