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