Good Law | Bad Law #136 - Cracks in the Marble Palace w/ Michael Bobelian

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by lawyer and author, Michael Bobelian, to discuss his new book, “Battle for the Marble Palace: Abe Fortas, Earl Warren, Lyndon Johnson, Richard Nixon and the Forging of the Modern Supreme Court.”


In today’s episode, Aaron and Michael delve into the fascinating story of the 1968 confirmation battle over Justice Fortas’ nomination to succeed Earl Warren as Chief Justice.  The fight over President Johnson’s pick was the first time in the Supreme Court’s modern history that the Senate politicized a Supreme Court nominee and eventually defeated that nominee, setting the terms of engagement for future struggles over the confirmations of Robert Bork and, most recently, Brett Kavanaugh. As Michael explains, these confirmation battles have far more to do with asserting control over the direction of the Supreme Court itself than with the qualifications of the nominee.


A fascinating and important conversation about the High Court, Aaron and Michael discuss the Supreme Court today and why perhaps it is the way it is, as well as the revelations in Michael’s new book that cover some of the unprecedented machinations that could hold the answer. Listen now to find out more!


 Order Michael's book here.

Host: Aaron Freiwald

Guest: Michael Bobelian