Advisory Opinions

David and Sarah dive back into the free speech controversy at Yale and parse the difference between a statement being “disappointing,” “so disappointing,” and “bonkers town disappointing.” Then they talk about whether Trump committed a crime when he demanded that Mike Pence follow John Eastman’s legal advice. They end with a bit of fragrant Supreme Court potpourri that smells slightly like bacon. Show Notes: -A Message From Dean Gerken on the March 10 Protest -Eastman v. Thompson -Berger v. North Carolina State Conference of the NAACP -Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith -National Pork Producers Council v. Ross Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah welcome a special guest, Seth Kretzer, the lawyer who argued and won Ramirez v. Collier, the Supreme Court term’s biggest religious liberty case (so far). Sarah and David also talk about Ginni Thomas’s texts, vaccines at the Supreme Court (again), free speech, and Will Smith. Show Notes: -David in The Atlantic: “The Worst Ginni Thomas Text Wasn’t From Ginni Thomas” -Houston Community College System v. Wilson -Ramirez v. Collier Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah discuss Ketanji Brown Jackson’s Supreme Court confirmation hearings and a disruption at Yale Law School. They drill down on claims that Judge Jackson is soft on child porn crimes and amplify their objection to both intolerant students and cowardly administrators. Throughout the podcast, a courageous Sarah fights through COVID to podcast in the face of adversity. Show Notes: -The Dispatch: “Ketanji Brown Jackson Weathers a Marathon Day Two” -National Review: “Senator Hawley’s Disingenuous Attack against Judge Jackson’s Record on Child Pornography” -National Review: “Ho-Hum: The Cases Senator Hawley Cites Show Judge Jackson Is an Unremarkable Sentencer in Child-Porn Cases” -Washington Post: “Josh Hawley’s misleading attack on Judge Jackson’s sentencing of child-porn offenders” -Original Jurisdiction: “Free Speech At Yale Law School: One Progressive's Perspective” Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah discuss red state crime rates versus blue state crime rates, environmental law as a vehicle for rescuing the American constitutional structure, why senators make better presidential candidates than they used to, and the evolutionary psychology behind bad gamer behavior. Show Notes: -Axios: Dem group points to "Red State Murder Problem" -Massachusetts v. Environmental Protection Agency -SCOTUSblog: Greenhouse gases and “major questions”: Justices to hear argument on EPA’s power to tackle climate change Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah hit a ton of topics in today’s podcast, but with an emphasis on state law, including some terribly drafted state laws. They start with the latest on that abortion law in Texas, move on to an abortion law in Missouri, and then discuss the avalanche of misleading commentary about Florida’s so-called “don’t say gay” law (including how "don't say gay" is itself misleading). They wind up talking about teachers' free speech rights, pronouns, and critical race theory. Show Notes: -Baby Got Brief lyrics -New York Times: “Most Women Denied Abortions by Texas Law Got Them Another Way” -National Review: “The New York Times Misleads on Texas Abortion Trends” -New York Times: “Texas Supreme Court Shuts Down Final Challenge to Abortion Law” -CNN: “A Kansas teacher is suing school officials for requiring her to address students by their preferred names, saying the policy violates her religious freedom” Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s episode, Sarah and David spend serious time discussing the Supreme Court’s latest voting rights decision, then they launch into their long-awaited, much anticipated analysis of Ketanji Brown Jackson’s “most controversial” opinion (spoiler alert: it’s not that controversial). They end with a chat about free speech on campus and why the culture matters. Show Notes: -Revisiting the History of the Independent State Legislature Doctrine -Eradicating Bush-League Arguments Root and Branch: The Article II Independent-State-Legislature Notion and Related Rubbish -Merrill v. Milligan -Moore v. Harper -Arizona State Legislature v. Arizona Independent Redistricting Comm’n -Rucho v. Common Cause -Make The Road New York v. McAleenan -Make The Road New York v. Wolf Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah talk about five, yes, five Supreme Court opinions, including cases involving criminal law, state secrets, and social media moderation. They mainly focus on a fascinating case that asks, when are ten crimes one crime? Show Notes: -Wooden v. United States -United States v. Tsarnaev -Cameron v. EMW Women’s Surgical Center, P. S. C. -United States v. Zubaydah -Supreme Court Order List Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s episode, David and Sarah start with a Supreme Court update that features cases about adoption and religious freedom before moving on to an extensive discussion of a court filing contesting John Eastman's claims of attorney-client privilege. Does this filing indicate that Donald Trump committed a crime? Also David and Sarah briefly discuss international law and whether European Union membership for Ukraine would mean that the EU would have to fight for Kyiv. Finally, Sarah ends the podcast with the first date story the listeners all wanted to hear. Show Notes: -Egbert v. Boule oral argument transcript -January 6 court filing -Eastman and Gregory email exchange -SCOTUS-Toons Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah discuss a new case striking down a high school admissions policy in Virginia, digress into a talk about the power of Ukrainian courage, and then return to the law to talk about Clarence and Ginni Thomas and conflicts of interest. They finish with an extended discussion of the role of legislation in regulating the dissemination and discussion of ideas in public schools. Show Notes: -Coalition for TJ v. Fairfax County School Board -Volodymyr Zelenskyy on the Ukrainian version of Dancing with the Stars -Washington Examiner: “The media's war on Clarence and Ginni Thomas” Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah take a trip to New Haven to speak with the law students of Yale University. It’s another packed show. The Supreme Court heard oral argument in a case that dealt with whether a state can defend a rule when the United States stops doing so. Plus, they discuss public-accommodation law and a redistricting lawsuit in Arkansas, but that’s not all, sparks fly when our hosts open the floor for questions. Show Notes: -Arizona v. City and County of San Francisco, California -303 Creative LLC v. Elenis -Arkansas State Conference NAACP v. Arkansas Board of Apportionment -David in The New York Times: “We Disagree on a Lot of Things. Except the Danger of Anti-Critical Race Theory Laws.” Learn more about your ad choices. Visit megaphone.fm/adchoices

