Cooper v Aaron – The Myth of Judicial Supremacy
Cooper v Aaron – The Myth of Judicial Supremacy

Cooper v Aaron – The Myth of Judicial Supremacy

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In today’s video we will be discussing the Supreme Court case of Cooper v Aaron. The case was the last in a series of cases over several years, starting with Brown v Board of Education in 1954 that sought to finally overturn the wretched doctrine established in Plessy v Ferguson (1896) The idea that there is such a concept as “Separate but equal”.
Cooper v Aaron may not be as well known to people outside the legal profession, but it’s a crucial case to understand. Because it is here that we derive what have been two other disastrous doctrines. Judicial Supremacy and Judicial Universality. Despite the Court’s claims these doctrines were “Settled law” this episode exposes them as a total fabrication of the opinion’s main author Justice Brenner. We look at why these two anti-canonical doctrines that have been thoroughly debunked as a new, novel, broad and rather unprecedented expansion and abuse of federal power.

My article on The Irrepressible Myth of Cooper v Aaron for the Tenth Amendment Center – https://tenthamendmentcenter.com/2020/12/09/the-myths-of-cooper-v-aaron/

Josh Blackman’s article on Cooper v Aaron for Georgetown Law Journal – https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3142846

Shlomo Slonim article on – Federalist No. 78 and Brutus’ Neglected Thesis on Judicial Supremacy (University of Minnesota Law School, 2006) – https://hdl.handle.net/11299/170108

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