Originalism v. Common Law

"The one thing we can say about Roe is that it did not settle the issue."

Published May 7, 2024

Judge Edmund Sargus from the Southern District of Ohio joins Sarah and David to take on originalism and different means of constitutional interpretation.

The Agenda:
—Brown v. Board of Education and the different judicial philosophies that can be applied to the case
—Originalism vs. common law traditionalism
—Challenges and limitations of textualism and originalism
—Landmark cases and the Supreme Court’s decisions shaping societal progress
—Interpreting ambiguous constitutional terms like ‘equal protection’ and ‘due process’
—Thus ends DEI

Show Notes:
—Plessy v. Ferguson
—Rutan v. Republican Party
—Bostock v. Clayton County
—Loving v. Virginia
—A blast from the past: Rep. James A. Traficant found guilty of corruption
—David for the NYT: The Magic Constitutionalism of Donald Trump
—Seceding from Secession: The Civil War, Politics, and the Creation of West Virginia
—Fifth Circuit opinion from Judge Andrew Oldham

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Sarah Isgur

Sarah Isgur is a senior editor at The Dispatch and is based in northern Virginia. Prior to joining the company in 2019, she had worked in every branch of the federal government and on three presidential campaigns. When Sarah is not hosting podcasts or writing newsletters, she’s probably sending uplifting stories about spiders to Jonah, who only pretends to love all animals.

David French

David French is a columnist for the New York Times. He’s a former senior editor of The Dispatch. He’s the author most recently of Divided We Fall: America's Secession Threat and How to Restore Our Nation.