Advisory Opinions

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

On today’s podcast, David and Sarah discuss a host of thorny legal issues starting with an indictment against a lawyer who lied to the FBI when he alleged communications between the Trump Organization and a Russian bank. They then dig into a Second Amendment amici brief, a defamation case, and the issue of misleading headlines. Listen to the end to hear Sarah explain how to get away with murder (or somewhat less sensationally, how to get away with interstate mail fraud). SHOW NOTES Indictment: U.S. v. Michael A. Sussmann Second Amendment Amici brief regarding New York gun laws Rep. Devin Nunes' suit against Ryan Lizza and Hearst Magazine Media The Writer of This Article Also Wrote This Headline and That’s Rare “The Perfect Crime,” Georgetown Law Review article by Brian C. Kalt Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s episode, Sarah and David give you everything you need to combat half-baked hot takes about the Biden administration’s vaccine mandate as they discuss whether the Occupational Safety and Health Administration (OSHA) has the statutory authority to issue its rule. They then indulge in an exploration of the Commerce Clause. Lastly, our hosts discuss new legal updates to the abortion heartbeat law, as well as some potpourri. Show Notes: -President Biden’s executive order requiring COVID-19 vaccination for federal employees -Explanation of Biden’s EO in The Morning Dispatch -Jacobson v. Massachusetts establishing the government’s right to compulsory vaccination -United States of America v. Texas on Texas’ abortion statute -The opinion from the U.S. Court of Appeals for the 6th Circuit on Tennessee’s heartbeat abortion ban -Asbestos Information Ass'n v. OSHA case -Congressional Research service paper on OSHA -Justice Breyer interview transcript with Chris Wallace Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s episode, Sarah and David discuss a fiery concurrence from Judge James Ho in the U.S. Court of Appeals for the 5th Circuit’s opinion upholding a Texas ban on certain abortion procedures. They then discuss an indictment related to the Ahmaud Arbery killing, a death penalty case with religious liberty implications, and a Donald Trump Jr. defamation case. Lastly, listen till the end to hear about the cult (which centers around a current Supreme Court justice) that our hosts are vying to join. Show Notes: -The 5th Circuit’s opinion on Whole Woman’s Health v. Paxton -Indictment of former District Attorney Jacquelyn Lee Johnson -Supreme Court’s stay of execution for John Ramirez -District Court opinion in Blankenship v. Trump -“Automatic, Still Is.” soundcloud Learn more about your ad choices. Visit megaphone.fm/adchoices

Late Wednesday night, the Supreme Court, in a 5-4 decision, refused to block a Texas abortion law that went into effect earlier in the day. Sarah and David engage in a very detailed discussion of Whole Woman’s Health v. Jackson, equipping intrepid listeners to combat any bad legal hot takes they might encounter. They cover what this means for states that want to challenge constitutional rights, for women in Texas with nonviable pregnancies, and, the million dollar question: what this means for the right to abortion established by Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. Show Notes: -Supreme Court opinion on Whole Woman's Health v. Jackson -Definition of Ex Parte -Definition of Qui Tam -Link to the complaint and emergency applications in Whole Woman’s Health v. Jackson Learn more about your ad choices. Visit megaphone.fm/adchoices

For today’s episode, Sarah is joined by special guest Ben Folds, storied American singer-songwriter, musician, and podcaster. They discuss how failure is baked into doing science, how Folds’ song about the Mueller investigation is the perfect place to start for the law-curious, and the song-writing process. Show Notes: -Mister Peepers by Ben Folds -Still Fighting It by Ben Folds -A Dream About Lightning Bugs: A Life of Music and Cheap Lessons by Ben Folds Learn more about your ad choices. Visit megaphone.fm/adchoices

