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Advisory Opinions

Originalism v. Common Law

Advisory Opinions

The Dispatch

News, Government, Politics

4.7 • 4K Ratings

🗓️ 7 May 2024

⏱️ 75 minutes

🧾️ Download transcript

Summary

Judge Edmund Sargus from the Southern District of Ohio joins Sarah and David to take on originalism and different means of constitutional interpretation. The Agenda: —Brown v. Board of Education and the different judicial philosophies that can be applied to the case —Originalism vs. common law traditionalism —Challenges and limitations of textualism and originalism —Landmark cases and the Supreme Court’s decisions shaping societal progress —Interpreting ambiguous constitutional terms like ‘equal protection’ and ‘due process’ —Thus ends DEI Show Notes: —Plessy v. Ferguson —Rutan v. Republican Party —Bostock v. Clayton County —Loving v. Virginia —A blast from the past: Rep. James A. Traficant found guilty of corruption —David for the NYT: The Magic Constitutionalism of Donald Trump —Seceding from Secession: The Civil War, Politics, and the Creation of West Virginia —Fifth Circuit opinion from Judge Andrew Oldham Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

You ready?

0:02.0

I was born ready. Welcome to Advisory opinions. I'm Sarah Asger, that's David French and this is the long-awaited episode. It's maybe four, five years in the making David.

0:28.0

It is. It is. Because today we have a guest who is going to take on originalism head on and maybe more

0:38.0

importantly that guest isn't just any guest it's Judge Edmond Sargis from the Southern District of Ohio, who's come to really explain a different judicial

0:50.0

philosophy that we've been having a conversation back and forth now for about a year.

0:55.0

I met Judge Sargis at Legal Eagles in Gettysburg last year and it's been one of the

1:01.4

most rewarding conversations of my legal career.

1:05.4

And Judge, I'm so thrilled that you're here and willing to share some of your thoughts with our audience.

1:10.8

Well, thank you, Sarah, and thanks to you and David for inviting me. As you know I am a

1:15.3

very avid listener of the podcast so let me first give kudos to both of you. I really enjoy that you are able to

1:22.2

address controversial subjects in a way that treats different sides of the debate fairly.

1:29.0

I don't think we do enough these days to talk to each other about divisive issues. I think people, I'm one of them,

1:37.1

oftentimes avoid topics like this, so we don't end up getting in arguments with people we respect in life,

1:43.6

but don't want to necessarily disagree with.

1:46.5

So what I'm hoping we can do today

1:48.2

is to ferret out different ways of looking

1:51.3

at constitutional interpretation.

1:53.2

I will tell you as we begin I am not a believer that one size fits all.

1:57.9

I think originalism has its place.

2:00.3

I think the common law organic view has its place.

2:05.0

And I should also add a caveat as a district judge.

2:08.0

The one thing I tell new members of our court when they start,

...

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