Judge Edmund Sargus from the Southern District of Ohio joins Sarah and David to take on originalism and different means of constitutional interpretation. The Agenda: —Brown v. Board of Education and the different judicial philosophies that can be applied to the case —Originalism vs. common law traditionalism —Challenges and limitations of textualism and originalism —Landmark cases and the Supreme Court’s decisions shaping societal progress —Interpreting ambiguous constitutional terms like ‘equal protection’ and ‘due process’ —Thus ends DEI Show Notes: —Plessy v. Ferguson —Rutan v. Republican Party —Bostock v. Clayton County —Loving v. Virginia —A blast from the past: Rep. James A. Traficant found guilty of corruption —David for the NYT: The Magic Constitutionalism of Donald Trump —Seceding from Secession: The Civil War, Politics, and the Creation of West Virginia —Fifth Circuit opinion from Judge Andrew Oldham   Learn more about your ad choices. Visit megaphone.fm/adchoices

Originalism v. Common Law

Advisory Opinions is a new podcast from The Dispatch. Hosts David French and Sarah Isgur have a weekly conversation about the law, culture, and why it matters.

News

Politics

Sarah and David discuss the laws of war in response to Israel’s successful hostage rescue operation in Gaza before turning to the latest First Amendment drama from the 1st Circuit. The Agenda: —Laws of war and the Israeli hostage rescue operation —Materially disruptive speech and t-shirts —Health check on the Constitution —Far-right says freedoms are under attack Show Notes: —David’s critique of Israel in the NYT —Angry cheerleader case —Justice Brennan opinion in 1970s book banning case —Tinker v. Des Moines   Learn more about your ad choices. Visit megaphone.fm/adchoices

Offensive T-Shirts Get Their Day in Court

No Rahimi decision yet … but Sarah and David have the next best thing: math! The two dive into Sarah’s recent POLITICO piece in which she and Dean Jens used data to analyze the Supreme Court. The Agenda: —The three-body problem —Was Dobbs v. Jackson Women's Health Organization radical? —Moneyballing the court —“Right to counsel” at the 9th Circuit —Racial discrimination in contracting —Test cases are test cases —Judge Newsom’s “unusual” concurrence —Judge Easterbrook on fonts —The health of the Constitution Show Notes: —Truck Insurance Exchange v. Kaiser Gypsum —Connelly v. United States —Becerra v. San Carlos Apache Tribe —National Rifle Association of America v. Vullo —Allen v. Milligan —New York State Rifle & Pistol Assn., Inc. v. Bruen —Creative LLC v. Elenis —Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission —Chief Justice John Roberts’ thoughts on AI —Pacific Legal Foundation 
 Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here.   Learn more about your ad choices. Visit megaphone.fm/adchoices

The 3-3-3 Body Problem

Sarah and David detail Hunter Biden’s legal predicament and discuss the impact it will have on the political landscape. Is this coercive bargaining in action? The Agenda: —Food poisoning etiquette —Hunter Biden's federal case —Prosecuting Donald Trump —Abortion opinion out of Texas Supreme Court —Insights into the Supreme Court’s decision-making process —SCOTUS watch Show Notes: —Steve Calabresi for the Volokh Conspiracy —Sarah's piece for the New York Times   Learn more about your ad choices. Visit megaphone.fm/adchoices

Will President Biden Pardon His Son?

Akhil Amar, Sterling Professor of Law at Yale University, joins Sarah and David to read between the lines of the Constitution to find and define unenumerated rights. Be sure to check out his books, America's Unwritten Constitution: The Precedents and Principles We Live By and The Words that Made Us: America's Constitutional Conversation, 1760-1840. And stick around after the interview for a brief Alito flag update. —Akhil Amar’s two-tier theory of jurisdictions —AO episode with Judge Newsom mentioning unenumerated rights —Ezra Klein's article on the Second Amendment —District of Columbia v. Heller —McDonald v. City of Chicago —New York State Rifle & Pistol Association, Inc. v. Bruen —Akhil Amar's podcast —NRA v. Vullo decision —Casey Mattox's tweet on NRA v. Vullo —SCOTUS clears the way for Louisiana to use a new congressional map   Learn more about your ad choices. Visit megaphone.fm/adchoices

The Rights the Constitution Doesn’t Tell You About

In an emergency live dispatch, Sarah and David discuss the historic verdict in Trump's New York hush money case. Expect to hear sentencing expectations, appeal efforts, and how voters will reach. Show Notes: -Mike and Sarah’s Collision newsletter on the outcome of the case   Learn more about your ad choices. Visit megaphone.fm/adchoices

Originalism v. Common Law

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