Mitchell Berman, professor of law at the University of Pennsylvania’s Carey Law School, joins our hosts for a fascinating discussion on the jurisprudence of sports. In a wide-ranging discussion, David and Sarah adjudicate everything from how unwritten traditions are enforced in games to how robot umpires are changing the landscape. And of course, no sports law discussion would be complete without a dive into the Olympics. Show Notes: -The Jurisprudence of Sports by Mitchell Berman Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s episode, Sarah takes listeners along on a wildlife rescue mission that involves a baby turtle, a surprise rain storm, and mosquito netting. But don’t worry, it has a happy ending. Our hosts then turn to the Biden administration’s proposal to tie mask mandates to civil rights law and the latest development on the “remain in Mexico” policy. Finally, Sarah and David discuss the Texas Supreme Court ruling that is bad news for Texas Democratic lawmakers trying to avoid arrest. Show Notes: -The Dispatch Live on Afghanistan -New York Times story on Biden administration’s move against mask bans -Texas federal judge's ruling on “remain-in-Mexico” -Texas Supreme Court ruling on Texas Democratic lawmakers Learn more about your ad choices. Visit megaphone.fm/adchoices

On this episode, our hosts are joined by Matthew Barzun, an American businessman, diplomat, and longtime political fundraiser. Sarah and David dive into his paradigm-shifting book, The Power of Giving Away Power, and what it teaches about leadership. Along the way, they also discuss everything from what Barzun learned during his time fundraising for former president Barack Obama’s 2008 presidential campaign, to the etiquette of bowing to royalty while working as an American ambassador abroad. Show Notes: -Matthew Barzun’s book, The Power of Giving Away Power: How the Best Leaders Learn to Let Go -Teddy Roosevelt’s Man in the Arena quote Learn more about your ad choices. Visit megaphone.fm/adchoices

In a jam-packed episode our hosts explore everything from vaccine passports on cruise ships to a shaky argument that eviction moratoriums violate the Third Amendment’s prohibition on quartering soldiers. First up on the docket, Sarah and David dive into attempts by Sidney Powell, Rudy Giuliani, and Mike Lindell’s to dismiss Dominion’s defamation lawsuit against them. Be sure to listen to the end for their analysis on whether a topless sunbathing case meets the intermediate scrutiny test. Show Notes: -Dominion defamation lawsuit -Preliminary injunction on vaccine passports in Florida -Todd Zywicki’s lawsuit against George Mason University -Third Amendment Lawyers Association amicus brief on the eviction moratorium -4th Circuit ruling upholding a ban on topless sunbathing Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, David and Sarah continue their August tradition of looking outside the world of legal nerdery with Jonathan Rauch, a senior fellow at the Brookings Institution, and author of the book The Constitution of Knowledge. Rauch has been warning about the dangers to free speech for a long time. What is the state of free speech? And how much of a threat is illiberalism? Show Notes: -Rauch’s book The Constitution of Knowledge -Rauch’s book Kindly Inquisitors Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s episode, David and Sarah discuss the Biden administration’s flip-flop on extending the eviction moratorium and how it’s almost certainly an unconstitutional violation of the nondelegation doctrine. They then take on the legal implications of Andrew Cuomo’s sexual harassment controversy, with Sarah explaining why Cuomo’s office was a textbook case of a severe and pervasive hostile work environment. Next, our hosts review a ruling from the 7th Circuit upholding Indiana University’s vaccine mandate and discuss how Twitter posturing on vaccines doesn’t always hold up in court. Finally, David and Sarah talk Facebook and antitrust law—something that, according to Sarah, may just be made up anyways. Show Notes: -7th Circuit vaccine mandate ruling -Poland wins first 4x400 mixed relay gold of Olympics Learn more about your ad choices. Visit megaphone.fm/adchoices

Today on the pod, it’s a guest for whom David has been waiting for—Avi Loeb, an astrophysics professor at Harvard University who thinks it might just be possible that aliens have visited earth. Loeb talks about his research into Oumuamua, the first known interstellar object that’s passed through our Solar System, and gives his thoughts on the recently released UFO report from the Office of National Intelligence. Loeb also tells David and Sarah about his scientific philosophy—how science is like a fishing expedition where you throw out a hook and see what happens. Show Notes: -Avi Loeb’s book Extraterrestrial: The First Sign of Intelligent Life Beyond Earth -On Oumuamua by Avi Loeb -Office of National Intelligence UFO report Learn more about your ad choices. Visit megaphone.fm/adchoices

