GoodFellows: Conversations on Economics, History & Geopolitics

“Deciders”, “Honey Badgers”, and “Lonely Liberals”: Sarah Isgur on a Divided Supreme Court

Brief

The episode opened on the United States Supreme Court with Sarah Isgur, author of Last Branch Standing, laying out a practical way to read today’s nine‑justice Court: not simply "Republican vs. Democrat" but a two‑dimensional map of ideology and institutionalism. Isgur’s 3‑3‑3 taxonomy groups Kagan, Sotomayor and Jackson as “lonely liberals”; Chief Justice Barrett and Kavanaugh as the institutionally driven “deciders”; and Thomas, Alito and Gorsuch as the doctrinally adventurous “Honey Badgers.” Using the recent 6–3 Voting Rights Act ruling as an example, she showed how different trios can combine to produce outcomes that don’t neatly track appointing party labels. She warned that modern confirmation politics—the removal of judicial filibusters and intense forum shopping—threaten public confidence and urged Congress to reclaim its role (even proposing stricter supermajority thresholds) rather than resorting to court‑packing.

Conversation shifted to looming contentious cases: birthright citizenship, Chevron and other administrative‑state questions, and the post‑Dobbs landscape. Isgur argued Dobbs was a bombshell because it returned an entrenched cultural issue to politics; by contrast, this term’s dockets are often statutory questions where Congress can answer. On birthright citizenship she outlined three realistic outcomes and favored a decision striking down an executive order and directing Congress to legislate (citing the 1952 statutory history). The second half of the show turned to geopolitics: Neil Ferguson and HR McMaster critiqued the execution of the U.S. Iran campaign (saying the Strait of Hormuz should have been opened by force earlier), judged Iran is prolonging talks to maximize U.S. economic pain, and predicted Trump will avoid a JCPOA‑style restart. Both expected the Trump–Xi summit to focus on Taiwan as the primary red line, with semiconductors/rare earths and trade also on the agenda but limited immediate breakthroughs likely. The program closed on economic policy: panelists supported Kevin Warsh’s confirmation but emphasized his early challenge—maintaining Fed independence while responding to inflationary pressure that could be exacerbated by disruptions in the Strait of Hormuz.

Why it matters

Sarah Isgur (SCOTUSBlog/ABC) introduced a 3‑3‑3 model for the nine justices: “Lonely liberals” (Kagan, Sotomayor, Jackson), “Deciders” (Chief Justice Barrett, Kavanaugh) and conservative “Honey Badgers” (Thomas, Alito, Gorsuch), explaining ideology (x‑axis) and institutionalism (y‑axis) as orthogonal forces shaping coalitions.

Key details

  • Isgur said the recent Voting Rights Act ruling (6–3) combined the Deciders plus the Honey Badgers; she noted last term ~15% of cases were 6–3 or 5–4 and that many outcomes hinge on which three‑member blocs coalesce.
  • On birthright citizenship Isgur outlined three possible Supreme Court outcomes: (1) affirm 14th Amendment textually, (2) punt and demand concrete facts/cases, or (3) strike down a presidential executive order and require Congress to pass new law—she judged (3) the likeliest, citing a 1952 statute and separation‑of‑powers precedents.
  • Isgur warned the bigger threat to Court legitimacy is partisan appointment dynamics (end of filibuster for judges, forum shopping, primary‑style confirmations), urging Congress to restore constraints (her suggestion included a tougher supermajority requirement) rather than court‑packing or abolition.
  • On Iran, Neil Ferguson and HR McMaster argued the initial military phase (Operation Epic Fury) was insufficient to open the Strait of Hormuz, that Iran is prolonging talks to inflict economic pain, and both predicted Trump will resist a JCPOA‑style deal that would revive frozen Iranian assets.
  • Regarding the Trump–Xi summit, panelists expected Taiwan to be the central red line Xi will press (seek a US statement opposing Taiwan independence); other likely topics are semiconductors/rare earths and fentanyl/tariffs, but Neil predicted more mood music than concrete quid pro quos.
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