Last Branch Standing | Interview: Sarah Isgur

The Remnant with Jonah Goldberg1h 23mApril 13, 2026

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AI-Generated Summary

In this episode of The Remnant, Jonah Goldberg interviews Sarah Isgur, legal analyst and host of the SCOTUS blog, about her new book, *Last Branch Standing: The Supreme Court and the Future of American Power*. The conversation explores the evolution of the Supreme Court from its underwhelming beginnings under John Jay to its current role as the last check on executive and legislative overreach. Isgur argues that the Court is not a 6-3 ideological machine but a 3-3-3 dynamic of three distinct ideological and institutionalist blocs: the liberal institutionalists (Kagan, Sotomayor, Jackson), the libertarian 'honey badgers' (Alito, Thomas, Gorsuch), and the popular 'institutionalists' (Roberts, Kavanaugh, Barrett). She challenges the myth of constant ideological division, showing that many so-called 'big cases' are actually 3-3-3 splits, not 6-3. The discussion also delves into originalism’s rise as a reaction to judicial overreach, the institutional fragility of the Court, and the cultural significance of justices’ personal lives and quirks. Isgur reflects on her own journey from a fired congressional aide to a legal commentator, and the emotional and professional labor of writing a book. The episode ends with a lighthearted lightning round of fun facts about each justice and a heartfelt endorsement of the book’s accessibility and insight. Key takeaways include: (1) The Supreme Court is best understood not as a 6-3 ideological split but as three distinct blocs with different institutional priorities; (2) The Court’s power has grown not because it’s more powerful, but because the other branches have abdicated their constitutional duties; (3) Originalism is a reaction to judicial overreach, not a return to the founding—its rise was delayed and now faces internal contradictions; (4) Institutionalism, not ideology, often determines how justices vote; (5) Precedent is more art than science, and the idea that the Court never overturns precedent is a myth; (6) The book is a must-read primer for understanding the Court’s role in modern American politics. The tone is intellectually rigorous yet playful, blending deep legal insight with humor and personal storytelling.

Key Takeaways
1

The Supreme Court is not a 6-3 ideological court but a 3-3-3 dynamic of three institutionalist blocs: liberal institutionalists, libertarian 'honey badgers', and popular 'institutionalists'.

2

The Court’s current power stems from the abdication of the other branches, not from inherent strength—making it the 'last branch standing'.

3

Originalism is not a return to the founding but a reaction to judicial overreach, and its rise was delayed due to the Court’s lack of docket control in the 19th century.

4

Institutionalism—concern for the Court’s legitimacy and stability—often drives decisions more than ideology, especially among Roberts, Kavanaugh, and Barrett.

5

Precedent is not a fixed rule but a fluid, often artful process of distinguishing facts, and the Court overturns precedent less than commonly believed.

…and 1 more takeaway available in PodZeus

Chapters
0:00
10 min

Intro and Book Premise: The Supreme Court as the Last Branch

Jonah Goldberg introduces Sarah Isgur and her new book, *Last Branch Standing*, framing it as a primer for non-lawyers on the Supreme Court’s role in American governance. Isgur explains the book’s origin: a gap in accessible Supreme Court education, especially for podcast listeners wanting to understand legal discussions.

10:00
10 min

The Origins of the Court: John Jay and the Anatomy Riots

He got hit in the head with a brick during the anatomy riots of 1788. This is The Remnant, right? Where we can go on little side quests because I think this is really like just this fun story.

Highlight
20:00
10 min

Originalism as a Reaction to Judicial Overreach

Originalism comes up as a solution to a problem, which is the platonic guardian problem, we can call it. This idea that we're just going to put smart, well-intentioned, good faith people as justices on the Supreme Court and that they will solve our most vexing policy problems.

Highlight
30:00
10 min

The 3-3-3 Model: Understanding Court Dynamics

It's not six of them sitting together and three of them at that lunch table. There's three lunch tables and there's three of them at each of the three lunch tables.

Highlight
40:00
10 min

Debunking the Myth of Ideological Division

At the beginning of the term, I just, I want to hand every law professor a sheet of paper with all the cases and I want them to check for me which ones are the big cases. And then at the end... We can see how many were 6-3 their way and how many were in fact 6-3 my way.

Highlight
High-Impact Quotes
The equivalent of this question is asking a woman, as the baby is crowning and things are ripping down there, are you glad you had a child? She's like, get the hell out of the delivery room.
Sarah Isgur130:20
Viral: 92.0
Originalism comes up as a solution to a problem, which is the platonic guardian problem, we can call it. This idea that we're just going to put smart, well-intentioned, good faith people as justices on the Supreme Court and that they will solve our most vexing policy problems.
Sarah Isgur22:10
Viral: 90.0
At the beginning of the term, I just, I want to hand every law professor a sheet of paper with all the cases and I want them to check for me which ones are the big cases. And then at the end... We can see how many were 6-3 their way and how many were in fact 6-3 my way.
Sarah Isgur69:50
Viral: 88.0
Speakers

Host

Jonah Goldberg

Guest

Sarah Isgur
Topics Discussed
Supreme Court Structure95%Originalism and Judicial Philosophy90%Institutionalism in the Supreme Court88%Supreme Court History85%Precedent and Legal Reasoning80%Justice Personalities and Biographies75%Legal Education for the Public70%Book Writing and Publishing65%
People & Brands

Sarah Isgur

person

120xPositive

Jonah Goldberg

person

110xPositive

Supreme Court

organization

95xNeutral

Clarence Thomas

person

25xMixed

Brett Kavanaugh

person

22xPositive

Neil Gorsuch

person

20xPositive

Elena Kagan

person

18xPositive

Sonia Sotomayor

person

16xPositive

John Jay

person

15xMixed

Samuel Alito

person

15xPositive

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