Dorm Room Originalism

Advisory Opinions

The Dispatch

News, Politics, Government

4.8 • 3.6K Ratings

🗓️ 25 September 2025

⏱️ 73 minutes

🔗️ Recording | iTunes | RSS

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Summary

Sarah Isgur and David French break down the Supreme Court’s latest move: taking up a case before the lower courts have even finished with it. What does that mean, and why now?They also dig into three big rulings from the 11th, 5th, and D.C. Circuits that could have a major impact going forward.The Agenda:—Federal Trade Commission firings—Is Humphrey’s dead?—‘Dorm room Originalism’—Originalism and the Constitution—Healthcare covered sex-change surgeries—Trump’s use of Alien Enemies Act—Predatory incursion vs. invasionShow Notes:—How Originalism Killed the ConstitutionAdvisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0	Ready?
0:02.4	I was born ready.
0:18.7	Welcome to advisory opinions. I'm Sarah Isker. That's David French. We have a new cert grant from the Supreme Court.
0:26.4	Cert before judgment. We'll tell you everything about that in this episode. Three circuit decisions, the 11th, the 5th, the D.C.
0:35.3	And finally, we'll talk about Jill Lepore's piece in the Atlantic. So many of you
0:40.4	have asked us to how originalism killed the Constitution. A radical legal philosophy has
0:46.4	undermined the process of constitutional evolution. All coming up on advisory opinions.
0:55.5	Here's the truth about AI. AI is only as powerful as the platform it's built into.
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1:23.6	slash UK slash AI for people. Scotus today is your daily briefing from the nation's leading Supreme Court authority.
1:30.7	Every week, Scotis Today brings Scotus blogs renowned depth and insight directly to your inbox.
1:36.5	The newsletter will include Scotus Quick Hits detailing the latest happenings on the Supreme Court.
1:41.4	The morning reads, a summary of recent news and opinion pieces about the
1:45.2	Supreme Court, a feature piece on one particularly salient aspect of the court's work, and more.
1:51.3	Whether you're a legal professional tracking every cert petition or a citizen seeking to understand
1:56.0	how the Supreme Court shapes American life, Scotus today is set to become an unmissable part of the court
2:01.8	watchers morning routine. Head to SCOTUSBlog.com slash SCOTUS today to sign up today.
2:12.0	All right, David, let's start at the beginning. This is the Federal Trade Commission.
2:19.2	It's Humphreys executor.
	...

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