Season 6, Episode 25 (Show 287): Dissenting from the Dissents

July 16, 2026

In Trump v. Barbara, the dissents made policy arguments.  We look at why that’s not enough – even if they were correct – and how that fits into a general theory of dissents.

CLE Credit Available for this episode from podcast.njsba.com.

How could the vote in Trump v. Barbara have been as close as it was?  Many have been bewildered by the vote in this case, given the strength of the arguments in Chief Justice Roberts’ majority opinion, the long history of birthright citizenship, the statutory history, and the clear text of the 14th amendment.  We try to understand this by looking at how the dissents took an aberrant and incorrect approach to the very act of dissenting.  To do this, we have to look at a general theory of dissents at the Supreme Court – and so we do.  Meanwhile, a foreign nation’s holiday is celebrated, as well it should be given this nation’s role in our own achievement of independence.

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