you are on with mark tushnet.aring and contrasting juryial activism, nullification, and the role of the supreme court in these issues. guest: ok, so -- i am pausing because i want to make sure i can get the analogy correct. i guess the idea is that when a jury engages in jury nullification, it is setting its judgment about what is right against or over the judgment of the legislature with an active statute, there being -- and the analogy is that the supreme court, when it finds a statute unconstitutional, is also setting its judgment against what the legislature did when it enacted the statute. i think there is a certain kind of parallel, but it is worth emphasizing that when juries nullify, they don't have to use plain what they are doing. whereas when the supreme court the statuted unconstitutional, they have the right an opinion of explaining why in their judgment the statute is inconsistent with the constitution as properly construed. is just a maybe this professional interest of mine as a law professor, but i

you are on with mark tushnet. gentlemen.d morning, i have a question about comparing and contrasting juryial activism, nullification, and the role of the supreme court in these issues. guest: ok, so -- i am pausing because i want to make sure i can get the analogy correct. i guess the idea is that when a jury engages in jury nullification, it is setting its judgment about what is right against or over the judgment of the legislature with an active statute, there being -- and the analogy is that the supreme court, when it finds a statute unconstitutional, is also setting its judgment against what the legislature did when it enacted the statute. i think there is a certain kind of parallel, but it is worth emphasizing that when juries nullify, they don't have to use plain what they are doing. whereas when the supreme court the statuted unconstitutional, they have the right an opinion of explaining why in their judgment the statute is inconsistent with the constitution as properly construed. is just a maybe this profe

you are on with mark tushnet author of the book "in the balance." guest: yes, good morning. what a wonderful time for me to say the decision by john roberts absolutely floored me. i never thought he was fitted to be a supreme court justice at all. to think you can tax the american people and to let the like bk gp --e on the kgb, i no longer have faith in the court. this the absolute worst thing that is ever occurred. i saw earlier something on their that somebody sent in on twitter. or one of those. was justice roberts threatened? i have wondered that exact same thing. we have lost faith. anyone could make that type of decision and think it is ok. millions of people are against it. we wanted it repealed. that comes from a person who comes left or right. right now, i am leaning up. i do not know which way. think the only thing we can say in response to that , thevation is that constitutional issues which is all i am concerned about about whether congress can impose a tax this year is like $95 on people who do not purchase issue --surance, that that constitution issue is relat

you are on with mark tushnet author of the book "in the balance." guest: yes, good morning. what a wonderful time for me to say the decision by john roberts absolutely floored me. i never thought he was fitted to be a supreme court justice at all. to think you can tax the american people and to let the like bk gp --e on the kgb, i no longer have faith in the court. this the absolute worst thing that is ever occurred. i saw earlier something on their that somebody sent in on twitter. or one of those. was justice roberts threatened? i have wondered that exact same thing. we have lost faith. anyone could make that type of decision and think it is ok. millions of people are against it. we wanted it repealed. that comes from a person who comes left or right. right now, i am leaning up. i do not know which way. think the only thing we can say in response to that , thevation is that constitutional issues which is all i am concerned about about whether congress can impose a tax this year is like $95 on people who do not purchase issue --surance, that that constitution issue is relat