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Advisory Opinions

The Safe Harbor Deadline

Advisory Opinions

The Dispatch

News, Government, Politics

4.74K Ratings

🗓️ 7 December 2020

⏱️ 81 minutes

🧾️ Download transcript

Summary

U.S. federal law’s “safe harbor deadline” means that most presidential election law cases will be resolved by tomorrow, December 8. Today, David and Sarah discuss what’s next for Trump loyalists who have an unshakable belief that the election was stolen. Stay tuned for a conversation about changes to the citizenship test, a 9th Circuit transgender bathroom case where cert was denied, parental and student rights in public education, and why so many conservative lawyers don’t buy the Trump campaign’s legal strategy. Show Notes: -U.S. code on meeting and voting of electors, determination of controversy as to appointment of electors, and counting electoral votes in Congress. -“Preparing for a Disputed Presidential Election: An Exercise in Election Risk Assessment and Management” by Edward Foley in the Loyola University Chicago Law Journal. -“The ‘Safe Harbor’ Deadline Is upon Us” by Jim Geraghty in National Review. -Parents for Privacy v. Barr. -“Why Do So Many Americans Think the Election Was Stolen?” by Ross Douthat in the New York Times. -Brown v. Hot, Sexy and Safer Productions, Inc. -“Coronavirus: When a High-Trust Response Is Required in a Low-Trust Time” by David French in The Dispatch. 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.

0:04.0

Welcome to the advisory opinions podcast is this David French with Sarah Isger and we're

0:25.7

going to be covering of course of course we're now we've now finished month one of election

0:33.4

2020 Sarah and it's almost over and we're going to explain what we mean by almost over.

0:42.0

We're going to talk about changes to the citizenship test that the Trump administration is making

0:47.2

and it's a more interesting discussion than you might imagine we're also going to talk

0:51.6

about I don't know let's let's go real controversial a bit about transgender bathrooms there was

0:58.9

a or transgender access to bathrooms of the person's choice there was actually a Supreme

1:04.0

Court case or a Ninth Circuit case where cert was denied and it's going to lead us to

1:09.9

a conversation a little walk down memory lane and a discussion of parental rights and student

1:17.0

rights in public education and we're going to wind up by talking about an interesting

1:22.4

question a couple of interesting questions and we're going to try to give some time to

1:26.7

this and that is why is it that people are believing a lot of these really crazy conspiracy

1:36.0

theories about the election and why is it that a particular branch of the conservative

1:41.5

movement seems to have rejected them very decisively and very distinctly from all of the

1:48.6

other branches and that's all I'm going to say Sarah because I want people to hang in

1:53.7

there and listen to this whole podcast before they that mystery is resolved who is which

1:59.6

branch of the conservative movement is distinguishing themselves in this moment and why

2:04.1

yeah so anyway so we're recording this on December 7th 2020 Pearl happy Pearl Harbor

2:14.3

day is that a is that how you say that no probably not I'm sorry I don't think so so we're

2:21.2

recording this on Pearl Harbor day and tomorrow is notable tomorrow is very notable and

...

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