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Advisory Opinions

Drive-By Rulings | Interview: J. Joel Alicea

Advisory Opinions

The Dispatch

News, Government, Politics

4.7 • 4K Ratings

🗓️ 7 August 2025

⏱️ 61 minutes

🧾️ Download transcript

Summary

J. Joel Alicea, professor at Catholic University's Columbus School of Law, joins Sarah Isgur and David French to discuss race-conscious redistricting. Then, they viciously attack Professor Alicea for thinking text, history, and tradition right. The Agenda:—Congressional acquiescence—Louisiana v. Callais—On questions presented—Bruen Was Right by J. Joel Alicea—The three eras of originalism—Listener email: Has Bruen made any babies? Show notes:—SCOTUSblog coverage of Louisiana v. Callais—Allen v. Milligan Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

Ready?

0:02.0

I was born ready.

0:04.0

Welcome to advisory opinions. I'm Sarah Isger. That's David French, and we have a very special

0:24.1

return of a friend of the pod for you today, because we're going to do some Voting Rights Act,

0:30.5

equal protection clause redistricting. God knows it's in the news enough right now. And

0:35.9

text history and tradition, the three stages of originalism.

0:40.8

What's wrong with this?

0:42.9

Coming up on advisory opinions and don't miss my email from a listener at the end.

0:51.4

And let's welcome returning friend of the pod, Professor Joelle Alasea from Catholic University and director of the Center for the Constitution and the Catholic intellectual tradition.

1:03.8

Welcome back.

1:04.6

Thanks, Sarah.

1:05.6

Glad to be here.

1:06.6

So I tricked you into coming on this podcast to talk about your law review article on Bruin,

1:11.5

but ha ha, we're going to start with redistricting, which, you know, in constitutional law world

1:17.9

is almost as far away from Bruin and text history and tradition as you can get.

1:25.1

And so this is a test of your emergency con law knowledge.

1:28.9

To get listeners up to speed on the latest news, we had two orders from the court that are

1:35.4

of great interest to your podcast hosts.

1:37.8

One, in Turtle Mountain Band versus How, who's the Secretary of State of North Dakota,

1:47.5

remember this was a case where the Eighth Circuit, two times actually, said that the Voting Rights Act didn't create a private

1:52.9

right of action, meaning that if you as a voter felt like the district lines violated the equal protection clause, you could write a very strongly

2:04.6

worded letter to the Department of Justice or to your congressman to call the Department of Justice,

...

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