The Constitution, For Better Or Worse

In this episode of The Brian Lehrer Show, legal scholar Melissa Murray discusses the U.S. Constitution in light of current constitutional crises, including the Supreme Court's recent rulings on abortion access and voting rights. She analyzes the Fifth Circuit's nationwide ban on telehealth prescriptions for Mifepristone—later stayed by Justice Alito for one week—and explains the legal distinctions between this case and the earlier Trump v. Casa decision on birthright citizenship. Murray emphasizes that while the court has effectively gutted the Voting Rights Act by allowing partisan redistricting while rejecting racial gerrymandering claims, the 14th and 15th Amendments were designed as a 'second founding' to ensure a multiracial democracy. She highlights the historical significance of the Reconstruction Amendments and the often-overlooked populist-era amendments (16th–19th), which expanded democracy and economic justice. Responding to listener concerns about judicial accountability and constitutional irrelevance, Murray offers hope through stories of ordinary citizens—like student Gregory Watson, who successfully ratified the 27th Amendment—demonstrating that the Constitution remains a living, changeable document shaped by public engagement.