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[Show Intro]
Thomas: Hello and welcome to Opening Arguments, this is episode 502. I’m Thomas, that’s Andrew, how’re you doing sir?
Andrew: I am fantastic, Thomas, how are you?
Thomas: I’m doing fantastic because I loved 501 so much.
Andrew: [Laughs]
Thomas: It was one of those ones that was a joy to edit. Just going through it the second time, you did such a good job there, Andrew. Guess what, everybody? I think Andrew has a little announcement about our content that we’re deciding to do these next few episodes.
Andrew: CRT is in the news right now, we wanted to do these episodes back-to-back so that if you’re out there sharing, maybe even sharing these episodes with an Uncle Frank in your life, you can kind of point that person to two episodes, back-to-back, two plus hours on Critical Race Theory and just as an introduction to that. Yes – so, Uncle Frank if you’re listening. Yes. This is a liberal show, okay? But nothing we’re going to tell you about Critical Race Theory has to do with our political opinions. Part of that is because I, the lawyer involved, am not a Critical Race Theorist. [Laughs] I have no incentive to secretly hide what it is so we can indoctrinate our children.
I can prove that to you if you go back and listen to episode 477, which was my leftwing critique of originalism. No reason to lie about that. I talk about my jurisprudential hero, Ronald Dworkin; and in particular I defend the idea that there are some objectively right answers in legal cases. They include cases like “you’ve gotta be 35 to be the President,” and they also include harder ones, like no, the 3rd Amendment does not give you a claim against surveillance by a FISA court.”
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