More Perfect

We’re taught the Supreme Court was designed to be above the fray of politics. But at a time when partisanship seeps into every pore of American life, are the nine justices living up to that promise? More Perfect is a guide to the current moment on the Court. We bring the highest court of the land down to earth, telling the human dramas at the Court that shape so many aspects of American life — from our religious freedom to our artistic expression, from our reproductive choices to our voice in democracy.

  1. EPISODE 1

    The Supreme Court v. Peyote

    More than 30 years ago, a Native American man named Al Smith was fired for ingesting peyote at a religious ceremony. When his battle made it to the Supreme Court, the decision set off a thorny debate over when religious people get to sidestep the law — a debate we’re still having today. Voices in the episode include: • Garrett Epps — University of Oregon Law School professor • Ka’ila Farrell-Smith — Al Smith’s daughter, visual artist • Jane Farrell — Al Smith's widow, retired early childhood specialist • Galen Black — Al Smith’s former coworker • Steven C. Moore — senior staff attorney at the Native American Rights Fund • Craig J. Dorsay — lawyer who argued Al Smith’s case before the Supreme Court • Dan Mach — director of the ACLU Program on Freedom of Religion and Belief Learn more: • 1963: Sherbert v. Verner • 1990: Employment Division, Department of Human Resources of Oregon v. Smith • 2022: 303 Creative LLC v. Elenis • "Peyote vs the State: Religious Freedom On Trial" by Garrett Epps • Factsheet: Religious Freedom Restoration Act Of 1993, The Bridge Initiative at Georgetown University • Our History, the Klamath Tribes  Supreme Court archival audio comes from Oyez®, a free law project by Justia and the Legal Information Institute of Cornell Law School. Support for More Perfect is provided in part by The Smart Family Fund. Follow us on Instagram and Facebook @moreperfectpodcast, and Twitter @moreperfect.

    58 min
  2. EPISODE 7

    Adoptive Couple v. Baby Girl Reprise

    Last week, the Supreme Court upheld the Indian Child Welfare Act in a case called Haaland v. Brackeen. The decision comes almost exactly 10 years after the Supreme Court ruled in Adoptive Couple v. Baby Girl, which planted the seed for last week’s big ruling. To mark the new landmark decision, More Perfect re-airs the Radiolab episode that tells the story of two families, a painful history, and a young girl caught in the middle. Voices in the episode include: • Allison Herrera — KOSU Indigenous Affairs reporter • Matt and Melanie Capobianco — Veronica's adoptive parents • Dusten Brown — Veronica's biological father • Mark Fiddler — attorney for the Capobiancos • Marcia Zug — University of South Carolina School of Law professor • Bert Hirsch — attorney formerly of the Association on American Indian Affairs • Chrissi Nimmo — Deputy Attorney General for Cherokee Nation • Terry Cross — founding executive director of the National Indian Child Welfare Association (now serving as senior advisor) • Lori Alvino McGill — attorney for Christy Maldonado, Veronica’s biological mother Learn more: • 2013: Adoptive Couple v. Baby Girl • 2023: Haaland v. Brackeen • "Baby Veronica belongs with her adoptive parents" by Christy Maldonado • "Doing What’s Best for the Tribe" by Marcia Zug • "The Court Got Baby Veronica Wrong" by Marcia Zug • "A Wrenching Adoption Case" by The New York Times Editorial Board • National Indian Child Welfare Association • In Trust podcast, reported by Allison Herrera   Supreme Court archival audio comes from Oyez®, a free law project by Justia and the Legal Information Institute of Cornell Law School. Support for More Perfect is provided in part by The Smart Family Fund. Follow us on Instagram and Facebook @moreperfectpodcast, and Twitter @moreperfect.

    46 min
  3. EPISODE 11

    The Original Anti-Vaxxer

    In 1902, a Swedish-American pastor named Henning Jacobson refused to get the smallpox vaccine. This launched a chain of events leading to two landmark Supreme Court cases, in which the Court considered the balancing act between individual liberty over our bodies and the collective good. A version of this story originally ran on The Experiment on March 21, 2021. Voices in the episode include: • Rev. Robin Lutjohann — pastor of Faith Lutheran Church in Cambridge, Massachusetts • Michael Willrich — Brandeis University history professor • Wendy Parmet — Northeastern University School of Law professor Learn more: • 1905: Jacobson v. Massachusetts • 1927: Buck v. Bell • 2022: National Federation of Independent Business v. Department of Labor, Occupational Safety and Health Administration • 2022: Biden v. Missouri • "Pox: An American History" by Michael Willrich • "Constitutional Contagion: COVID, the Courts, and Public Health" by Wendy Parmet   Music by Ob (“Wold”), Parish Council (“Leaving the TV on at Night,” “Museum Weather,” “P Lachaise”), Alecs Pierce (“Harbour Music, Parts I & II”), Laundry (“Lawn Feeling”), water feature (“richard iii (duke of gloucester)”), Keyboard (“Mu”), and naran ratan (“Forevertime Journeys”), provided by Tasty Morsels. Additional music by Dieterich Buxtehude (“Prelude and Fugue in D Major”), Johannes Brahms (“Quintet for Clarinet, Two Violins, Viola, and Cello in B Minor”), and Andrew Eric Halford and Aidan Mark Laverty (“Edge of a Dream”).  Shadow dockets, term limits, amicus briefs — what puzzles you about the Supreme Court? What stories are you curious about? We want to answer your questions in our next season. Click here to leave us a voice memo. Supreme Court archival audio comes from Oyez®, a free law project by Justia and the Legal Information Institute of Cornell Law School. Support for More Perfect is provided in part by The Smart Family Fund. Follow us on Instagram, Threads and Facebook @moreperfectpodcast, and X (Twitter) @moreperfect.

    41 min

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We’re taught the Supreme Court was designed to be above the fray of politics. But at a time when partisanship seeps into every pore of American life, are the nine justices living up to that promise? More Perfect is a guide to the current moment on the Court. We bring the highest court of the land down to earth, telling the human dramas at the Court that shape so many aspects of American life — from our religious freedom to our artistic expression, from our reproductive choices to our voice in democracy.

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