logo
episode-header-image
Nov 2017
1 h

Citizens United

Wnyc Studios
About this episode

Citizens United vs. Federal Election Commission is one of the most polarizing Supreme Court cases of all time. So what is it actually about, and why did the Justices decide the way they did? Justice Anthony Kennedy, often called the “most powerful man in America,” wrote the majority opinion in the case. In this episode, we examine Kennedy’s singular devotion to the First Amendment and look at how it may have influenced his decision in the case. 

Up next
May 9
No More Souters - Revisited
Justice David Souter has died. Souter was one of the most private, low-profile justices ever to have served on the Supreme Court. He rarely gave interviews or speeches. Yet his tenure was anything but low profile. Deemed a “home run” nominee by Republicans, Souter defied partisan ... Show More
49m 7s
Aug 2023
Andy Warhol and the Art of Judging Art
The law protects creators' original work against copycats, but it also leaves the door open for some kinds of copying. When a photographer sues the Andy Warhol Foundation for using her work without permission, the justices struggle not to play art critics as they decide the case. ... Show More
41m 12s
Jul 2023
The Original Anti-Vaxxer
In 1902, a Swedish-American pastor named Henning Jacobson refused to get the smallpox vaccine. This launched a chain of events leading to two landmark Supreme Court cases, in which the Court considered the balancing act between individual liberty over our bodies and the collectiv ... Show More
40m 57s
Recommended Episodes
Apr 2024
Why is Marbury v. Madison in Trump’s Supreme Court brief?
You might think you know why Marbury v Madison is important: it set the precedent whereby the Supreme Court decides whether laws are constitutional or not, a power known as judicial review. But what else does this landmark decision say? And why is this case from more than two hun ... Show More
46m 8s
Sep 2024
Kevin J. McMahon, "A Supreme Court Unlike Any Other: The Deepening Divide Between the Justices and the People" (U Chicago Press, 2024)
Many scholars and members of the press have argued that John Roberts’ Supreme Court is exceptional. While some emphasize the approach to interpreting the Constitution or the justices conservative ideology, Dr. Kevin J. McMahon suggests that the key issue is democratic legitimacy. ... Show More
59m 38s
Nov 2024
The Supreme Court's Criminal Trial
In 1906, the Supreme Court stayed a man's execution. That same day, his town murdered him. Then SCOTUS held it's first and only criminal trial for those who had allowed it to happen. This is the story of a wrongful conviction that was only the beginning of injustice and the stude ... Show More
44m 7s
Jul 1
Episode #231 - Why President McKinley? (Part II)
The 1896 election of William McKinley has been noted as an inflection point in American politics. But, historians are often conflicted about what story they want to tell. It could be seen as moment when Americans rejected a populist firebrand, critical of the wealthy and appealin ... Show More
1h 21m
Aug 2024
Thomas Mundy Peterson: The Story of the 1st Black Voter in the United States
On this episode of Our American Stories, this is the story of what happened shortly after the ratification of the 15th Amendment to the United States Constitution prohibiting a citizen’s right to vote “on account of race, color, or previous condition of servitude.” Here to tell a ... Show More
9m 29s
Apr 2025
Oligarchy
Is Trump’s presidential reign turning the US into an oligarchy? Or did the US fall into oligarchic rule many years ago? In episode 127 of Overthink, David and Ellie dive into what an oligarchy looks like, the dangers of a country’s power being in the hands of the wealthy few, and ... Show More
54m 3s
Dec 2023
The Supreme Court Is About to Have a Very Big Year
During its last two terms, the US Supreme Court and its six-member Republican-appointed supermajority showed its power to shape important policy issues that affect all Americans, bringing down significant and highly controversial rulings on abortion, student loan forgiveness and ... Show More
27m 9s
Sep 2024
Anthony Michael Kreis, "Rot and Revival: The History of Constitutional Law in American Political Development" (U California Press, 2024)
One of the great divides in American judicial scholarship is between legal scholars who take the justices at their word and assume that those words define the law and political scientists who dismiss all judicial arguments as smokescreens for partisan bias or wider political forc ... Show More
1h 5m
Nov 2024
Ketanji Brown Jackson on Ethics, Trust, and Keeping It Collegial at the Supreme Court
Since the founding of the nation, just 116 people have served as Supreme Court Justices; the 116th is Ketanji Brown Jackson, appointed by President Biden in 2022. Jackson joined a Court with six conservative Justices setting a new era of jurisprudence. She took her seat just days ... Show More
25m 59s