"A Process Girl Living in an Outcomes World"
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In this episode of the CSPI Podcast, host Richard interviews Sarah Isker, author of 'Last Branch Standing,' a compelling exploration of the Supreme Court's role as a counter-majoritarian institution in an increasingly outcomes-driven political landscape. Isker, a former public affairs head at the DOJ during the Trump administration, reflects on her journey from a Texas-born wildlife rehabilitator’s daughter to a Harvard Law graduate and government servant. She candidly discusses her complex relationship with Donald Trump—initially a critic, then a reluctant participant in his administration—highlighting the tension between principle and duty. The conversation pivots to her book’s central thesis: the Supreme Court is not a policy-making body but a guardian of process, tasked with determining who decides, especially when Congress and the presidency fail to do their jobs. Isker argues that the court’s legitimacy stems from its insulation from populism and its adherence to constitutional fidelity, contrasting it with the chaotic, emotionally charged dynamics of modern politics. She critiques the decline of institutional incentives in Congress, the distortions of campaign finance reform, and the rise of ideologically driven movements like common good constitutionalism, which she sees as a dangerous fusion of authoritarianism and performative virtue. Despite current pessimism, Isker expresses cautious optimism, pointing to generational shifts in media consumption, the waning appeal of outrage culture, and the emergence of a more thoughtful conservatism rooted in intellectual humility and joy rather than anger.
The Supreme Court’s primary role is to determine who decides, not what the decision should be.
Congress and the presidency have abdicated their responsibilities, forcing the court to fill the void.
Campaign finance reform has unintentionally empowered outrage-driven small donors over stable, policy-focused large donors.
Common good constitutionalism is a dangerous ideological fusion that undermines process in favor of outcome-driven governance.
The future of conservatism may lie not in populism or outrage, but in intellectual humility, process, and joy.
Introduction and Personal Origins
Sarah Isker introduces herself as a Texan raised with wildlife, a Harvard Law graduate, and a former DOJ public affairs head. She shares her journey from a conservative nonprofit summer job to her complex relationship with Donald Trump.
The Trump Administration Experience
Isker recounts her service in the Trump DOJ during the Russia investigation, describing the intense political pressure and the unique 'band of brothers' dynamic. She reflects on the ethical dilemma of serving a president she initially opposed.
The Supreme Court as the Last Branch Standing
“The only thing the Supreme Court does is decide who decides.”
Congress and the Presidency: The Failure of Accountability
Isker argues that Congress has abdicated its legislative role and the presidency has overreached through executive orders, forcing the court to become the de facto decision-maker.
The Rise of Common Good Constitutionalism
“I thought it was a satire. I was like, guys, you're missing it. This is genius.”
“I thought it was a satire. I was like, guys, you're missing it. This is genius.”
“Clear eyes, full hearts. Can't lose guys. We can do this.”
“The only thing the Supreme Court does is decide who decides.”
Host
Guest
Sarah Isker
person
Donald Trump
person
Supreme Court
organization
Richard
person
Department of Justice
organization
Federalist Society
organization
David French
person
Adrian Vermeule
person
Brett Kavanaugh
person
John Marshall Harlan
person
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