Today’s podcast is more fast-paced than the NBA All-Star game. David and Sarah talk about the Supreme Court and immigration, Trump and free speech, vaccines and drama in the Fifth Circuit, qualified immunity, and no podcast would be complete without a quick conversation about treason. Buckle up, this pod never slows down. Show Notes: -Fifth Circuit opinion -Eleventh Circuit opinion -Scott’s law review article: “Qualified and Absolute Immunity at Common Law” Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah are amazed by developments in the Sarah Palin trial, and they explain why. They discuss some excellent commentary on the latest Durham allegations, and spend some time talking about Florida's "don't say gay" law and wonder whether it might have constitutional problems. They end with the Rule 22.4 discussion that the people demand. Show Notes: -Andrew’s piece: “Making Sense of the Latest Clinton-Trump-Russia Court Filing” -Julian Sanchez’s thread on the Durham filing -Letter asking Justice Gorsuch to block New York City’s vaccine mandate -Rule 22. Applications to Individual Justices Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s episode, David and Sarah pop from topic to topic, including a discussion of a very strange letter, a brief foray into the Electoral Count Act, a few observations about the Trump top secret document revelations and the most recent John Durham filing. They wrap up with Olympic nonsense. The Russians are at it again. Show Notes -Judge Clemon's letter to President Biden -J. Michael Luttig: “The Conservative Case for Avoiding a Repeat of Jan. 6” -Latest John Durham filing -Reuters: “Anti-doping agencies, IOC brace for drawn-out Valieva case” Learn more about your ad choices. Visit megaphone.fm/adchoices

