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David French

๐Ÿ‘ค Speaker
1977 total appearances

Appearances Over Time

Podcast Appearances

The Opinions
ICE Is Splitting America in Two

I could almost count to eight or nine for that position, leaving aside Thomas.

The Opinions
ICE Is Splitting America in Two

I agree, Emily, that he was more opaque.

The Opinions
ICE Is Splitting America in Two

But there's another thing that was very interesting, and I don't think enough people have noticed this,

The Opinions
ICE Is Splitting America in Two

The advocate for Lisa Cook was Paul Clement, okay?

The Opinions
ICE Is Splitting America in Two

And this is significant because what you had was a fight between sort of the archetype of MAGA legal philosophy and the Solicitor General, probably the best advocate for MAGA legal philosophy in America is the current Solicitor General, John Sauer, against not just any conservative attorney,

The Opinions
ICE Is Splitting America in Two

but a guy who would be like at the Council of Elrond of originalism.

The Opinions
ICE Is Splitting America in Two

I mean, this is a guy who is sort of the archetype of the conservative attorney.

The Opinions
ICE Is Splitting America in Two

And so you had Magalov versus classical conservatism, quite frankly, in that fight.

The Opinions
ICE Is Splitting America in Two

And so what Clement was able to do was to really ping all of Justice Roberts and Barrett's and Kavanaugh and Gorsuch's

The Opinions
ICE Is Splitting America in Two

All of their originalism, you know, like set off all of their originalism bells, right?

The Opinions
ICE Is Splitting America in Two

And he was able to do that fluently.

The Opinions
ICE Is Splitting America in Two

And it was fascinating to listen to the argument because...

The Opinions
ICE Is Splitting America in Two

As it went on, I felt like Clement was getting so much more confident.

The Opinions
ICE Is Splitting America in Two

It was like, oh, I win through door number one, but if you don't like door number one, door number two is fabulous as well.

The Opinions
ICE Is Splitting America in Two

I win through door number two.

The Opinions
ICE Is Splitting America in Two

And rarely have I left an oral argument or listened to an oral argument and emerged from it

The Opinions
ICE Is Splitting America in Two

thinking that the outcome was more clear than this one.

The Opinions
ICE Is Splitting America in Two

Now, watch that be famous.

The Opinions
ICE Is Splitting America in Two

You know, it's always famous last words that you watch an oral argument and you're pretty convinced it could go one way and it goes the other.

The Opinions
ICE Is Splitting America in Two

But I would be stunned, stunned.