Reading the Founders’ Minds

Judges judging judging.

Published February 1, 2024 • Updated January 31, 2024

Judge John K. Bush of the Sixth Circuit Court of Appeals joins Sarah to discuss the method and merits of the “history and tradition test.” But first, Sarah and David dive into some Supreme Court gossip.

The Agenda:

—Addressing Justice Sotomayor’s comments

—David’s gross speculation

—More immigration talk

—The problem with Remain in Mexico

—Why we have hate crimes

—Tiers of scrutiny

—The problems with “history and tradition”

—How to become a clerk for Judge Bush

—How Judge Bush judges judging

Show Notes:

—Judge Bush’s profile at the Federalist Society

—Turner v. United States

—R.A.V. v. City of St. Paul

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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.

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