It's a day of disagreement! David and Sarah walk through a critical Supreme Court voting rights case, and come out in a different place. They walk through the Sarah Palin trial, and come out in a different place. But then, unity reigns when Sarah concludes the podcast by dunking on Russia and hanging on the rim. Show Notes: -Merrill v. Milligan -Purcell v. Gonzalez -Section 2 of the Voting Rights Act: Vote Dilution and Vote Deprivation -Slate: “Sarah Palin Takes the Stand” -Washington Post: “Palin trial exposes the allure of ‘both sides’ journalism” Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s episode, David and Sarah dive into multiple issues. Is Ketanji Brown Jackson still Biden's frontrunner? Also, she wrote her first D.C. circuit opinion. What does it say about her jurisprudence? They also talk about an odd case about Yelp reviews before turning to more serious subjects--deadly no-knock raids and once more about NFL coaches, and how cultures can develop unfair systems. Show Notes: -Reason: “Judge Ketanji Brown Jackson's First Circuit Court Opinion” -Politico: “Former clerk rewrites SCOTUS contenders’ Wikipedia bios” Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah talk about all aspects of Brian Flores's lawsuit against the NFL, with a deep dive into law and culture. They then turn to he who shall not be named and pour water on a specious vision of the apocalypse. They wind up with an impromptu discussion of Whoopi Goldberg, Roseanne Barr, grace, and accountability. Show Notes: -Brian Flores's NFL lawsuit -David in The Atlantic: “The NFL Has a ‘Good Ol’ Boy’ Problem” -New York Times: “Cawthorn Challenge Raises the Question: Who Is an ‘Insurrectionist’?” -Politico: “Biden vs. Trump: The Makings of a Shattering Constitutional Crisis” -Representative Victor Berger of Wisconsin, the First Socialist Member of Congress Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s episode, Sarah details yet another animal rescue because of course. Then David and Sarah dive into the Electoral Count Act and a mixed-up, messed-up Supreme Court case about pulling books from school libraries. And finally, can Sarah get David to talk about Rep. Madison Cawthorn? Show Notes: -Sarah rescues a hawk -Wall Street Journal: “Congress Sowed the Seeds of Jan. 6 in 1887” -New York Times: “Book Ban Efforts Spread Across the U.S.” -Board of Education, Island Trees Union Free School District No. 26 v. Pico by Pico Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah respond to all the questions about Justice Stephen Breyer's retirement and replacement. Who are the leading candidates? Why is all the talk about Justice Kamala Harris or Justice Michelle Obama a bunch of rubbish? Do we expect any real change in the philosophical composition of the court? They wind up with a discussion of seditious conspiracy and all the reasons why it's tough to charge anyone with trying to overthrow the government. Show Notes: -Laurence Tribe: “No hiding behind Pence's skirt on the Supreme Court nomination” -Office of Legal Counsel Equal Rights Amendment memo -David in The Atlantic: “Georgia Has a Very Strong Case Against Trump” -DOJ: Leader of Oath Keepers and 10 Other Individuals Indicted in Federal Court for Seditious Conspiracy and Other Offenses Related to U.S. Capitol Breach -Reuters: “Hutaree militia walk from jail after charges dismissed” -18 U.S. Code § 2381 - Treason -18 U.S. Code Chapter 73 - Obstruction of Justice -18 U.S. Code § 2384 - Seditious conspiracy Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah celebrate 200 episodes with a discussion of two key college admissions cases the Supreme Court took up. Plus, they preview Sarah Palin’s defamation trial, and look at a circuit court judge’s unusual opinion. Show Notes: -Students for Fair Admissions Inc. v. President & Fellows of Harvard College -CNN: “Why the Sarah Palin v. New York Times trial will be an 'excruciating experience' for the paper” -Judge VanDyke’s Ninth Circuit opinion Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah break down "Maskgate," the claim that Justice Neil Gorsuch refused to show basic courtesy to Justice Sonia Sotomayor by refusing to wear a mask and find the claims wanting. They ask, "When a report seems to fall apart, what should a reporter do?" They also talk about how Sarah is setting Supreme Court precedents, wonder if a Satanist flag will soon fly over Boston, and discuss for just a few seconds Ted Cruz's very, very boring case at the Supreme Court. They close, however, with a dash of English cultural history that you won't want to miss. Show Notes: -Nina Totenberg’s mask story at NPR -Statement from Justices Sotomayor and Gorsuch -Statement from Chief Justice Roberts -Trump v. Thompson -Advisory Opinions: “January 6 and Executive Privilege” -Shurtleff v. Boston oral argument transcript -Federal Election Commission v. Ted Cruz for Senate oral argument transcript Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s episode, David and Sarah take a quick look at an intriguing cert grant at the Supreme Court and then dive into a fascinating discussion about amending the Constitution with University of Texas law professor Sanford Levinson. He thinks the Constitution has some structural problems, and David and Sarah walk through his critiques. By the end, they ask, is there any constitutional reform that can save us if we’re determined to be dysfunctional? Show Notes: -Sarah in Politico: “It’s Time to Amend the Constitution” -Levinson: “The Iron Cage of Veneration” -Levinson explains The Democracy Constitution project -Democracy: “A New Constitution for The United States” -Levinson: “The Price of an Unchanging Constitution” Learn more about your ad choices. Visit megaphone.fm/adchoices

