Advisory Opinions

Ever since its humble beginnings in March 2016, The Babylon Bee—a Christian, conservative version of The Onion—has been a godsend for Americans who have become worn out by news outlets that take themselves too seriously. From its theological inside jokes about the prosperity gospel to its Snopeslong-standing feuds with and CNN, the Bee has made its mark in the world of satire. On today’s episode, David and Sarah are joined by the Babylon Bee’s editor-in-chief, Kyle Mann, who tells us about the challenges of satire writing in a cultural moment when it’s not always easy to determine fact from fiction. “There is an element where it’s not that our articles are too close to reality, it’s that reality is too close to satire,” Mann explains. “It’s what makes it so hard to write because you write something that you think is so goofy and over the top and then people believe it because reality is so crazy.” Listen to today’s episode for a conversation about C.S. Lewis’ best books, Kyle’s joke-writing process, and a tell-all about why Twitter’s decision to temporarily deplatform and demonetize the Babylon Bee was ironically “the best thing that could happen” to the team. Today’s episode would be incomplete without its requisite dose of legal nerdery. Tune in to hear David and Sarah discuss the never-ending saga with Michael Flynn, the McGahn case, and Sarah Palin’s defamation case against the New York Times. Show Notes: -Some of the Babylon Bee’s top headlines: “Nation's Cats Endorse Trump In Hopes Americans Will Go Back To Work And Leave Them Alone”, “Nation Shocked As Jerry Falwell Jr. Doesn't Turn Out To Be Man Of Upstanding Character,” “Lego Introduces New Sharper Bricks That Instantly Kill You When You Step On Them,” “Joel Osteen Sails Luxury Yacht Through Flooded Houston To Pass Out Copies Of 'Your Best Life Now,' ” “Inspiring: Celebrities Spell Out 'We're All In This Together' With Their Yachts.” Learn more about your ad choices. Visit megaphone.fm/adchoices

Violent riots escalated quicky in Kenosha, Wisconsin, after the police shooting of Jacob Blake. . On Wednesday, 17-year-old Kyle Rittenhouse was charged with first-degree homicide for the shooting deaths of two people in Kenosha on Tuesday evening. Sarah and David break down what we know and don’t know about the Jacob Blake shooting on today’s episode of Advisory Opinions and talk through the legality of vigilante justice during times of unrest. “These really traumatic events are playing out in front of all of us,” David says on today’s episode. In one sense they’re playing out in a way that’s quite transparent because you can see the actual shootings on tape. “But there’s still a disturbing amount of fog around all of the incidents,” he adds. As Sarah explains, “We’re never talking about black and white cases but then everyone treats them like they’re black and white cases.” From a legal standpoint, law enforcement officials will have to fill in those gaps before they can render a clear legal judgment in all of these shootings. Sarah and David also take a walk down memory lane by revisiting Bush v. Gore, while also diving into the recent TikTok lawsuit and a fun conversation about our podcast hosts’ favorite parts of adulthood. Show Notes: -Video of Jacob Blake shooting, Bush v. Gore. Learn more about your ad choices. Visit megaphone.fm/adchoices

Today our hosts are joined by Phill Drobnick, head coach of the Olympic curling team, for some hot takes about the sport that inspired Sarah’s new campaign newsletter The Sweep. Listeners who are unfamiliar with this sport, which gets even passing national coverage only during Winter Olympics years, might be wondering about curling’s origins. “It started in Scotland, like every goofy sport that involves beer,” explains Drobnick on today’s episode. The sport then took off in Canada and then around the world. When people watch curling during the Olympics, they become armchair referees who don’t realize how much strategy is at play behind the scenes. How similar is curling to golf and hockey? Do sweepers make or break the game? Is there a culture of collegiality or trash talk in the professional curling universe? Coach Drobnick has got answers. Tune in to today’s show to hear Sarah and David also discuss the partisan skew in absentee voting, the increasing likelihood of another Bush v. Gore-style debacle over mail-in voting, and the RNC’s nonexistent platform moving into this week’s convention. Show Notes: -Sarah’s campaign piece about curling and The Sweep. -“The Grand Old Meltdown” by Tim Alberta in Politico. Learn more about your ad choices. Visit megaphone.fm/adchoices

Former Trump advisor Steve Bannon was arrested Thursday—along with Brian Kolfage, Andrew Badolato, and Timothy Shea—after federal prosecutors discovered they defrauded donors involved with the “We Build the Wall” campaign, a GoFundMe that shored up $25 million in donations since its inception in 2018. The unsealed federal indictment is damning, and even shows evidence of the grifters’ amusement with scamming their donors and misappropriating the funds for personal use. The grift looks a lot like what happened recently with the NRA with Wayne LaPierre, and reminds us that scamming donors is an ever-present problem on the Right. As David says on today’s pod, “Right-wing institutions are bilking from angry grandpas and grandmas—their extra dollars—to fight for the people, when they’re really conning the people.” Catch the latest episode for some highlights (and lowlights) of the Democratic Convention, a primer on employment law in relation to the Goodyear diversity slideshow, Facebook’s strike against QAnon and Antifa, and an answer to a listener question from about the citizenship of a tv show character. Show Notes: -Trump embracing QAnon in front of reporters, Sarah’s “Mid Week Mop-Up With Mo Elleithee”, parody Orrin Hatch tweet, and the indictment against Steve Bannon, Brian Kolfage, Andrew Badolato, and Timothy Shea. Learn more about your ad choices. Visit megaphone.fm/adchoices

