The Ezra Klein Show

If 75,000 votes in Michigan, Wisconsin, and Pennsylvania had tipped the other way, President Hillary Clinton would’ve named both Antonin Scalia and Anthony Kennedy’s replacements. But they didn’t. And now Donald Trump, in less than two years, will fill as many Supreme Court seats as Barack Obama did in eight. When news of Kennedy’s retirement came down, I knew exactly who I wanted to talk to: Dahlia Lithwick, Slate’s exceptional legal analyst, and host of the podcast Amicus. I can’t say our conversation made me feel better about the Supreme Court. If someone as knowledgeable and humane as Lithwick is this alarmed, then, well, it’s alarming. But it at least left me feeling like I understood the stakes. Lithwick is brilliant in tracing the ideological and political trends that have led us to this moment: We talk about how the Court has moved steadily right for a generation, such that John Roberts — John Roberts! — is now the closest thing to a swing vote; how lifetime appointments have collided with deep politi