Advisory Opinions The Dissent Heard Around the World
24 snips
Nov 20, 2025 In this discussion, Judge Jerry Smith's striking dissent on Texas's redistricting sparks debate over judicial conduct. The hosts unpack the complexities of voting rights and the implications of recent grand jury proceedings involving James Comey. Unexpected topics also arise, from the humor in Sudafed mishaps to the curious world of black market parrot deals. The conversation highlights the tension between legal processes and political motivations, making for an engaging exploration of current events.
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Partisan Framing Undermines Persuasion
- Smith paints the dispute as partisan warfare, invoking George Soros and Gavin Newsom funding to discredit plaintiffs.
- David French and Sarah Isgur note the rhetoric is inflammatory and risks undermining the dissent's persuasive value.
Tone Can Undercut Valid Legal Arguments
- While Smith's substantive legal critique may be sound, his personal attacks and focus on donors are inappropriate.
- David French warns the tone makes it harder for higher courts to adopt Smith's reasoning despite its potential correctness.
Supreme Court Faces Hard Interim Choice
- The Supreme Court must pick interim maps for filing deadlines and may favor the most recent maps, complicating relief.
- Smith's public dissent likely makes the Court's decision harder and invites dissents of its own.