The 9th Circuit recently heard an appeal from a challenge to the state of California’s ban on large capacity magazines (in this case, any magazine that holds 10 or more rounds). California didn’t just ban the sale of these magazines, it banned their transfer, importation, and outright possession in the state. The 9th Circuit ended up striking down this law and departing from its sister circuits on the question of scrutiny. The precise contours of the Second Amendment remain up in the air in the post-D.C. v. Heller era, but our podcast hosts are armed with a war chest of constitutional history that helps break down gun rights precedent for our listeners. In today’s episode, Sarah and David also dive into the John Durham probe into former FBI lawyer Kevin Clinesmith’s falsified surveillance warrants against Trump campaign adviser Carter Page. In keeping with August’s Monday nerdery trend, our hosts are joined today by Rob Daviau, a professional legacy board game creator. Daviau has worked on more than 80 published games—including Risk 2210 AD, Axis & Allies Pacific, Star Wars Epic Duels, and Clue Harry Potter—and has been a professor of game design at Hampshire College and NYU. Tune in to today’s episode to learn the ins and outs behind legacy board game creation and to learn why a game with bad math doesn’t work. Show Notes: -United States v. Carolene Products Company and Harlan Fiske Stone’s famous Footnote Four. Learn more about your ad choices. Visit megaphone.fm/adchoices

In 2017, an anonymous individual named “Q” began posting on a public messaging board called 4chan about “Pizzagate,” a conspiracy theory alleging that a restaurant called Comet Ping Pong was really an underground child sex trafficking ring run by deep state political elites. Q quickly gained acclaim online after he continued posting unsubstantiated clues—what QAnon followers call “bread crumbs”—about a prophetic “Great Awakening” that is in store, when deep state Democrats will supposedly be held accountable for their “crimes.” On Tuesday, avowed QAnon sympathizer Marjorie Taylor Greene won a Republican congressional primary in Georgia. Beyond her avowal of QAnon, she is a 9/11 truther, has called black people “slaves” to the Democratic Party, and has characterized the 2018 House midterms “an Islamic invasion of our government.” What’s worse, the president congratulated her win on Twitter after her victory. Given Georgia’s 14th District is a reliably red district, she’s almost certainly headed toward Congress. What does this mean for the future of the GOP? David and Sarah have some thoughts. Be sure to listen to today’s episode to hear our podcast hosts discuss the new police officer body camera footage leading up to George Floyd’s killing, as well as the constitutional underpinnings of John Eastman’s Newsweek piece questioning Kamala Harris’ eligibility for office on birtherist grounds. Show Notes: -John Eastman’s Newsweek piece on Kamala Harris, U.S. v. Wong Kim Ark, Thomas v. Lynch 5th circuit case, D.C. circuit case, statutory citizenship rights explainer. -Police officer body camera footage leading up to George Floyd’s murder. -Professor Ted Sampsell-Jones on the charges in the George Floyd case. -Pew Research Center polling on QAnon. Learn more about your ad choices. Visit megaphone.fm/adchoices

How realistic is the SpaceX dream to get to Mars? What does the latest scientific literature have to say about supernovae? Is there intelligent life in the universe? Today, Sarah and David are joined by Atlantic staff writer Marina Koren for a deep dive into all things space. Hear everything there is to know about the space race between Elon Musk and Jeff Bezos, colliding black holes, and other crazy interstellar phenomena. But today’s episode would be incomplete without its requisite dose of legal nerdery. Tune in to hear David and Sarah break down the legality of Trump’s latest executive actions and offer some insights on the D.C. circuit’s decision regarding the House Judiciary Committee and former White House counsel Don McGahn. Show Notes: -The D.C. Circuit McGahn case and the president’s executive actions this weekend: student loan payment relief memorandum, executive order on evictions, payroll tax deferral memorandum, unemployment insurance memorandum. -Advisory Opinions episode with Josh Blackman, associate professor of law at the South Texas College of Law Houston. -“Black Holes Really Know How to Savor Their Meals” by Marina Koren, and her author page at The Atlantic. Learn more about your ad choices. Visit megaphone.fm/adchoices