Could it be time for the Supreme Court to revisit Masterpiece Cakeshop? In today’s episode, David and Sarah discuss a ruling from the 10th Circuit requiring a web developer to create a site for a same sex wedding and what that means for the ongoing debate about compelled speech and religious liberty. They then chat about some new developments involving the lawsuit against Alabama Rep. Mo Brooks for his involvement in the January 6 riot and yet another story involving Amy Chua at Yale Law School. Show Notes: -10th Circuit Ruling on Compelled Speech -DOJ refuses to defend Rep. Mo Brooks Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s pod, the discussion is (almost) all about abortion jurisprudence. After a brief look at Taking Offense v. California—a California Court of Appeal for the Third Appellate District case striking down a California law criminalizing long-term care workers repeatedly misgendering their residents—David and Sarah dive into Mississippi’s challenge to Roe v. Wade, which directly asks the Supreme Court to overturn the almost 50-year-old precedent. How did the Mississippi attorney general frame the argument? How likely is it that the argument succeeds? What would American governance look like in a post-Roe world? Show Notes: -Taking Offense v. California -Dobbs v. Jackson Women’s Health Organization Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s episode, David and Sarah talk about the recent Supreme Court term with Kannon Shanmugam, a Supreme Court litigant and a partner at Paul Weiss LLP. Our hosts ask Shanmugam what it’s like to argue cases remotely, how much the Supreme Court has changed during Amy Coney Barrett’s first term, and about the court’s judicial philosophy on issues like free speech and qualified immunity. Shanmugam talks about the cases he argued this term and explains how he chooses which clients to represent pro bono. Show Notes: -Borden v. United States -BP v. Baltimore -Goldman Sachs v. Arkansas Teacher Retirement System -Henry Schein v. Archer and White Learn more about your ad choices. Visit megaphone.fm/adchoices

It’s a First Amendment-themed pod today. First, David and Sarah discuss the city of Anaheim’s decision to cancel an America First rally with Matt Gaetz and Marjorie Taylor Greene, and how it’s a textbook example of a free speech violation. They then dive into a ruling from a very divided 9th Circuit about a high school coach who was fired for praying publicly with students after football games. Next, they chat about an 8th Circuit case involving University of Iowa and its selective enforcement of free association policies for Christian groups. Finally, David and Sarah talk about the recent Texas district court ruling striking down DACA. Show Notes: -Anaheim cancels America First rally -9th Circuit prayer case -8th Circuit University of Iowa case -DACA ruling from district court Learn more about your ad choices. Visit megaphone.fm/adchoices

It’s an (almost) Supreme Court-free podcast episode today. First, David talks about a ruling from the 4th Circuit striking down federal prohibitions on adults under 21 purchasing firearms, and Sarah gives her thoughts on whether the decision will stand. Then, our hosts dive into the latest in the Michael Avenatti saga, a ruling from a federal judge sentencing him to two and half years in prison for extortion. Finally, Sarah and David chat about a new Tennessee law requiring businesses to notify their customers about their transgender bathroom access policies. Show Notes: -Hirschfeld v. Bureau of Alcohol -Michael Avenatti sentenced to prison for 30 months -Tennessee bathroom law Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s podcast, David and Sarah talk about the recent Supreme Court term and how Trump’s justices have changed the ideological makeup of the court. After some SCOTUSBlog stats analysis, Sarah explains how she would categorize the Supreme Court’s jurisprudence this year, and why a lot of commentators are leaving out part of the story when they discuss the justices’ ideological leanings. Plus, a dive into an anti-critical race theory lawsuit out of Evanston, Illinois, where elementary school students have been getting simplistic and controversial “anti-whiteness” training. Show Notes: -SCOTUSBlog statistics -Deemar v. Evanston/Skokie School District 65 Learn more about your ad choices. Visit megaphone.fm/adchoices

