The American Constitution Society Still Does Not Have A Competing Theory Other Than "Antitrumpism"

Summary

The episode critiques the American Constitution Society (ACS) for lacking a coherent constitutional theory beyond opposing Trump and originalism, highlighting President Phil Brest’s admission that the organization has no affirmative interpretive framework. It references Jeffrey Toobin’s NYT column exposing the absence of a concrete plan for ACS to rival the Federalist Society and notes Brest’s focus on judicial appointments without a clear doctrinal vision. The host argues that without a positive alternative to originalism, ACS remains ineffective, and originalist jurisprudence will continue to dominate.