Supreme Court Fight Kicks Off

ABOUT THIS EPISODE

The Senate Judiciary Committee kicked off its confirmation hearings for Supreme Court nominee Amy Coney Barrett today with a predictably partisan spin. There were dog whistles from Republicans about religious tests and procedural complaints from Democrats in defense of the Affordable Care Act and against advancing Barrett’s nomination before November 3. But all things considered, the first day of the hearings was relatively uneventful, which may have come as a shock to those who watched the rather lively Brett Kavanaugh hearings in 2018.

Our podcast hosts argue that boredom is a win for the Biden campaign’s Do No Harm strategy, as any sound bite attacking Barrett’s religion or character could depress the Democratic candidate’s current 10-point lead over Trump. David argues that if Democrats want to preserve Biden’s steady lead, they will do everything to avoid even “a single viral moment that puts them in the villain role” during these hearings. Check out our latest episode to hear David and Sarah discuss the Affordable Care Act’s lifespan, partisan judicial elections on the state level, and the Capitol Hill Baptist Church lawsuit.

Show Notes:

-FiveThirtyEight’s presidential polling average, and The Sweep: The Witching Hour.

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Episodes (86)

Episode 86 · 2 weeks ago

The Church of Voter Fraud

Twitter is brewing with wildly unsubstantiated claims of voter fraud as election officials in battleground states continue to count ballots. For today’s myth busters edition of the podcast, David and Sarah discuss the nitty gritty details surrounding ballot-counting processes and whether the conspiratorial claims surrounding voter fraud allegations have any merit. “If voter fraud is a religion for you,” Sarah warns, “go find yourself another pod today.” They wrap things up with a conversation about exit polls and some Supreme Court punditry.

Show Notes:

-The Sweep: “Your 2020 Election Night Guide,” Employment Division v. Smith.

-Join The Dispatch for a post-election gathering featuring congressional leadership and top policy experts November 9-10: Sign up here!

Episode 85 · 2 weeks ago

Pivot Counties

It’s Election Day eve and our podcast hosts have their presidential race forecasting models at the ready. After a helpful breakdown on pivot counties in swing states, David and Sarah give us some punditry on the 15 Senate races they’re watching closely this cycle. “Generally speaking, the Senate and presidential numbers are getting closer together over the last few cycles, not farther apart,” Sarah says on today’s podcast. Check out this prediction heavy episode of Advisory Opinions, in which our hosts give us a state of play on the presidential race and offer their thoughts on a controversial election lawsuit in the Lone Star state.

Show Notes:

-David’s latest French Press, “I’m Here To Remind You That Trump Can Still Win” by Nate Silver in FiveThirtyEight, FiveThirtyEight’s presidential polling average in Pennsylvania, Texas election lawsuit.

Episode 84 · 3 weeks ago

Voting Battles Head to Court

We’ve already seen record early turnout this election cycle. Our hosts have three major takeaways from the surge: 1) It means the polls are more likely to be accurate (the registered voter number is likely to reflect the actual voter number), 2) It means that we’re going to see interesting shift in how both candidates’ spend time on the campaign trail before Tuesday, 3) It means we have a record number of absentee ballots, which will lead to a concomitant surge in election litigation. In the hopper for the rest of today’s podcast: judicial oaths of office, turnout in swing states, and election litigation galore (with a close look at Wisconsin and Pennsylvania!)

Show Notes:

-Join The Dispatch for a post-election gathering featuring congressional leadership and top policy experts November 9-10: Sign up here!

-Marquette Law poll on voters’ optimism that their preferred candidate will win, Wednesday’s Morning Dispatch: “Election Litigationpalooza,” a statement on the Pennsylvania ballot deadline litigation from Justices Alito, Gorsuch, and Thomas.

Episode 83 · 3 weeks ago

Early Voting Numbers Explained

Echelon Insights predicts that we will see record turnout this election cycle. How might a surge in, say, 2o million new voters this year affect the presidential race in battleground states? “If we’re talking the day after the election about why the polls were wrong,” Sarah warns on today’s episode, “it will be because of the extraordinary turnout, and [pollsters] were unable to figure out where those turnout increases were coming from.” Tune in to today’s episode to hear David and Sarah’s take on early voting in swing states, the importance of political rallies, and the DoJ’s antitrust lawsuit against Google.

Show Notes:

-Join The Dispatch for a post-election gathering featuring congressional leadership, top policy and political experts November 9-10: Sign up here!

-Most popular websites since 1993 ranked, Google’s statement against the DoJ lawsuit, and For Trump Superfans, Huge Rallies Can't Resume Soon Enough,” by Andrew Egger in The Dispatch.