Firing Squad vs. Suffocation

Advisory Opinions

The Dispatch

News, Politics, Government

4.8 • 3.6K Ratings

🗓️ 28 October 2025

⏱️ 57 minutes

🔗️ Recording | iTunes | RSS

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Summary

Sarah Isgur and David French discuss the Eighth Amendment in light of a prisoner’s request to die by firing squad. But first, join us for a livestream analysis of Learning Resources, Inc. v. Trump, the case that asks whether the International Emergency Economic Powers Act authorizes the president to impose tariffs. (Click on SCOTUSblog's oral arguments page for updates.) The Agenda:—National Guard in Portland—Eliminating horizontal stare decisis—A defense of the spoils system—Who should argue in the tariffs case?—Did we get immigration wrong for the entire Biden administration? Advisory 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?
0:02.0	I was born ready.
0:04.0	Welcome to advisory opinions. I'm Sarah Isger. That's David French, and we have an action-packed pod,
0:24.9	but first. Next week, the Supreme Court is hearing arguments in the tariffs case, and we will be covering it
0:30.4	live. At SCOTUS blog, we will do a live blog during the arguments to break down exactly how it's going
0:36.7	while it's going.
0:38.1	And then as soon as those arguments finish,
0:40.3	we will be broadcasting a live advisory opinions with me, David French,
0:46.5	and several special guests who will be joining us,
0:49.4	including Amy Howe, our sideline reporter from the steps of the Supreme Court,
0:53.7	and Roman Martinez from
0:56.6	Latham Watkins, noted oral advocate himself, David Latt, the other David, joining us too. So you
1:04.3	won't want to miss that. We'll, of course, put it out as a podcast, but it will be live on
1:08.6	Scotus blog as soon as those oral arguments finish.
1:12.1	But for today, we're doing the death penalty.
1:16.1	The National Guard deployment to Portland update?
1:19.3	Maybe, kind of, maybe not.
1:21.3	Horizontal stare decisis.
1:23.0	I bet you don't even know what that is.
1:24.8	It's so exciting.
1:26.4	The spoil system, a defense of, a little
1:29.8	a little bit on who should argue that tariff's case. People have opinion. So let's see what we
	...

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