Advisory Opinions SCOTUS Long Conference and 'Insecure Originalists'
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Oct 7, 2025 
David Lat, founder of Original Jurisdiction and seasoned legal commentator, joins to dissect the Supreme Court's long conference. They explore the implications of several key decisions, including the sentencing of Justice Kavanaugh's would-be assassin, and delve into why Ghislaine Maxwell's appeal was dismissed. The discussion also critiques Justice Alito's views on originalism versus living constitutionalism, shedding light on how judicial philosophies could shift the future of landmark rulings like Obergefell.
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End Of Filibuster Changed Judicial Incentives
- Post-filibuster confirmations change incentives for judges seeking promotion and public profiles.
- Sarah Isgur warns judges may take more overt, partisan stances to appeal to their base rather than hide controversial records.
Alito Criticizes Obergefell But Won't Call To Overrule
- Justice Alito explicitly said he is not urging Obergefell be overruled but reiterated his criticisms.
- He framed stare decisis and precedent as protecting Obergefell's stability even while critiquing its reasoning.
Obergefell's Reliance Interest Makes Reversal Hard
- Obergefell's reliance interests are unusually strong because marriages create durable legal relationships.
- That reliance makes overruling more difficult than simply arguing the original decision was wrong.