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Advisory Opinions

Advisory Opinions

640 episodes — Page 13 of 13

Ep 40How Do You Square a Circle?

The president has a new social media executive order. What happens if Trump loses in November, but doesn't want to leave? Qualified immunity and the Fourth Amendment in the context of the death of George Floyd in Minneapolis. House of Representatives allows proxy voting for the first time this week. And a Central Park video sparks a national conversation. David and Sarah have thoughts. Show Notes: -David's piece The Growing Threat to Free Speech Online -Republican lawsuit to block proxy voting Learn more about your ad choices. Visit megaphone.fm/adchoices

May 28, 20201h 15m

Ep 39Golden Handcuffs

David and Sarah discuss the growing partisan divide over the handling of the coronavirus pandemic, the legal fights over church openings, Rachel Maddow's SLAPP lawsuit victory, and the pros and cons of going to law school. Show Notes: -Harvard false positive/negative rates -Reuters R vs. D county study -The Public's Judgement of Their State's Performance During the COVID-19 Outbreak -Columbia study -JP Morgan findings -Public Sees Harm in Exaggerating, Downplaying COVID-19 Threat -David's piece Coronavirus and the Fog of War -David's piece The Police Power of the States to Control a Pandemic, Explained -Church reopening rules -Lighthouse SOI -New Jersey lawsuit -SLAPP opinion Learn more about your ad choices. Visit megaphone.fm/adchoices

May 26, 20201h 8m

Ep 38Ultimate Supreme Court Nerdery Part II

David and Sarah finish their preview of a number of upcoming Supreme Court decisions from the Consumer Financial Protection Bureau to DACA and the Title VII cases. The two also discuss the debate over moves to expand vote by mail, and the new Hulu miniseries Mrs. America. Show Notes: -Texas vote by mail lawsuit -A Guide To the 10 Biggest Supreme Court Cases of This Term -A Glossary of Important SCOTUS Terminology Learn more about your ad choices. Visit megaphone.fm/adchoices

May 22, 20201h 27m

Ep 37Ultimate Supreme Court Nerdery Part I

David and Sarah discuss the end of Rep. Justin Amash's short-lived presidential bid, preview a number of upcoming Supreme Court decisions from Little Sisters of the Poor to the Blaine Amendment case, and the New York Times column taking a closer look at Ronan Farrow. Show Notes: -The agonizing story of Tara Reade -A Guide To the 10 Biggest Supreme Court Cases of This Term -A Glossary of Important SCOTUS Terminology -Not Everyone Is Happy With the Supreme Court’s Live Broadcasts -Is Ronan Farrow Too Good to Be True? -ProPublica: Disaster in the Pacific Learn more about your ad choices. Visit megaphone.fm/adchoices

May 18, 20201h 15m

Ep 36Meet the Faithless Electors

David and Sarah discuss 'unmasking' and Michael Flynn, Supreme Court oral arguments over the president's financial records and "faithless electors," and Wisconsin administrative law. Show Notes: -The Flynn case isn’t over until the judge says it’s over -Transcript of Michael Flynn sentencing proceedings -Trump v. Vance oral argument transcript -Trump v. Mazars USA, LLP oral argument transcript -Colorado Dept. of State v. Baca oral argument transcript -Chiafalo v. Washington oral argument transcript -Wisconsin Supreme Court blocks statewide lockdown Learn more about your ad choices. Visit megaphone.fm/adchoices

May 14, 20201h 15m

Ep 35Time's Up. Let's Do This...

