Could Joe Biden sue a faithless delegate? Would Brown v. Board exist if a supermajority had opposed integration? Is the next generation of lawyers doomed? In a special live recording at the American Enterprise Institute, Sarah and David contemplate a series of worst-case hypotheticals and answer audience questions. Bonus: originalist David French (somewhat) defends the Warren Court.
Agenda:
—Bound, free, and faithless DNC delegates
—How the 12th Amendment could cause a 13th-hour, three-way race for president
—What the 25th Amendment might mean for Vice President Kamala Harris
—The legitimacy of a counter-majoritarian Supreme Court
—SCOTUS as a lagging indicator
—The fairness problem of the “Stolen Seat”
—Common-good constitutionalism, originalism, and the battle for the legal right
—Expertise and the elites
Show Notes:
—Brown v. Board of Education
—Plessy v. Ferguson
—Advisory Opinions’ “Chevron is Dead, Long Live Chevron”
—The Dispatch’s fact-check of Project 2025
—Gallup & Pew’s SCOTUS polling
—New York Times: “Donors to Pro-Biden Super PAC Are Said to Withhold Roughly $90 Million”
—Bostock v. Clayton County
—Whole Woman’s Health v. Hellerstedt
—June Medical v. Russo
—Buck v. Bell
—The Atlantic: “How Liberal College Campuses Benefit Conservative Students”
—Kamala Harris’ viral “coconut tree” moment
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