It's an emergency podcast! (Well, at least in part). David and Sarah recorded a mailbag podcast Thursday morning, complete with fretting about when the Supreme Court would rule in the vaccine mandate cases. Then, SCOTUS ruled! So this podcast keeps the mailbag and cuts the fretting. Instead David and Sarah spend the first half walking through the vaccine opinions. It's exactly the kind of conversation that everyone loves, a deep discussion of administrative law. Show Notes: -NFIB v. OSHA -Biden v. Missouri Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s episode, David and Sarah do a deep, deep dive into the vaccine mandate oral arguments at the Supreme Court. Sarah walks us through the HOP's (husband of the pod) arguments, and she and David decide the vital question of which basketball analogy to use to describe the likely outcome. They also take a quick look at the health care worker mandate and make their predictions. Show Notes: -Biden v. Missouri oral argument -Nat. Fed'n of Indep. Bus. v. Dept. of Labor oral argument -Wall Street Journal article with sketch of Scott -SCOTUSblog: “Court seems poised to block vaccine-or-test policy for workplaces but may allow vaccine mandate for health care workers” -Reason: “Sloppy Arguments Over COVID Mandates at SCOTUS” Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s episode, David and Sarah start with a husband-of-the-pod update, debate a federal district court judge’s ruling temporarily granting more than two dozen Navy SEALs a religious exemption from the Navy’s COVID vaccine mandate, and spend the lion’s share of their time talking about the infernal Electoral Count Act and saving America from electoral chaos. Show Notes: -U.S. Navy SEALs 1-26 v. Joseph R. Biden, Jr. -French Press: “Stop Screwing Around and Reform the Electoral Count Act” -Reason: “How Justices Scalia, Sotomayor, and Breyer Inscribed Books to RBG” Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah talk about everything from COVID, to goat rescues, to the Supreme Court, to TikTok in this wide-ranging first pod of 2022. Do you wonder how you rescue a goat? Why is John Roberts the most popular federal official in the land? Is it lawful to discriminate on the basis of race in medical treatment? What's it like to live with a person who's set to argue the biggest SCOTUS case of the new year? Are kids on TikTok fair game for the media? If these are your questions, this podcast has the answers. Show Notes: -NY State Department of Health eligibility for Paxlovid or Monoclonal Antibody Treatment Learn more about your ad choices. Visit megaphone.fm/adchoices

On our last podcast of the year, Sarah takes you to the 2021 National Lawyers Convention at the Mayflower Hotel in Washington, D.C., and introduces you to a dozen judges from all levels of the judiciary. You get a little law, singing, bourbon and bullets, and some important advice for law students. Did you expect David and Sarah to end the year any other way? Show Notes: -Give someone a Dispatch subscription this Christmas -"We'll Be Back" by Judge Elrod and Judge Eskridge -Read David in The French Press -Read Sarah in The Sweep Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah dive back into vaccine mandates, as the CMS mandate for health care workers and the OSHA guidelines for private businesses head to the Supreme Court. Then it’s First Amendment and compelled speech time at the 5th circuit with a student from Sarah’s rival high school from back in her football orchestra days. This case has it all: free speech, communists, and Bruce Springsteen. It's also a conversation about the similarities— and differences—with one of David’s long-time favorite cases: West Virginia v. Barnette. Show Notes: -6th Circuit upholds vaccine mandate -Reason: “Biden Administration Imposes Vaccine Mandate on Health Care Facilities that Participate in Medicare or Medicaid” -Reason: “Health Care Worker Vaccine Mandate Reaches the Supreme Court” -Oliver v. Arnold -Born in the U.S.A. lyrics Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s episode, Sarah and David discuss the Supreme Court's decision not to enjoin the New York vaccine mandate for health care workers and focus on a very interesting, super-intriguing dissent. Then, they have a conversation with Virginia Solicitor General Michelle Kallen about the Equal Rights Amendment, its ratification by Virginia, and whether the ERA is now part of the Constitution. Finally, with the help of a listener, they finally realize that Sarah's name is a sentence. Show Notes: -Dr. A v. Hochul -Virginia v. Ferriero Learn more about your ad choices. Visit megaphone.fm/adchoices

