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Advisory Opinions

Real Originalism Has Never Been Tried

Advisory Opinions

The Dispatch

News, Government, Politics

4.7 • 4K Ratings

🗓️ 11 April 2024

⏱️ 75 minutes

🧾️ Download transcript

Summary

Sarah and David explain the jury questionnaire in Alvin Bragg’s case against Donald Trump before getting into the weeds of the origins of originalism. The Agenda: —How to select a jury for Trump —Celebrity trial jury instructions —Biden swings again at student loan forgiveness —Did the Warren court birth originalism? —Originalism vs. platonic idealism —More questions from a high schooler —How do judicial ethics actually work? —The myth of the 6-3 court —The most important SCOTUS decisions 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 Isker. That's David French. And I'm weirdly extra excited

0:25.0

about today's podcast. As David, we are heading into a very busy season at

0:29.7

the Supreme Court, but not yet. And that gives us a chance to talk about Trump jury selection,

0:35.6

the Biden student loan plan B,

0:38.6

and the rest of those high school students questions

0:41.6

and a little pushback from a federal judge that I

0:44.7

wanted to get to. But first let's at least preview what's about to happen at the

0:50.1

Supreme Court starting next week.

0:52.6

So a couple cases to flag for everyone.

0:55.6

First, the January 6th obstruction charges case

1:00.2

is being argued on the 16th does a federal law prohibiting obstruction of

1:05.0

Congress inquiries and investigations include acts unrelated to

1:09.4

investigations and evidence i.e. you, breaking into the capital. The Trump absolute

1:14.4

immunity case is being argued later this month as well. I don't think we need to

1:19.2

remind people what that case is about. The Idaho abortion law and health of the mother, that's about

1:26.4

whether the Federal Emergency Medical Treatment and Labor Act preempts state abortion law

1:31.3

regulations requiring hospitals to provide an abortion as

1:34.8

quote stabilizing care when a pregnant woman suffers an emergency medical condition

1:39.6

that might demand it. Oh I forgot the homeless encampment case is also being argued.

1:44.0

Does enforcement of generally applicable laws regulating camping on public property

1:48.0

constitute cruel and unusual punishment prohibited by the Eighth Amendment?

...

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