The Supreme Court hears oral arguments in Our Lady of Guadalupe School v. Morrissey-Berru. Secretary Betsy DeVos releases new regulations to overhaul Title IX. New details in the shooting death of Ahmaud Arbery. The Justice Department drops its criminal case against Michael Flynn. David and Sarah have thoughts. Show Notes: -Our Lady of Guadalupe School v. Morrissey-Berru oral argument -Betsy DeVos Strikes a Blow for Due Process Learn more about your ad choices. Visit megaphone.fm/adchoices

May 11, 20201h 15m

Ep 34Justin Amash vs. Death Star

Rep. Justin Amash of Michigan joins David and Sarah to discuss his announcement that he is exploring a presidential run as a candidate of the Libertarian Party. David and Sarah then turn to the shooting death of Ahmaud Arbery, a 25-year-old black man, in a South Georgia neighborhood. Show Notes: -A Vigilante Killing in Georgia Learn more about your ad choices. Visit megaphone.fm/adchoices

May 8, 20201h 4m

Ep 33Our Lady of Guadalupe Goes Supreme

David and Sarah discuss the Supreme Court's first day of oral arguments via teleconference, preview the court's May calendar, get the latest in the U.S. women's soccer team's equal pay lawsuit, and preview Our Lady of Guadalupe School v. Morrissey-Berru. Show Notes: -Supreme Court's May argument calendar -Feds, Northam spar over Virginia stay-at-home order’s impact on churches -District Court opinion dismissing U.S. women's soccer equal pay claim -All the briefs to the Supreme Court in Our Lady of Guadalupe School v. Morrissey-Berru -2012 Hosanna-Tabor Supreme Court opinion -“It’s after 6. What am I, a farmer?” Learn more about your ad choices. Visit megaphone.fm/adchoices

May 4, 20201h 9m

Ep 32The Flynn Saga

David and Sarah discuss the latest after Michael Flynn’s defense claims FBI notes show agents tried to entrap him, the viability of third-parties as Justin Amash flirts with running for president, and some legal news updates. Learn more about your ad choices. Visit megaphone.fm/adchoices

May 1, 20201h 2m

Ep 31Smothered and Covered

David and Sarah discuss the latest polls looking at the 2020 election, the Supreme Court's decision to dismiss a New York gun rights case, and talk with Steven Lehotsky, of the U.S. Chamber of Commerce, about how businesses are dealing with liability as they make plans to reopen. Learn more about your ad choices. Visit megaphone.fm/adchoices

Apr 27, 20201h 5m

Ep 30Queso Burro

Supreme Court opinions, the president's immigration executive order, homeschooling controversies, and the longterm cultural effects of coronavirus. David and Sarah have thoughts. Learn more about your ad choices. Visit megaphone.fm/adchoices

Apr 24, 20201h 2m

Ep 29Showing a Little Ankle

David and Sarah discuss the Supreme Court's decision in Ramos v. Louisiana that held that the Constitution requires unanimous jury verdicts for convictions in criminal cases, a federal court's decision that upheld Michigan's independent redistricting commissions, and David responds to comments on his Sunday newsletter. Learn more about your ad choices. Visit megaphone.fm/adchoices

Apr 20, 20201h 15m

Ep 28The Mostly Meaningless Podcast

Wisconsin primary results, regulatory taking in Pennsylvania, adjournment clause, 2020 veepstakes, and much more. David and Sarah have thoughts. Learn more about your ad choices. Visit megaphone.fm/adchoices

Apr 17, 202057 min

Ep 27Cut to Black

David and Sarah discuss the sexual assault allegation against Joe Biden, the president's tweet about who has the power to "open up" the economy, a federal judge's ruling that a Kentucky church can conduct Easter drive-in service, and The Sopranos. Learn more about your ad choices. Visit megaphone.fm/adchoices

Apr 14, 20201h 1m

Ep 26Voting in a Pandemic

Rachel Kleinfeld, a senior fellow at the Carnegie Endowment, joins David and Sarah to discuss how you pull off an election during a pandemic. Rachel makes the case for why states need to start thinking about how coronavirus may impact November now, and expand absentee voting and drive-thru voting. Learn more about your ad choices. Visit megaphone.fm/adchoices

Apr 9, 202058 min

Ep 25You Magnificent Bastard

A captain is fired after a letter detailing the Navy's failures in dealing with the coronavirus outbreak is leaked. The intelligence community inspector general is fired for his role in the Ukraine matter. Queen Elizabeth II gives a rare address to the United Kingdom. David and Sarah have thoughts. Learn more about your ad choices. Visit megaphone.fm/adchoices

Apr 6, 202059 min

Ep 24Beyond Originalism?

