Can Joe Biden heal the rampant degree of polarization that’s currently plaguing our nation’s politics? “There is an element on the left side of the aisle that is every bit as hostile to their fellow citizens as there are on the right edges,” David tells Sarah on today’s episode. “But the thing is, Biden won the primary by specifically shunning that part of the Democratic base.” After their post-Inauguration Day reflections on Biden’s swearing in ceremony and the state of polarization in America, our hosts chat about the NRA’s bankruptcy status and Biden’s flurry of first-day executive orders.

 

Show Notes:

-Divided We Fall: America's Secession Threat and How to Restore Our Nation by David French.

-Take our podcast survey

Learn more about your ad choices. Visit megaphone.fm/adchoices

Shibboleths and Executive Orders

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

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

Sarah and David explain the jury questionnaire in Alvin Bragg’s case against Donald Trump before getting into the weeds of the origins of originalism.
The Agenda:
—How to select a jury for Trump
—Celebrity trial jury instructions
—Biden swings again at student loan forgiveness
—Did the Warren court birth originalism?
—Originalism vs. platonic idealism
—More questions from a high schooler
—How do judicial ethics actually work?
—The myth of the 6-3 court
—The most important SCOTUS decisions
Learn more about your ad choices. Visit megaphone.fm/adchoices

Real Originalism Has Never Been Tried

Things get heated in Trump’s classified documents case. In a court filing this week in Donald Trump’s classified documents case, special counsel Jack Smith challenged Judge Aileen Cannon by vowing to appeal any decision that included the Presidential Record Act in jury instructions. David and Sarah discuss Smith's public move and what it means for the case.
The Agenda:
—Sarah's recaps her defamation law musical experience
—Justice Sotomayor's age raises questions about the right time for Justices to retire
—Is Trump's defense counsel actually good?
—Jack Smith's frustration with Judge Aileen Cannon
—Answering questions from high school students
—Yes, we're still discussing work-life balance
Show Notes:
—Presidential Records Act
—New York Times Company v. Sullivan
Learn more about your ad choices. Visit megaphone.fm/adchoices

Jack Smith Scolds Judge

Sarah and David dive into two op-eds challenging the Federalist Society and the call for lawyers to uphold the tradition of liberty under law.
The Agenda:
—Mayfield v. Butler, retaliation, and political targeting
—Risks and challenges facing the Federalist Society
—Did Trump-era advances in jurisprudence come at a deep civic cost?
—The Thomas’ article on the judicial filibuster
—Will Peter Navarro’s attempts to evade jail time succeed? (Spoiler: No)
—Sarah and David answer work-life balance questions
Show Notes:
—Villareal v. City of Laredo
—Gonzalez v. Trevino
—Justice Breyer's bookshelf
—Advisory Opinions podcast on Federal Judges visiting Israel
Learn more about your ad choices. Visit megaphone.fm/adchoices

The Federalist Society in Peril

Federal Judges Roy Altman, Lee Rudofsky, and Amul Thapar join Sarah and David to discuss their recent trip to Israel along with 11 other federal judges that focused on the question of the day: Is Israel complying with international law as it pursues its war against Hamas in Gaza?
The Agenda:
—The purpose of the judges’ trip
—Walking through the locations of the October 7 attack
—Gruesome tactics by Hamas
—Military authority in Israel
—Israel’s legitimacy as a nation-state
—Debunking the “Israelis as colonists” narrative
—David’s JAG experience
—Double standards and antisemitism
—The Jewish idea of gratitude
This conversation includes discussion of graphic content related to the October 7 attacks in Israel. Listener discretion is advised.
Learn more about your ad choices. Visit megaphone.fm/adchoices

Shibboleths and Executive Orders

Download our free app to listen on your phone