In the spring of 1837, Justice Joseph Story was despondent. A new chief justice—the infamous Roger Taney—had just joined the bench. And the Supreme Court decided Charles River Bridge v. Warren Bridge over Story’s dissent. The case signaled a shift from a court that favored strong federal power and robust constitutional protections for property rights, and gave way to the new populist, Jacksonian-influenced view opposing purported monopolies and seeking to invigorate states’ rights. Was Story the “last of the old race of judges”? Tune in to find out!

 

Special thanks to Toni Giménez for letting us use his rendition of “Yankee Doodle” on banjo: https://www.youtube.com/watch?v=SLxJR4-JNuI

 

Thanks also to our “voice actors” aka fellow PLF attorneys, Damien Schiff and David Deerson, and historians Tim Huebner and Richard Brookhiser.

 

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