About this episode
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 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