We discuss institutional trust and distrust in Lochner, Carolene Products, and Obergefell.

Note that this was recorded before the Supreme Court overturned Chevron and during a semester when the students had read Marbury v. Madison. You have likely read Marbury before or at least heard of it. Upshot: in that case the Court decided for the first time that it had the power to and would refuse to enforce (a.k.a.-ish strike down or invalidate) a federal statute that conflicted with provisions of the Constitution. This is the power of judicial review and now applies to all state actions, not just the enactment and enforcement of federal statutes.