After some brief thoughts about Trump’s lawsuits against Facebook, Twitter, and Google, Sarah and David chat with a special guest: Peter Canellos, editor at large at Politico and the author of a new biography of Justice John Marshall Harlan. Tune in to hear Canellos share some of his research on a man whom he describes as “America’s judicial hero,” a justice who went from Southern slave owner to staunch segregation opponent. Our hosts ask Canellos about Harlan’s famous dissent in Plessy v. Ferguson and what Harlan’s legacy means for the country today. Show Notes: -Trump’s lawsuit against Twitter -The Great Dissenter: The Story of John Marshall Harlan, America's Judicial Hero Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s not-quite-emergency pod, Sarah and David have thoughts to share about the Supreme Court’s orders from last Friday. David discusses the ins and outs of the Arlene’s Flowers case, where the court denied an appeal from a flower shop owner that refused to design arrangements for a same-sex wedding, and analyzes how Supreme Court justices don’t always rule the way people predict. Then Sarah goes into a slew of other orders from the court on qualified immunity for university admins, religious liberty for the Amish, defamation against public figures, and eminent domain. Plus, David and Sarah review a ruling from a Minneapolis judge that throws a wrench into “defund the police.” Show Notes: -Friday Supreme Court orders -Writ of mandamus from Minneapolis judge on police force Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah start with a discussion about Bill Cosby’s getting released from prison after his sentence was overturned by the Pennsylvania Supreme Court on due process grounds. Our hosts then turn to the two big final decisions from the Supreme Court on voting rights and anonymous donor disclosures, cases that divided the court along ideological lines. Sarah explores the ins and outs of Elena Kagan’s dissent in Brnovich v. Democratic National Committee, while David explains how Americans for Prosperity Foundation v. Bonta isn’t the conservative victory some news outlets have claimed. Finally, David and Sarah talk about a new big tech bill out of Florida that puts a lot of new requirements on big social media platforms (except those operated by certain state theme parks). Show Notes: -Pennsylvania Supreme Court Bill Cosby decision -Brnovich v. Democratic National Committee -Americans for Prosperity Foundation v. Bonta Learn more about your ad choices. Visit megaphone.fm/adchoices

We’ve got a lot more first rate Supreme Court analysis for you in today’s pod. David and Sarah break down the most recent cert grant announcements and the court’s refusal to hear some contentious cases involving interstate conflict, transgender bathroom access, and marijuana. They then dive into the Supreme Court’s opinion in Lombardo v. City of St. Louis, which asked a lower court to reevaluate whether police used excessive force in kneeling on the back of a handcuffed suspect who later died. Also, Sarah gives her thoughts on Cedar Point Nursery v. Hassid, a property law dispute involving union recruiting that divided the Supreme Court along even ideological lines. Finally, David and Sarah discuss a heated confrontation at the 5th Circuit about a case involving police officers who tased a person soaked in gasoline and set him on fire. Show Notes: -Thomas statement on federal marijuana laws -John Lombardo v. City of St. Louis, Missouri -Cedar Point Nursery v. Hassid -5th Circuit ruling on police incineration -5th Circuit ruling on en banc petition (and Justice Willett’s dissent) Learn more about your ad choices. Visit megaphone.fm/adchoices

There was a big win for student free speech at the Supreme Court on Wednesday. In today’s pod, David and Sarah talk all about the long-awaited decision in Mahanoy Area School District v. BL, where the court ruled in favor of a high school cheerleader who was suspended from her team after posting a profanity-laden Snapchat. Our hosts discuss what Justice Stephen Breyer’s ruling means for free speech for students going forward and how much of an impact on schools it will actually have. They then analyze Samuel Alito’s concurrence and Clarence Thomas’ lone “curmudgeonly” dissent. Plus, a quick dive into Lange v. California, the “hot pursuit” Supreme Court case that limits when and how police officers can enter a home without a warrant. Show Notes -Mahanoy Area School District v. B.L. -Lange v. California Learn more about your ad choices. Visit megaphone.fm/adchoices

