How and Why We Change

In a glorious pod about which songs will be sung and tales will be told, ...

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In a glorious pod about which songs will be sung and tales will be told, Sarah and David talk about our puzzling and arbitrary death penalty, briefly discuss a pronoun case, and then talk about change. Why aren’t we the people we were 10 years ago? Finally, they ask and answer the question: Do we need more trial lawyers on the Supreme Court?

Show Notes:

–Supreme Court order list

–Love v. Texas

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  1. Deleted Comment

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    Ed B

    This episode showed the intellectual honesty that makes this podcast great, imo. Agree on private practice as needed diversity in the Court. And a few other law schools!

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    Emilyasbenson

    My family has lived in MI and South Bend, IN for nearly 200 years, and I had never heard the term "Cornhole" until recently (infamous GLoP podcast...). It was always "Beanbag"/"Beanbag Toss."

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  4. Nancy Lippincott

    I agree with those who say Advisory Opinions provides space for calm, good-faith discussions, which is why my husband and I subscribe the The Dispatch. I also want to say I like your changes . They come across as the measure of your evolving maturity. I can't find fault with that.

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  5. Brendan Bossard

    First, thank you for an interesting podcast despite slim legal pickings. You undersold and overdelivered!
    Second, I have some thoughts about the composition of the U.S. Supreme Court. I agree that this esteemed body needs a more life experience in its mix. I am reminded of the "court" system in ancient Israel. Moses served as the Supreme Court, but he set up a court hierarchy composed of "able men from all the people, men who fear God, who are trustworthy and hate a bribe" (Exodus 18:21, ESV)--not much said about edumacation! He himself was trained in Pharaoh's court, but then became a fugitive for killing an Egyptian in defense of his Jewish brethren and served forty years as a shepherd in the wilderness. He married and had children before God called him to lead Israel out of bondage at eighty years of age. In short, he experienced it all. We need more of this in the Court.
    I think that curriculum vitae is given too much weight in all walks of life, not least in the U.S. Supreme Court. Nothing compensates for the wisdom of experience. Precedent is important, to be sure, and this requires extensive knowledge; but I note that even the most educated Justices need clerks to do their research! The Constitution itself does not require more than a high school education to comprehend. It is a grand tool when wisely wielded.
    The Court is about the right size for a squad. Each member makes a useful contribution. The right mix for me would be (generally): one liberal egghead, one conservative egghead, one institutionalist egghead; one criminal court judge, one criminal attorney; one family court judge, one family attorney; two more from any legal sector. Not that I would rigidly stick to this formula. All need proven integrity. Political balance will handle itself.

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  6. Rdtomasello51

    I do really appreciate the independent critical thinking that both David and Sarah display in just about every subject they embark upon. People can and do adjust or change their thoughts on subjects over time and circumstances in their own personal lives. Otherwise, we are static and fail to interact especially with those we disagree with. No interaction means calcification of one's views and increased insulation. And occasionally more virulent expressions of those views. Kudos to both for employing that independent critical thinking, even at the risk of false accusations being made. And for the courage to persevere despite it all.

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    Danmeir42

    Sarah, just listened to this and it was a nice coincidence to hear the name of Ben Barton, a member of a podcast trio: 50 Years of Music w/50 Year Old White Guys (It's aimed at people like David and me but anyone might enjoy). He'd be an interesting guest for AO

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    Will Roberts

    We can never make a perfect death penalty system. The question is it worth it to kill a few innocent people to make a death penalty omellete? If David French supports the death penalty the answer has to be yes. Otherwise he should stop supporting the death penalty in principle.

    https://deathpenaltyinfo.org/policy-issues/innocence/executed-but-possibly-innocent

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    Anne W (Raw5254)

    Thank you, David, for explaining your “change” in thinking. I know you’ve gotten a lot of criticism from people on the right, and it has always bothered me. You are a very thoughtful and caring person, and I think being able to change our minds, or at least take another look, is one of the most important things people should be willing to do.

    Isn’t life about growth? What is the point if we decide on a certain belief, and then dig our heals in and refuse to question it when it needs to be questioned. It doesn’t mean we have to completely abandon it, but we should be more flexible in looking at things from different points of view.

    I’ve found myself questioning a lot of things as I grow older. I’ve changed my mind a number of times, too. I don’t see that as a failing. In fact, I like that about myself.

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    Ben Connelly

    Corn hole may or may not have originated in the Midwest, but I grew up in the South (anyone who says, “Virginia isn’t the South” didn’t grow up in the town where both RE Lee and Stonewall Jackson are buried) and corn hole was pretty well known. The adults I knew as a child (Boomer and Gen X) didn’t act like it was anything new. So I’m pretty sure it’s been around a while.

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