Digging a Hole: The Legal Theory Podcast

Jerusalem Demsas


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It’s been quite an eventful month, dear listeners. After a few flight cancellations, Democrats decided it was time to finally reopen the government. The House released a cache of Epstein files that name President Trump. And Zohran Mamdani has officially been named king of New York. In these turbulent times, we’re lucky to be joined by Jerusalem Demsas—journalist, grade A pundit, and Editor & CEO at The Argument magazine—who is here to talk Mamdani, liberalism, and much more.

The episode begins with reflections from Demsas and David about what Mamdani’s election means for New York. Will his affordability platform transform New York for the better? Or will his vision be foiled by New York’s entrenched and inefficient bureaucracy? Beyond the Big Apple, Sam asks for predictions on whether Mamdani (or his coalition) can scale to the national level. We then discuss the significance of the elections in Georgia, where Democrats notched a big victory in some less important state-wide elections. Finally, Sam asks Demsas to reflect on the future of liberalism in America. Should liberalism be canned for a progressive alternative, or is it, as Demsas will argue, the only way we can live together in a pluralistic country?

Most importantly, this episode gives Sam and David their annual opportunity to play political pundits. We hope you enjoy!

This podcast is generously supported by Themis Bar Review.

Referenced Readings

  • Abundance, by Ezra Klein and Derek Thompson

  • “How do we live with each other?”, by Jerusalem Demsas

  • “This Is the Way You Beat Trump — and Trumpism”, by Ezra Klein

  • Liberalism Against Itself, by Samuel Moyn


In this episode, there was a general skepticism that Mamdani could lead the Democratic party at the national level. So, in this episode’s spirit of hot-take punditry, who is your pick to be on the top of the Democratic ticket in the 2028 election?

  • Sam: No clue. We are in the democratic equivalent of Deuteronomy 18 territory: a prophet will be raised up from among the people, but we don’t know who it is yet. Dan Osborn?

  • David: I’m hoping not for a prophet, but for someone who can fulfill Biden’s promise to make national politics less interesting and, as we suggest in the episode, return a little power to Congress even if it is not in his/her short-run political and policy interests.  A midwestern governor or western senator, perhaps.  But I’m afraid it’s going to a battle of meme lords and discourse makers.


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