Student athletes have reason to celebrate after Monday’s big Supreme Court NCAA decision. In today’s episode, David and Sarah discuss the ins and outs of National Collegiate Athletic Association v. Alston, a unanimous ruling that paves the way for college athletes to receive compensation beyond scholarships as long as it is tied to their education. Our hosts talk about how the case will set a precedent for the future, and analyze a concurrence from the court’s very own basketball coach, Justice Brett Kavanaugh. Also on the podcast, Sarah walks through two other Supreme Court rulings on security fraud and patents. Finally, David and Sarah chat about her recent Twitter spat with Case Western law professor Jonathan Adler about standing in the Obamacare case. Show Notes: -National Collegiate Athletic Association v. Alston -Goldman Sachs Group Inc. v. Arkansas Teacher Retirement System -United States v. Arthrex Inc. -Jonathan Adler’s Reason article about the Supreme Court Obamacare case Learn more about your ad choices. Visit megaphone.fm/adchoices

The big Supreme Court rulings have finally arrived! On today’s podcast, David and Sarah discuss two unexpected majorities in California v. Texas, which upheld the constitutionality of Obamacare (again!), and Fulton v. City of Philadelphia, which unanimously protected the religious liberty of Catholic Social Services after the city of Philadelphia excluded CSS from its foster parent program for refusing to certify same-sex couples as foster parents. Our hosts analyze how the Supreme Court denied standing to the states challenging the ACA and then dive into two spicy opinions from Alito. Plus, some “palace intrigue” discussion about whether Alito was denied his chance to write a majority opinion. Show Notes: -California v. Texas -Fulton v. City of Philadelphia Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s jam-packed episode, David and Sarah discuss the Supreme Court’s invitation to the Biden administration to weigh in on a pending challenge to Harvard’s affirmative action policy. Our hosts also untangle two criminal cases that united the justices unanimously in favor of the government, one on felons possessing firearms and another on sentence reduction. Then, Sarah shares insight from her own time at the Department of Justice into why a New York Times story that the Trump-era Justice Department seized the data of congressional Democrats might be overblown. They also explain why the DoJ appears to be siding with former President Donald Trump in a defamation case brought by E. Jean Carroll. Finally, they discuss why a recent Twitter thread on critical race theory that inspired a “hate tsunami” online should inspire you to go attend your local school board meetings. Show Notes: -Greer v. United States -Terry v. United States -The New York Times’ June 10 initial subpoena story -The New York Times’ June 13 follow-up story about Don McGahn’s records -The New York Times’ June 11 follow-up story about DoJ opening an investigation into the subpoenas -Explanation of Assistant U.S. attorney -David’s Twitter thread -David’s debate with Christopher Rufo on Bari Weiss’ podcast Learn more about your ad choices. Visit megaphone.fm/adchoices

With a lot of big Supreme Court decisions on the horizon, David and Sarah discuss an unexpected concurrence from Justice Thomas in Borden v. United States, a case about how broadly the government can define “use of force.” Our hosts also review a decision from the 20th Judicial Circuit of Virginia about a school that suspended a professor for not using students’ preferred pronouns and an announcement that the Texas Bar Association will investigate Ken Paxton for his lawsuit to overturn the 2020 election. Finally, they chat about a controversy at Yale Law School involving the infamous “tiger mom” law professor Amy Chua. Show Notes: -Borden v. United States -20th Circuit of Virginia Ruling on preferred pronouns case -Texas Bar Association investigating Ken Paxton Learn more about your ad choices. Visit megaphone.fm/adchoices

Today on the podcast, our hosts walk us through a bit of Supreme Court drama involving Sonia Sotomayor and some historical revision of a 1987 Supreme Court immigration case. They then dive into last week’s 94-page ruling from a federal judge striking down California’s assault weapons ban, a decision that includes references to COVID vaccines and the Swiss Army knife in its robust defense of gun rights in America. Finally, David and Sarah discuss whether civic education can reduce negative partisanship in America. Show Notes: -United States v. Palomar-Santiago -United States v. Mendoza-Lopez -Sotomayor’s statement on the Draft -California assault weapons ban ruling Learn more about your ad choices. Visit megaphone.fm/adchoices