‘Who Has the Pen?’

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