This is the podcast cover art. It is a yellow square image with a photo and text on it. In the middle, It features black and white images of William Marbury and James Madison. Two white men wearing powdered wigs, black suits and ruffled white shirts. The upper left of the image says "Let the Record Show." The bottom right of the image says “Marbury v. Madison” The bottom left of the image has the ACLU logo.

The Case That Gave the Modern Supreme Court Its Power

October 7, 2026

Did you know that today’s justice system in the United States originated from a hiring dispute? This week, Matt and Shereen are taking us back to the early 1800s to explore the origins of judicial review — and all the gossip, intrigue, and spilled ink that brought us our modern U.S. courts.

Joining us to make sense of it all is Louise Melling, a deputy legal director at the ACLU and the director of the ACLU’s Ruth Bader Ginsburg Center for Liberty.

In this episode