White’s Fright

Crazy stupid arguments.

By
22

Determined to prove that Advisory Opinions is merely a niche secondary podcast, Jonah is joined today by Adam White—the American Enterprise Institute’s resident law-talkin’ guy—to ramble through the latest in legal controversies. Topics on the docket include a potential Biden impeachment, legal threats to Donald Trump, and how the Supreme Court is holding up in these turbulent times. Plus, tune in to find out if America will ever become a land without lawyers.

Show Notes:

—Adam: “Common Law Judgements, Common Sense Justices”
—Kurt Lash on the 14th Amendment

By
Comments (22)
Join The Dispatch to participate in the comments.
 
  1. Fwee.Fiore

    Really enjoyed the discussion with Adam White, but wanted to comment on two items I have of disagreement. First one was on the Trump immunity case. I'm undecided on how I think the courts should go. But the arguments one the side of "presidents aren't above the law" and the "we don't want presidents having to worry about partisan prosecutions 10 years after office" have merit. The complaint I have is that the discussion delved into the later argument pretty much NOT at all. And that discussion would be prescient as Trump is being subjected to "lawfare" during an election cycle. Its actually happening NOW which I think gives that argument some well deserved attention.
    The other issue is White's assertion that its the "experts" fault that the public makes uninformed decisions. He's right that we can't expect the public to be experts on the vast array of political topics, BUT most of the public I have discussions with are ignorant of much of history and civics and they make almost no effort to be informed on the "experts' analyses. Despite their responsibility to the republic (if they want to keep it) they choose to remain ignorant. That's on us, the general public and we get the leadership we deserve for it.

    Collapse
  2. Avatar photo
    VarneyofBisbee

    Jonah,
    Have Seth Rogen on, see if anyone can tell the difference between you and him

    Collapse
  3. Moorechaos

    Jonah,

    I agree. Adam White is so chill he should be a yoga instructor. 😄

    Collapse
  4. John Dickmann

    Text, history, tradition :: Data, analysis, norms

    Collapse
  5. Avatar photo
    Marc Frischhertz

    White’s explanation of the work that history and tradition do in the text history and tradition. Analysis sounds a lot like the living constitution that conservatives have rallied against if courts are supposed to look at the tradition, outside of the law itself and the cases interpreting it, and ask, how has America really Behaved over the years, aren’t they by definition making the constitution a living constitution?

    Collapse
  6. Avatar photo
    Charley Warns

    That every bullet fired at George Washington missed was not by chance ... it was destined to be. Imagine a scenario with Trump or Biden as the first president – thankfully that was not in God's plan! How you explained teleology (condescendingly so) the other day reveals you to be either be a deist or atheist. I'm not familiar with other religions, but Catholics believe in a personal God. If there's no purpose or plan, there would be no meaning to our existence; all would be permitted; life would be absurd. At my grave it wouldn't matter if I had lived my life like Mother Teresa or Hunter Biden.

    Collapse
    1. Avatar photo
      Scarlette Tarte

      Life isn't absurd? Could've fooled me.

      Collapse
  7. Avatar photo
    BWG

    Good pod, really enjoyed it. And while I agree that Adam was very level, not getting riled about anything, he definitely was not reticent, which was very good.
    Sarah and David have discussed history vs tradition several times, including once when one of them had run across a good explanation of the difference, possibly from Judge Newsom or Judge Ho. Sadly, I don't recall the AO episode or details of the explanation. But I'm sure David and/or Sarah would be happy to fill you in. ;-)

    Collapse
  8. Jakelow

    Anyone else notice that Adam White’s voice sounds exactly like Klon Kitchen’s? It would be chaos if Jonah had them both on at the same time.

    Collapse
  9. Mmorrissey001

    Good interview and good guest.

    Again borrowing from my favorite, vulgar, Australian engineer on youtube, "the trouble with lawyers is they think everything is open to discussion." I am going to push it one step further (even if I should not). I wish lawyers were required to take a class in thermodynamics or maybe probability and statistics. First, just the general knowledge might be good for them. But primarily as a reminder that there is a difference between fact and opinion.

    Collapse
  10. Avatar photo
    Kit

    Enjoyed the podcast
    But ...
    I have to strongly object to White's reductio ad absudum argument that voters do not have to be experts on various subjects in order to be able to vote. I think there are distinctions among expert, informed and deciding based on something in the ether.
    A significant amount of the time, the ether wins, but that does not excuse being uninformed. Expert, of course, is unattainable in any event.

    Collapse
    1. Avatar photo
      Scarlette Tarte

      They don't have to be, but they should. It would certainly help.

      Collapse
Load More