Confirming a Justice Before a Vacancy

Sarah Isgur and David French discuss bypassing the Electoral College through the National Popular Vote Compact, review the Department of Justice’s criminal investigation into the Dobbs decision leak, and break down the fight between the Berkeley Homeless Union and the City of Berkeley trying to clear out homeless encampments. But first, Sarah defends her online take of how you can confirm a Supreme Court justice before a current justice retires. The Agenda: –Don’t hitchhike, except when it’s really important –What exactly was the crime in the Dobbs decision leak? –Stop worrying and learn to love forum shopping Show Notes: Want to see more of The Dispatch in Google search? Add Us as a Preferred Source 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. She’s also an ABC News contributor and the New York Times bestselling author of Last Branch Standing, a deep dive into the inner workings of the Supreme Court. 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 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. The podcast transcription below was generated using artificial intelligence and may include occasional errors or misspellings. Music 0:00 [metal clinking] Ready? Music 0:02 I was born ready. Sarah Isgur 0:03 [upbeat music plays] Welcome to Advisory Opinions. I'm Sarah Isgur. That's David French. And this will just be your reminder that hopefully your parents already had this talk with you. Definitely don't hitchhike, Sarah Isgur 0:31 except when it's really important. We'll talk about that. I need to explain further the constitutional and legal reasons that we don't always wait for a judicial vacancy to do a judicial confirmation. Signing the commission, not the same as Senate advise and consent, so says the Biden administration at least. But for some reason, this was seen as the most right-wing thing I ever could have described. The National Vote Compact, why David thinks it's a bad idea, but also Professor Akhil Amar, who kind of came up with the idea, has said it's a Dr. Strangelove baby he created. The Department of Justice opens an investigation into the Dobbs leak. What crimes could have been committed? We finally get to talk about that Boumaite dissent I've been waiting on. And David, forum shopping. Sarah Isgur 1:24 Maybe we should stop worrying and learn to love the forum shopping. Interactive transcripts are available to Premium members. Join to follow along with the audio. Join Now More We Think You’d Like