Constitutional Spelunking

Advisory Opinions

The Dispatch

News, Government, Politics

4.7 • 4K Ratings

🗓️ 5 October 2020

⏱️ 66 minutes

🔗️ Recording | iTunes | RSS

🧾️ Download transcript

Summary

Supreme Court oral arguments have resumed via telephone and our podcast hosts are nerding out. The court kicked off today with an interesting denial of cert from the Supreme Court on a case out of Kentucky involving Kim Davis, the county clerk who refused to certify marriage licenses to same-sex couples in 2015 for religious reasons. “This petition provides a stark reminder of the consequences of Obergefell,” Justice Thomas wrote in a statement on Monday joined by Justice Alito. “By choosing to privilege a novel constitutional right over the religious liberty interests explicitly protected in the First Amendment, and by doing so undemocratically, the court has created a problem that only it can fix.” On today’s episode, our podcast hosts discuss the evolution of religious liberty and discrimination law, ongoing election disputes in Wisconsin and Pennsylvania, and the latest updates on the presidential campaign ad wars. Sarah and David wrap things up with a fun constitutional exercise by poking holes in the 25th Amendment and unpacking what happens when presidents die at different points in the cycle. Show Notes: -30 day free trial at The Dispatch, Divided We Fall by David French, Obergefell v. Hodges, Kim Davis v. David Ermold, “Applications and Implications of the Twenty-Fifth Amendment” by Akhil Reed Amar, “Is the Presidential Succession Law Constitutional?” by Akhil Reed Amar and Vikram David Amar. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

Click on a timestamp to play from that location

0:00.0	You ready?
0:02.0	I was born ready.
0:04.0	Welcome to the advisory opinions podcast. This is David French with Sarah Isger. And Sarah, the Supreme Court is back.
0:28.0	It's back.
0:30.0	It is back. Our reason for being our purpose for our formation and creation has returned.
0:38.0	I would say it's been a long summer, but it wasn't really.
0:42.0	No. It was too short.
0:44.0	No, but you know, we filled this, the interval with some pretty nice stuff, like a fantastic, fantastic discussion of curling.
0:54.0	I just, I will tell you this, just Saturday night, I was with a bunch of guys and they said that the legacy board game episode of advisory opinions was among their favorite.
1:08.0	Wow.
1:10.0	Yeah. Yeah. So when we're not talking some cool dudes, David.
1:14.0	Oh, yeah. Oh, no, they're awesome. But so I'm just saying we still had good content, even though we did not have Supreme Court content.
1:22.0	But now we have Supreme Court content. But before we get to that, it's our free trial over producer Caleb.
1:32.0	Oh, two days left of the free trial for the dispatch.com. Go to the dispatch.com slash 30 days free. That's the dispatch.com slash 30 days free.
1:44.0	And you can enjoy all of our content for free for 30 days, at which point you will just, you'll be addicted. You'll, you'll happily gladly pony up the $100 for a year or $10 a month.
1:58.0	But again, that's the dispatch.com slash 30 days free. All right. Sarah, we kicked off this Supreme Court term with something called the long conference.
2:12.0	Tell us tell the listeners about the long conference.
2:16.0	So that is when they're looking at all the serpititions that have kind of piled up and it's nicknamed the long conference.
2:22.0	It's the conference right before red mass. If you're a West Wing fan and the term kicks off on Monday, which is today.
2:30.0	So a big thing out of the long conference was the Arizona case that I mentioned last week that was a pending serpitition about anti ballot harvesting laws and whether those violated the voting rights act because of the disparate impact they would have on some communities potentially.
2:49.0	And I also added the disclaimer that my husband filed an amicus brief in that case. So disclaimer.
2:56.0	That was granted. So that will be coming up in January. So that was a fun long conference moment.
	...

Please login to see the full transcript.

Previous episode | Next episode

Disclaimer: The podcast and artwork embedded on this page are from The Dispatch, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of The Dispatch and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.