Morality and the Supreme Court

American history is riddled with collisions between legally defensible rulings and morally costly outcomes. Still, “the purpose of law in any society is to embody a moral framework in practice,” says Yuval Levin, who joins Mark Labberton to explore the moral architecture in the foundation of the American legal system, as they review the most recent rulings of the U.S. Supreme Court. The Court has just closed one of the most consequential terms in recent memory, articulating the tension between faithfulness to the Constitution and enacting justice and morality.

Together they reflect on why and how a system founded on equality must be both majoritarian and counter-majoritarian at once; why a judge’s job is to articulate their legal (rather than their moral) opinion; the rise of Constitutional originalism; why pre-Trump conservative arguments win at this Court while “Trumpy” ones lose; the contemporary relevance of the Federalist Papers; what recourse citizens have when they believe the Court has done wrong; and why the American legal system’s worst failures still cluster around race.

They explore several of the 2025-26 rulings of the Supreme Court, including imposition of tariffs, immigration enforcement, and birthright citizenship, and the Voting Rights Act.