Four months after the death of Supreme Court Justice Antonin Scalia, the SCOTUS remains ideologically deadlocked— dodging major decisions like the recent battle over mandatory birth control coverage, as the Senate refuses to budge on President Obama’s nomination of Merrick Garland.
After two months of waiting, the Senate has yet to announce whether or not confirmation hearings will be held for Garland. His case seems unique, but it harkens back to 1916, when a similarly contested nomination was offered up by President Woodrow Wilson.
Jeffrey Rosen is president and CEO of the National Constitution Center and a professor of Law at George Washington University Law School. His new book, Louis D. Brandeis, American Prophet, examines the life of Brandeis, whose nomination was denounced by conservative Republicans, leading to his (eventual) confirmation, 100 days later.
Rosen joined Jim Braude and Margery Eagan on Boston Public Radio to discuss the book, the current state of the Supreme Court, and the legacy of Louis D. Brandeis.
Click on the audio link above to listen.