If you woke up this morning thinking about Jussie Smollett, the Texas abortion law, California gun rights, and California vaccine mandates, then this is the podcast for you. David and Sarah dive into a legal issue that might overturn Smollet’s conviction, analyze the Supreme Court’s decision to permit a very narrow facial challenge to S.B. 8, discuss Gavin Newsom’s swing-and-miss, and wrap up the main portion of the pod with a discussion of vaccine mandates in San Diego schools. Show Notes: -Whole Woman’s Health v. Jackson -9th Circuit vaccine mandate ruling Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah have another action packed pod. First, the US Solicitor General weighs in on whether the Court should hear the case about whether Harvard’s admission policy violates race discrimination laws. Then they talk about a case that was argued this week at the Court that looked at (once again) whether states could refuse to allow voucher money to go to religious schools. Then the 9th Circuit had some feisty dissenting opinions when it upheld California’s ban on high capacity magazines for guns. And lastly, should judges be able to pick their replacements? Show Notes: -Wall Street Journal: “Federal Courts Aren’t Royal Ones” -New Yorker: “On “Succession,” Jeremy Strong Doesn’t Get the Joke” Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah discuss charges in Michigan against a school shooter's parents, the possible demise of a key Supreme Court precedent (not Roe), and an intriguing new appeal to the Supreme Court. At the end of the podcast, Sarah answers her critics. Does she get as spicy as Alito? Show Notes: -Timeline of Michigan school shooting -NPR: “Parents of Michigan school shooting suspect are charged with involuntary manslaughter” -Sue and Settle report -New York Times: “What Does the U.S. Owe Separated Families? A Political Quandary Deepens” -Washington Post: “40 acres and a mule: How the first reparations for slavery ended in betrayal” Learn more about your ad choices. Visit megaphone.fm/adchoices

It's an almost-all-Dobbs podcast, as David and Sarah discuss the oral argument that surprised the nation. Could Roe v. Wade and Planned Parenthood v. Casey actually fall? David and Sarah talk about the court's decision-making process from here and the history of judge-flipping post-argument, and they identify the key moments in yesterday's argument. Also, they give their listeners a vital challenge--and if they can meet that challenge, then Advisory Opinions will be the indisputable flagship of the Dispatch podcast fleet. Listen to learn what the challenge is. Show Notes: -Dobbs v. Jackson oral argument transcript -Ginsburg’s remarks on Roe -David in The Atlantic: “How Roe Undermined Itself” -Washington Post: “Justice Kennedy’s Flip” Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah open with the puzzling case of Project Veritas and James O'Keefe. Why is a New York appeals court appearing to let stand a prior restraint on the press? They then answer a fascinating reader mail question before wrapping up with an extended discussion of self-defense in the context of an incredibly troubling Texas shooting that was caught on tape. Show Notes: -Near v. Minnesota -New York Times Co. v. United States -University of Richmond Law Review: “The Meaning of Life (or Limb)” -Reason: “Are People Allowed to Use Deadly Force to Defend Property?” -Lubbock Avalanche-Journal: “Widow releases video of Chad Read's fatal shooting in South Lubbock” -Warning Graphic: Lubbock, Texas shooting video Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s episode, David and Sarah take a deep dive into the Kyle Rittenhouse verdict with Damon Preston, Kentucky's Public Advocate and a criminal defense attorney with almost 30 years of experience. They discuss self defense law, the difference between the Rittenhouse trial and the trial of Ahmaud Arbery's killer, and the ways in which the criminal justice system could be reasonably reformed. Also, David exults in Mississippi's stinging defeat at the Supreme Court as the court turned back the Magnolia State's greedy attempt to keep Tennessee from drinking water from its own wells. Show Notes: -Mississippi v. Tennessee -French Press: “Kyle Rittenhouse, Open Carry, and the Breaking of Self-Defense Law” -David in The Atlantic: “Kyle Rittenhouse’s Acquittal Does Not Make Him a Hero” Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s show, David and Sarah bring Neil Weare, president and founder of Equally American, on the pod to teach us interesting things about the Constitution and history, with an emphasis on the unique history of American territories. And then Sarah and David dive into the controversies at Yale Law School and try to answer the question, "What the heck is going on?" Show Notes: -French Press: “An Airing of Grievances Against Diversity Training” -Reuters: “Yale Law students 'blackballed' for refusing to lie about professor, lawsuit says" -Reason: “More Shenanigans at Yale Law School” -David Lat: “The Newest Insanity Out Of Yale Law School” -David Lat: “Yale Law School And the Federalist Society: Caught In A Bad Romance?” -David Lat: “Doe v. Gerken: A Lawsuit Against Yale Law” Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah dive into vaccine mandates, religious exemptions, and the Civil War. They analyze a recent court ruling blocking the Biden OSHA mandate, and then discuss what a “sincerely held religious belief” is in the eyes of the law. Finally, they conclude with a discussion of the Constitution, Abraham Lincoln, and whether he was an authoritarian who “broke” the Constitution before it was rebuilt by the Civil War amendments. Show Notes: -5th Circuit extends stay of OSHA vaccine mandate -Noah Feldman: “This Is the Story of How Lincoln Broke the U.S. Constitution” -New York Times review of Feldman’s “The Broken Constitution” Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah talk to Erin Busby, Supreme Court co-counsel for John Ramirez in a critical death penalty religious liberty case. They walk through oral arguments and discuss the mysterious "silent justice." Then David and Sarah talk billboards. Yes, billboards. And they wrap with a discussion of misconceptions of self-defense and the Kyle Rittenhouse case. Show Notes: -Ramirez v. Collier oral argument -City of Austin, Texas v. Reagan National Advertising of Texas Inc. oral argument Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah briefly preview key Supreme Court arguments before diving into the 5th Circuit's stay of the new Biden administration vaccine regulations, discuss the role of race in jury challenges (with an emphasis on jury selection in the Ahmaud Arbery murder case in Georgia), and finish with the latest developments in John Durham's investigation of the Trump-Russia investigation, complete with thoughts on the infamous Steele dossier. Show Notes: -5th Circuit blocks OSHA's vaccine mandate -The Dispatch: “A Vigilante Killing in Georgia” -National Review: “The Unwritten Law That Helps Bad Cops Go Free” -National Review: “The Steele Dossier, Hillary Clinton’s Malignant Gift to America” -National Review: “Shame on Buzzfeed” Learn more about your ad choices. Visit megaphone.fm/adchoices

