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Advisory Opinions

Is Trump Going to War Against the Rule of Law?

Advisory Opinions

The Dispatch

News, Politics, Government

4.8 • 3.6K Ratings

🗓️ 18 March 2025

⏱️ 108 minutes

🧾️ Download transcript

Summary

In this less-than-cheerful episode, Sarah Isgur and David French discuss threats to the judiciary external and internal, exploring the Trump administration’s legal maneuvers against law firms and drawing parallels to historical events like the Alien and Sedition Acts. The Agenda: —SCOTUS Update: All B cases —A judge’s gamesmanship on birthright citizenship —Leave Justice Amy Coney Barrett’s sister alone —Paul, Weiss and Trump’s threats to the rule of law —Venezuelans are being deported —Defying TROs —Integralism rears its ugly head Show Notes: —Chief Justice John Roberts early tenure interview in The Atlantic —Sarah’s op-ed for the New York Times 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, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

Ready?

0:02.2

I was born ready.

0:18.9

Welcome to advisory opinions. I'm Sarah Isger. That's David French. And David, this might be one of our grimmer podcasts that we've ever done. Our lineup today is not happy, friendly fun time. No, it's not. In fact, when you put the lineup in Slack, Adam said, this is grim.

0:39.3

So we're going to do a little SCOTUS updating. We're going to talk about threats to the judiciary, internal and external.

0:46.8

We're going to talk about the takeover the Harvard Federalist Society chapter by common good constitutionalists.

0:53.8

And then look, at the very end,

0:55.5

we kind of have some fun update on the SCOTUS lottery for seating and how that's going. So

0:59.8

stay to the end if you want to smile a little, I guess. All right, David, let's start at the top.

1:05.0

SCOTUS update next week. We have another round of oral arguments. This will be the second to last

1:10.8

oral argument sitting of this term oral arguments. This will be the second to last oral argument sitting

1:12.0

of this term. Some cases that we'll be looking at racial gerrymandering, non-delegation doctrine,

1:18.9

reverse free exercise where the charities in question want to be considered religious institutions

1:24.1

to get a special tax-exempt status because they're religious. I don't know what you want

1:29.0

to call those, like B cases. Yeah, we don't have a huge number of A cases that we're waiting on for

1:35.0

this term. And that's pretty normal. We normally have a hot term and then followed by a cold term.

1:39.8

It's not that they try to do that necessarily. It's just sort of the way it tends to work out.

1:44.3

And this is definitely the cold term.

1:47.4

You know, it's interesting two years ago,

1:49.4

this would be a volcanically hot term based on the trans care case in Tennessee alone.

1:56.0

That would be, I mean, people would already be lining up outside the court to talk, you know, to protest that.

2:01.4

But it is remarkable how the political salience of that issue has changed to the point where

2:08.5

very few people are talking about it or even appear to be anticipating it. And that was sort of the

...

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