David and Sarah discuss the political ramifications of the coronavirus outbreak, Adrian Vermeule's essay on originalism, and what conservatives get wrong about masculinity. Learn more about your ad choices. Visit megaphone.fm/adchoices

Apr 2, 202057 min

Ep 23Coronavirus Response

David and Sarah discuss the government's coronavirus response with Representative Chip Roy of Texas, and the Netflix documentary, "Tiger King," lighting the internet on fire. Learn more about your ad choices. Visit megaphone.fm/adchoices

Mar 30, 20201h 1m

Ep 22Confirmation Battles

David and Sarah talk coronavirus confusion, and Justice Clarence Thomas and confirmation battles with Carrie Severino of the Judicial Crisis Network. Learn more about your ad choices. Visit megaphone.fm/adchoices

Mar 27, 20201h 16m

Ep 21Curb Your Parasites

David and Sarah touch on the latest from Capitol Hill, Biden's campaign, and Bloomberg lawsuit. The two then dive into the coming clashes between the state and federal governments over coronavirus, the U.S. women’s soccer team's equal pay lawsuit, and how they're spending their quarantine time. Learn more about your ad choices. Visit megaphone.fm/adchoices

Mar 23, 20201h 5m

Ep 20In Chambers

David and Sarah talk with Chief Judge David Jones, of the U.S. Bankruptcy Court for the Southern District of Texas in Houston, about how the court system is handling coronavirus. Is the judge seeing an uptick in bankruptcies? David and Sarah also discuss the future of Bernie Sanders' movement and share an exciting announcement. Learn more about your ad choices. Visit megaphone.fm/adchoices

Mar 19, 20201h 4m

Ep 19Quarantine Law

David and Sarah answer all your questions about the legal issues raised by the coronavirus outbreak: enumerated powers, police powers, regulatory takings, quarantines, and martial law. Learn more about your ad choices. Visit megaphone.fm/adchoices

Mar 16, 20201h 1m

Ep 18The Hillary Story

The president addressed the nation on the coronavirus outbreak, Harvey Weinstein gets 23 years in prison, and Hulu's new docuseries 'Hillary' is now streaming. David and Sarah have thoughts. Learn more about your ad choices. Visit megaphone.fm/adchoices

Mar 12, 20201h 5m

Ep 17SLAPP Shot

David and Sarah preview tomorrow's primaries with a special focus on Michigan, thoughts on coronavirus, the Trump campaign's lawsuits against the Times, the Post, and CNN, the execution of Nathaniel Woods, and an "in-depth" discussion on the XFL. Learn more about your ad choices. Visit megaphone.fm/adchoices

Mar 9, 20201h 15m

Ep 16Qualified Immunity Rap Battles

David and Sarah have Super Tuesday numbers to dive into, oral arguments in Louisiana's Supreme Court abortion case, FISA reform, qualified immunity, and is it okay to arrest six-year-olds? Learn more about your ad choices. Visit megaphone.fm/adchoices

Mar 6, 20201h 14m

Ep 15Delegate Fun Time

David and Sarah discuss the likelihood of a brokered convention after Joe Biden's big win in South Carolina, the appeal court's Don McGahn decision, the CFPB fight at the Supreme Court this week, and the intersection of #MeToo and revenge porn in the Katie Hill story. Learn more about your ad choices. Visit megaphone.fm/adchoices

Mar 2, 20201h 4m

Ep 14Alligator Boots

David and Sarah speak with Liz Murrill, Louisiana's solicitor general, about her case before the Supreme Court June Medical Services v. Russo. The three discuss the facts of the high-profile abortion case, legal strategy, and how Liz preps to face the nation's highest court. Learn more about your ad choices. Visit megaphone.fm/adchoices

Feb 28, 202057 min

Ep 13Jurisprudence of Doubt

David and Sarah have a lot on their plate. Can Bernie Sanders assemble a coalition similar to Obama's 2008 campaign? Will the Supreme Court draw a line between religious freedom and nondiscrimination statutes? And who is David Ayres? Learn more about your ad choices. Visit megaphone.fm/adchoices