On today's episode, David and Sarah are on the road at the Howard H. Baker Jr. Center for Public Policy on the campus of the University of Tennessee. Before a live audience they discuss Supreme Court oral arguments in New York State Rifle and Pistol Association v. Bruen, a case challenging a New York law that places strict limits on carrying guns outside the home. Plus, David and Sarah share more thoughts on the Texas abortion law case before the Court, and they take audience questions. Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s episode, David and Sarah react to the oral arguments in the Texas abortion law cases. The Supreme Court heard three hours of arguments in two different cases and from four different advocates. But after all of it, Sarah and David agree: it’s a mess…and it still doesn’t have anything to do with Roe v. Wade. They also discuss the latest grants, denials, and opinions coming down from the Court. Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s show, it's a battle of Generation X versus millennials versus Generation Z as Sarah and David shout, "You kids get off my lawn!" But before the cultural rant, they explore parental rights in public schools, discuss the mixture of church and politics, and talk about the Kyle Rittenhouse case and the law of self-defense. Then, and only then, does Sarah lament "kids these days." Show Notes: -TMD on ‘gain of function’ research -NPR “The Johnson Amendment In 5 Questions And Answers” -French Press “When the State Kinda Sorta Parents Your Child” -Andrew Fleischman Twitter thread on the Rittenhouse case -New York Times “The 37-Year-Olds Are Afraid of the 23-Year-Olds Who Work for Them” Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s episode, David and Sarah celebrate the Supreme Court finally bending to their will and then preview the upcoming oral arguments regarding SB 8, the Texas abortion law. They then move on to a discussion of a wild case involving videotaping police, highlight Liberty University's problems with sexual assault, and then wonder whether an important free speech case is dead or just "mostly dead." Show Notes: -United States v. Texas -SCOTUSblog on oral arguments in the Texas abortion law case -303 Creative v. Elenis -Kristen Waggoner letter -ProPublica “The Liberty Way” -Sarah’s piece in Politico Learn more about your ad choices. Visit megaphone.fm/adchoices

It’s weeping and gnashing of teeth for David in today's podcast as the Supreme Court deals a devastating blow to his dreams of abolishing qualified immunity. But Sarah saves the AO crew from despair by conducting another Supreme Court symphony regarding the Biden commission. Come for the despair, stay for the analysis, and relish a deep dive into Supreme Court reform. Show Notes: -Supreme Court order list -Presidential Commission on SCOTUS Learn more about your ad choices. Visit megaphone.fm/adchoices

