Originalism v. Common Law
Advisory Opinions
The Dispatch
4.7 ⢠4K Ratings
đď¸ 7 May 2024
âąď¸ 75 minutes
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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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