Merry Christmas to the State Courts
Advisory Opinions
The Dispatch
4.7 • 4K Ratings
🗓️ 25 December 2025
⏱️ 65 minutes
🔗️ Recording | iTunes | RSS
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| 0:00.0 | Ready? |
| 0:02.0 | I was born ready. |
| 0:04.0 | Welcome to a special Christmas episode of advisory opinions. I'm Sarah Isger. That's David French. |
| 0:24.9 | David, we told you all, this was going to be available for ethics CLE credit. You can go to |
| 0:30.1 | scotus blog.com slash CLE. About half of the states are represented right now. And you can go |
| 0:36.3 | listen to it there and get your CLE credit. |
| 0:38.3 | But if you're not interested in that, stay here. Listen to it with us. David, this was a really |
| 0:44.9 | fun conversation with three Supreme Court justices, state Supreme Court justices, because while |
| 0:51.2 | this podcast focuses a lot on the U.S. Supreme Court, the vast, vast, vast, vast, vast majority of cases happen in state court. |
| 1:00.2 | And your last appeal is to the state Supreme Court. There is no U.S. Supreme Court coming. |
| 1:06.3 | And we don't spend enough time on it. And if anything, I've thrown some like shade on state judges |
| 1:12.1 | because they often in many states are elected in a partisan process and they stand for |
| 1:17.7 | re-election in a partisan process. But, you know, I figured we needed to hear some first person |
| 1:23.8 | testimony. When I was practicing, until I transitioned almost fully over to First Amendment |
| 1:29.1 | and Fourteenth Amendment work, honestly, my interest in the Supreme Court, the U.S. Supreme Court, |
| 1:36.0 | was mainly sort of academic. I was very interested just as a matter of I really enjoyed |
| 1:41.0 | constitutional law, but when I was mainly a commercial litigator, mainly |
| 1:45.5 | litigating, not exclusively, but mainly in state courts, the composition and jurisprudence of the |
| 1:50.8 | state Supreme Court was far more immediately relevant to me, my life, my client's lives, |
| 1:57.1 | than the Supreme Court. The Supreme Court was just, that was sort of like watching cable news |
| 2:01.9 | at night. You know, I'm very interested in that topic. So I want to learn about it, whereas the state |
| 2:07.3 | Supreme Courts were, this matters for my job, this matters for my clients. And, you know, |
... |
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