What do court packers have in common with Hugo Chavez? Take a listen to this action-packed pod to find out. Sarah conducts a symphony of Supreme Court commission analysis, including guiding a walk through American legal history to explain the commission’s surprisingly conservative comments. David discusses the legal issues roiling the nation’s most controversial school district. Show Notes: -Presidential Commission on SCOTUS Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s episode, we get a Supreme Court update from Sarah and not one but two entire Ted Talks from David. They cover a very obscure (yet interesting!) constitutional case, and then discuss two viral stories--one involving an elementary school and juvenile justice system in Tennessee, the other involving an absurd act of unfairness at Yale Law School. Our hosts talk poverty and privilege in the same pod. Oh, and Sarah winds it all up with a discussion of laches and estoppel that you don't want to miss. Show Notes: -ProPublica “Black Children Were Jailed for a Crime That Doesn’t Exist. Almost Nothing Happened to the Adults in Charge.” -Washington Free Beacon “A Yale Law Student Sent a Lighthearted Email Inviting Classmates to His ‘Trap House.’ The School Is Now Calling Him To Account.” Learn more about your ad choices. Visit megaphone.fm/adchoices

It's executive privilege day on Advisory Opinions! After a brief update on the Texas abortion litigation, David and Sarah "dive right in" to a discussion of the January 6 commission subpoenas and the power of Donald Trump to use executive privilege to block testimony. Our hosts also talk about how "parents and pals" help debunk a Brett Kavanaugh conspiracy theory. And they wind up with a crazy clemency case that's likely to leave a man in prison because a Donald Trump sentence was just too ambiguous. Show Notes: -5th Circuit abortion ruling -POGO “The Limits of Executive Privilege” -Nixon v. Administrator of General Services -Harvard Law “Can Donald Trump still assert executive privilege?” -2007 OLC memo -Don McGahn opinion -Mother Jones “Here’s the Truth About Brett Kavanaugh’s Finances” Learn more about your ad choices. Visit megaphone.fm/adchoices

In today's pod David and Sarah discuss a federal district court injunction against Texas's heartbeat bill, dive into the deep waters of Mississippi's unbearable aquatic greed, and discuss whether ten robberies is one "occasion" for crime or, well, ten. But that's not all! They also engage in a brief but spirited debate about whether the DOJ's letter about threats against school board members. The pod finishes by talking about manners. In an interesting way. We promise. Show Notes: Mississippi v. Tennessee groundwater case US v. Texas injunction Wooden v. United States AG Garland letter National School Board Association letter to Biden Learn more about your ad choices. Visit megaphone.fm/adchoices

On this week’s episode, Sarah is back from the Galápagos Islands just in time for the Supreme Court’s fall term. David and Sarah jump right in, starting with a rather spicy speech from Justice Samuel Alito. Our hosts also discuss a case with conspiracy theorist Alex Jones, a professor who is suing UCLA, and the high court’s upcoming cases. Show Notes: -From SCOTUSblog: Alito blasts media for portraying shadow docket in “sinister” terms -Why I Am Suing UCLA, by Gordon Klein at Common Sense with Bari Weiss -Justices add five new cases to their docket from “long conference,” including Cruz campaign case -SCOTUS oral argument schedule -Wikipedia page on Baphomet Learn more about your ad choices. Visit megaphone.fm/adchoices

In a special edition of the podcast, David interviews his former colleague Greg Lukianoff, president of the Foundation for Individual Rights in Education. The two discuss the state of free speech on college campuses and why it’s not just a higher education issue, but one that also impacts workforces and the United States in general. And of course, lacking Sarah’s moderating influence, there are also some (relatively minor) descents into nerdery over Star Trek. Show Notes: -The Coddling of the American Mind: How Good Intentions and Bad Ideas Are Setting Up a Generation for Failure -Scholars Under Fire Database -FIRE’s 2021 College Free Speech Rankings -Undoctrinate: How Politicized Classrooms Harm Kids and Ruin Our Schools―and What We Can Do About It Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s episode, Sarah and David discuss a number of situations where events have proven their predictions true, starting with a challenge to the Texas abortion law and ending with a complaint over critical race theory. In between, our hosts also dissect the legal arguments underpinning the push to get Vice President Mike Pence to overturn the 2020 presidential election and discuss a new bill that would reign in presidential powers. Show Notes: -Alan Braid, Texas abortion doctor, sued over ban -John Eastman memo -Reuters story on critical race theory -Williamson County critical race theory complaint -New York Times story on Protecting Our Democracy Act -House analysis of the Protecting Our Democracy Act provisions Learn more about your ad choices. Visit megaphone.fm/adchoices