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Advisory Opinions

Death of a Supreme Court Giant

Advisory Opinions

The Dispatch

News, Government, Politics

4.74K Ratings

🗓️ 21 September 2020

⏱️ 84 minutes

🧾️ Download transcript

Summary

Ruth Bader Ginsburg died on Friday, rocking the nation and setting the stage for a blistering Senate confirmation fight  should the Senate Judiciary Committee go through with the hearing process before the election. Today, our podcast hosts walk us through the history of SCOTUS vacancies, reflect on the legendary friendship between Justice Ruth Bader Ginsburg and Justice Antonin Scalia, and offer some rank punditry about what this SCOTUS vacancy means for the future of our republic. The question on everyone’s mind is: What happens next? Will Senate Republicans go through with the Supreme Court nomination process? Should they? Sarah and David have some thoughts. What’s clear is that Trump will fight tooth and nail to get a nominee through as a last ditch effort to energize his base. “The more the Democrats threaten him, his brand is that he cannot give in to threats,” explains Sarah. “It’s the ultimate ‘owns the libs’ move to fill the Ginsburg seat and enrage the left.” But who will president Trump nominate? Judge Barbara Lagoa of the 11th Circuit  is in the running, but 7th Circuit judge Amy Coney Barrett’s cult of personality on the right—especially within the pro-life community—will likely give her the winning ticket. “If RBG is Michael Jordan,” Sarah explains, “ACB is Lebron James.” Stick around for a deep dive into the filibuster’s life expectancy, the possibility of a Democratic court packing scheme, and the likelihood of an Electoral College split this November. Show Notes: -David’s new book, Divided We Fall: America's Secession Threat and How to Restore Our Nation, Judge Jeffrey Sutton’s conversation with Justice Scalia about his friendship with RBG, and Sarah’s Sweep newsletter, “Yep, This Changes Everything,” and “Replacing Justice Ginsburg: Politics, Not Precedent” by Andrew McCarthy in National Review, the upcoming Dispatch Live with Sarah and David this Wednesday. -David’s piece on the battle over Ginsburg's seat and don’t forget to take advantage of our 30 day free trial of The Dispatch. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

You ready?

0:02.0

I was born ready.

0:04.0

Welcome to the Advisory Opinions Podcast.

0:24.0

Wow, we have a lot to talk about Sarah.

0:28.0

A lot to talk about.

0:30.0

We almost did an emergency podcast on Saturday, but we thought we would sort of let everything

0:38.2

percolate over the weekend because Monday was coming up soon enough.

0:42.6

I'm glad we did.

0:44.6

I'm glad we did.

0:46.8

For those just tuning in, this is David French and Sarah Isger with the Advisory Opinions Podcast.

0:51.7

Before we get to the news, the big news, the news that advisory opinions was literally born to

0:58.8

dissect.

1:00.8

I want to just say, let me take a moment and say, this is the week.

1:05.9

Sarah, my book launches.

1:07.7

It specifically launches tomorrow, which if any listeners have ever written a book,

1:13.7

there are a few things more.

1:17.4

A combination of joyful humbling and terrifying than a book launch week because you work on it

1:26.0

and you work on it.

1:26.9

You think it's good.

1:28.3

You're proud of it, but then you're putting it into the public square and you just don't know.

1:35.6

You just don't know how people are going to respond, but it's called divided, we fall.

1:39.7

And the reason I'm particularly kind of nervous about it is it's got a provocative thesis

...

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