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Advisory Opinions

Progressivism and Eugenics in the Court of Justice Holmes

Advisory Opinions

The Dispatch

News, Government, Politics

4.7 • 4K Ratings

🗓️ 30 July 2024

⏱️ 62 minutes

🧾️ Download transcript

Summary

Sarah and David welcome special guest Anthony Sanders, director of the Center for Judicial Engagement at the Institute for Justice, to eviscerate Justice Oliver Wendell Holmes Jr. Plus: David’s rant on Presumed Innocent. The Agenda: —Judicial engagement —Social Darwinism and “putting to death the inadequate” —Progressive forgiveness for progressives —First Amendment —Civil rights and judicial abdications —Holmes’ defense of sterilization —The difference between judicial progressives, liberals, and libertarians —Spoiler alerts for Presumed Innocent Show Notes: —Kelo v. New London —Institute of Justice’s Bound by Oath podcast series —Oliver Wendell Holmes’ The Common Law —Moore v. Dempsey —Buck v. Bell —Albert Alschuler’s Law Without Values —Giles v. Harris —Bailey v. Alabama —Buchanan v. Warley —Skinner v. Oklahoma —Lochner v. New York —Minersville School District v. Gobitis 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. 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 Gere that, that's David French, and we've got something special in store for you guys today.

0:27.0

At the end of this podcast, we will do our rant on the end of the Apple TV series Presumed Innocent. David has thoughts. So

0:36.1

spoiler alert when we get to the end of the main show, there's going to be some

0:40.2

presumed innocent talk if you haven't finished it. Also a couple notes from our last episode

0:45.0

about election law, but we're saving the boneless chicken wing

0:50.0

fiasco for the next episode. Second billing, course will be Justice Kagan's remarks to the Ninth Circuit

0:56.4

as well as some various and sundry. There's a Fifth Circuit FCC case, but yeah that's all for the next episode because this episode the entree the appetizer the dessert is Anthony Sanders

1:07.6

Anthony is at the Institute for Justice great organization, but that's not why you're here Anthony

1:13.4

you're here to crap on a dead guy who can't defend himself

1:17.6

exactly exactly that's something I'm very good at by the way

1:22.0

highly skilled over the years you win all those

1:24.9

debates you cannot be beaten that's right and thanks so much for having me on guys

1:31.1

very much longtime listener first time caller and one thing we do at

1:36.8

IJ is we promote the the philosophy of judicial engagements which we like to

1:42.3

think is a a happy little medium

1:44.4

between judicial activism and judicial abdication which is where judges right just

1:50.3

let the majority do whatever it wants. And this guy, Oliver Wendell Holmes Jr, is the embodiment of judicial abdication. And so in what we do at IJ the cases we have are probably most well known for if you know it's

2:06.4

for anything it's Kilo versus New London the eminent domain case but we've done all kinds of other stuff

2:10.9

And what I do at our little center

2:13.8

for judicial engagement is promote the value

2:18.0

of judges enforcing the Constitution.

...

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