Feb 26, 20201h 4m

Ep 12Tilting at Windmills

David and Sarah examine the decision to not prosecute Andrew McCabe, the eye-opening interview Harvey Weinstein's attorney gave, and answer which novels have most impacted them. Learn more about your ad choices. Visit megaphone.fm/adchoices

Feb 18, 202052 min

Ep 11Voir Dire

David and Sarah take on the whirlwind of news surrounding the Roger Stone case, go behind the scenes of opposition research, and share their thoughts on the Netflix docuseries "Cheer." Learn more about your ad choices. Visit megaphone.fm/adchoices

Feb 14, 20201h 7m

Ep 10Potpourri of Awfulness

David and Sarah speak with Nikki Neily, president of Speech First, about bias response teams on college campuses, the history of speech codes, and pick their own Oscar winners. Learn more about your ad choices. Visit megaphone.fm/adchoices

Feb 10, 202057 min

Ep 9Unintended Consequences

David and Sarah look at polling shenanigans ahead of the Iowa caucuses, take a closer look at the history of the 17th Amendment, and discuss the impact of Apple's "The Morning Show." Learn more about your ad choices. Visit megaphone.fm/adchoices

Feb 3, 20201h 2m

Ep 8All But Assured

David and Sarah discuss the news from John Bolton's book, what's wrong with Congress, and the death of Kobe Bryant. Learn more about your ad choices. Visit megaphone.fm/adchoices

Jan 27, 202058 min

Ep 7Play in the Joints

David and Sarah discuss the administration's moves to protect prayer in public schools with Jennie Bradley Lichter, the deputy director of the White House Domestic Policy Council, Little Sisters return to the Supreme Court, and justices will hear the faithless electors case. Learn more about your ad choices. Visit megaphone.fm/adchoices

Jan 22, 20201h 2m

Ep 6Do Crimes

David and Sarah take a closer look at the new impeachment evidence, the continuing legal objections to the strike that killed Qassim Suleimani, and what exactly is Mike Bloomberg doing? Learn more about your ad choices. Visit megaphone.fm/adchoices

Jan 16, 202048 min

Ep 5Tom Hanks' Face

David and Sarah engage in a wide-ranging analysis of John Bolton's potential testimony before the Senate, whether Trump can tweet his way through the War Powers Act (or legally bomb cultural sites), and we discuss whether Chief Justice Roberts will touch Roe v. Wade. And then they talk about Tom Hanks at the Golden Globes. Learn more about your ad choices. Visit megaphone.fm/adchoices

Jan 6, 20201h 1m

Ep 4Laws of War

Sarah and David discuss the killing of Iranian general Qassim Suleimani, ask WWJBD? (What would Jed Bartlett do?), and handicap the Democratic primary campaign. Sarah answers the burning question of the age -- is it better or worse to raise money in a wine cave? Learn more about your ad choices. Visit megaphone.fm/adchoices

Jan 3, 202059 min

Ep 3Zombie Obamacare

Former Texas Solicitor General Scott Keller joins to discuss the latest 5th Circuit opinion on Obamacare and David and Sarah discuss JK Rowling’s latest TERF tweet. Learn more about your ad choices. Visit megaphone.fm/adchoices

Dec 24, 20191h 9m

Ep 2Horseshoe Theory

David and Sarah offer a quick take on the British electoral landslide, revisit the IG report, give two cheers to Trump's anti-Semitism executive order, and then discuss the virtue-signaling side of the conservative porn wars. Learn more about your ad choices. Visit megaphone.fm/adchoices

Dec 13, 201957 min

Ep 1All About The IG

David French and Sarah Isgur launch their new podcast from The Dispatch with a detailed discussion of the Inspector General's report of FISA abuse in the 2016 election -- the good, the bad, and the ugly. Learn more about your ad choices. Visit megaphone.fm/adchoices

Dec 10, 201958 min