Co-authors Jack Goldsmith and Bob Bauer join the podcast to discuss their book, After Trump: Reconstructing the Presidency, and the need to reform presidential power. But first, a protest and a dinner party at a Berkeley Law School dean's house. Did the location qualify as a public forum? Sarah and David evaluate.
The Agenda:
—Dean of Berkeley Law School and a Palestinian Protest: 1A protection?
—How to go about civil disobedience
—Reforming the Insurrection Act
—The need for bipartisan support in reforming presidential powers
—Did Donald Trump abuse the pardon power as president?
—Special counsels and the fear of rigging prosecutions
Show Notes:
—The Logan Act
—The American Law Institute
—David's Sunday column
Learn more about your ad choices. Visit megaphone.fm/adchoices

The Enormous Powers of the President

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 gives us a taste of her interview with retired Supreme Court Justice Stephen Breyer before she and David dive into the latest SCOTUS ruling on racial gerrymandering.
The Agenda:
—Justice Breyer and the Major Questions Doctrine
—Alexander v. South Carolina State Conference of the NAACP
—Conduct vs. speech and Morgan Wallen’s Nashville bar
—Random swipes at text, history, and tradition from David
—Approving a SCOTUS nominee from opposing parties?
—Amending the amendment process
—Codifying the judicial filibuster
—Justice Samuel Alito flag watch
Show Notes:
—Previous AO episode on voting rights in Alabama
—City of Austin v. Reagan National Advertising of Austin, LLC
—Equal Protection Clause
—Section 2 of the Voting Rights Act
Learn more about your ad choices. Visit megaphone.fm/adchoices

On Racial Redistricting

Is Justice Alito a secret election denier? Is his wife chronically online? Were these allegations the point of a New York Times article about hanging the American flag upside down? Or is this a nothingburger? Sarah and David discuss.
The Agenda:
—Appearances of impropriety
—Husbands: What would you do if someone called your wife the C-word?
—Asserting executive privilege over audio recordings
—No, Zina Bash did not make a white power symbol
—Nixon tapes and Biden’s interview
—The opposite of a nationwide injuction
—Tacos are sandwiches
—Tacos are not sandwiches
—David on how to deal with bullies
Show Notes:
—Results: ACLI Capital Challenge
—Justice Ruth Bader Ginsburg on Trump's taxes
—Judge Stephen Reinhardt refuses to recuse in 9th Circuit case
—"Trump faker" accusation
—Hur/Biden transcripts
—Akhil Amar: "Second Thoughts"
Learn more about your ad choices. Visit megaphone.fm/adchoices

When to Recuse

Do judges have an important role to play in society beyond judging? Judge Lee Rudofsky takes the affirmative, while Orin Kerr disagrees in this special AO episode debating this topic. Sarah and David also discuss the latest SCOTUS cases.
Show Notes:
—Judges write letter saying they won't hire law clerks from Columbia
—Kerr: Do Judges "Have an Important Role to Play in Our Society" Beyond Judging?
—Code of Conduct for United States Judges
—Staying Off the Sidelines: Judges as Agents for Justice System Reform
—Appearances by Sitting U.S. Supreme Court Justices at Congressional Committee and Subcommittee Hearings (1960-2022)
—Drops in Jewish enrollment in elite universities
—CFPB v. Community Financial Services Association of America, Limited
—Are tacos and burritos sandwiches?
Learn more about your ad choices. Visit megaphone.fm/adchoices

Should Judges Get Political?

Sarah and David start things off with a discussion of Trump’s trials and how he might respond to the outcome of the election. Are David’s concerns overblown?
The Agenda:
—Trump’s New York trial
—Chilling speech over anti-Israel protests and one law school dean's private dinner party
—Mocking Michael Cohen
—Civil forfeiture SCOTUS ruling
—AYER ruling
—When prison guards shave a Rastafarian's dreads
—Firing gay teachers
Show Notes:
—Trial of Ted Stevens
Learn more about your ad choices. Visit megaphone.fm/adchoices

Presidential Stakes

Eleventh Circuit Judge Kevin Newsom takes over the role as professor to teach Sarah and David the implications of jurisdiction stripping and the balance of power between the branches of government. We’ll sum the lesson up as … Congress, do your job.
The Agenda:
—Judges say they won’t hire from Columbia Law School
—Explaining the exceptions clause
—Constraints over jurisdiction stripping by Congress
—Marbury powers
—Congress taking a more active role in constitutional interpretations
Show Notes:
—David for the NYT: The Magic Constitutionalism of Donald Trump
—Felker v. Turpin
—Sheldon v. Sill
—Judge Newsom's mention of Bruen in the AO episode from June 2022
—Judiciary Act of 1979
—Akhil Amar's two-tier theory of jurisdictions
—Daniel Epps' article in Columbia Law Review
—Monday’s AO podcast
—Henry Hart’s dialogue with self in the Harvard Law Review
Learn more about your ad choices. Visit megaphone.fm/adchoices

The Enormous Powers of the President

Download our free app to listen on your phone