People who watch and comment on politics do so very differently than campaign operatives do. Campaigns use voter scores and voter modeling—which is essentially “Moneyball” for politics—to gauge which voters are worth spending money on. As Sarah explains: “It’s a quadrant: on the y axis you have who you’re going to vote for, and on the x axis, you have your likelihood to vote. So you may be the most Trump-y Trump person ever.” But here’s the kicker: “If I go and look back and you haven’t voted since Jimmy Carter, your propensity to vote is so low, that how much money we’re going to spend on reaching you as a voter is going to actually be pretty low.” Be sure to listen to this episode so our podcast hosts can get more into the weeds about how those voter scores are being used behind the scenes in future episodes. The country is still mourning the death of Breonna Taylor, an African American woman who was shot and killed by police officers in her Kentucky home during a no-knock raid in March. For years, no-knock warrants have withstood the test of time, given their alleged capacity to protect police and preserve evidence. But as David says, “there’s evidence that no-knock warrants are constitutionally deficient,” and “as a practical matter, castle doctrine and no-knock warrants are incompatible.” Sarah, on the other hand, doesn’t believe the castle doctrine should apply to police. Are no knock raids worth preserving? Why are they so broadly granted to police officers? Sarah and David have answers. Catch up on the latest episode for an update on the Michael Flynn case, subpoenas for Trump’s financial records, and the Hatch Act. Show Notes: -Sarah’s newsletter, The Sweep, Jonah’s column on silent MAGA voters. -SCOTUS opinion authored by Justice Alito on no-knock raids, D.C. v. Heller. -“Flip It and Reverse It: Squirrel Edition” episode of Advisory Opinions. -“Trump’s Bank Was Subpoenaed by N.Y. Prosecutors in Criminal Inquiry” in the New York Times. Learn more about your ad choices. Visit megaphone.fm/adchoices

Rewind millions of years and a dinosaur-killing asteroid is racing toward Earth at breakneck speed. But what exactly happened in the immediate aftermath of this event? Which species survived and which ones were met with instantaneous extinction? In a much-needed break from today’s partisan political climate, David and Sarah are joined by Steve Brusatte, a professor of paleontology and evolution at the University of Edinburgh, for some in-the-field expertise on the dinosaur age. “When the dinosaurs died,” Steve Brusatte explains on today’s podcast, “they died literally because a six-mile wide rock fell out of the sky, traveling faster than a speeding bullet.” Fast forward to 2020, and paleontology is in high demand. “We’re in this golden age right now,” Brusatte tells David and Sarah. “There’s fifty-something new species of dinosaurs being found every single year.” But realistically speaking, most people have a limited knowledge base about dinosaurs. Was the Tyrannosaurus rex an intelligent dinosaur? Are pterodactyls birds? What are the personality traits that make a good paleontologist? Steve Brusatte has answers. Tune in for some fun facts about pinocchio dinosaurs, banana-sized T-rex teeth, and birds (which are dinosaurs, by the way). For all you Jurassic Park fans out there, you won’t want to miss this one (especially since Brusatte is now a science consultant for the series.) Show Notes: -Steve Brusatte’s book, The Rise and Fall of the Dinosaurs: A New History of a Lost World, The Genius of Birds by Jennifer Ackerman, and She Has Her Mother's Laugh: The Powers, Perversions, and Potential of Heredity by Carl Zimmer. Learn more about your ad choices. Visit megaphone.fm/adchoices

The D.C. Circuit has decided to hear the Michael Flynn debacle en banc. For the meantime, as Sarah reminds us on today’s episode, “Michael Flynn seems to be getting some extra justice that a lot of criminal defendants would be really happy to get.” If it goes back to the district court, would Trump pardon him? Our podcasters weigh in. On Thursday morning, President Trump tweeted that we should consider delaying the election over mail in ballot concerns, which of course he can’t do without congressional approval. Based on data collected from states that regularly use mail-in voting in elections, election fraud isn’t a real concern. But it’s also worth noting that these states were able to plan for their elections years in advance, whereas the pandemic is forcing states into preparing for mail-in voting on a mass scale on very short notice. Are states ready for the legal discrepancies and inevitable ballot invalidations that will ensue? Beyond some election punditry, our podcast hosts also touch on the Supreme Court conference leaks to CNN legal analyst Joan Biskupic, the latest updates with DACA, and some hot takes on the importance of the bar exam. Show Notes: -Trump tweet about delaying the election. -Inside scoop on conservative justices from CNN’s Joan Biskupic. Learn more about your ad choices. Visit megaphone.fm/adchoices

Our esteemed podcast host Sarah Isgur launched her new Dispatch newsletter called “The Sweep” today, in which she broke down the effectiveness of the new presidential campaigns ads. Conclusion? Biden’s new ads are strategically boring to offset his opponent’s predictable unpredictability, whereas Trump’s play up the anarchy of the radical left. As Sarah reminds us, persuasion ads don’t work. This leaves candidates with two options: 1) Run up their existing base in enthusiasm and support, or 2) Get their opponent’s base not to vote. Justice Roberts trended on Twitter Friday night after joining the four liberal justices in denying a Nevada church’s application for injunctive relief over coronavirus restrictions. Religious liberty lovers sounded the alarm for First Amendment violations. But our podcast hosts are less concerned about this case’s long-term effect on religious liberty case law, given the state’s interest in restricting mass gatherings will soon be subverted to transcendent religious liberty concerns once the pandemic subsides. As David says, “The real enemy is not Justice Roberts, the real enemy is the coronavirus.” Speaking of Supreme Court drama, Josh Hawley told the Washington Post on Sunday that he won’t support any SCOTUS nominee who does not explicitly acknowledge that Roe v. Wade was wrongly decided: on the record, and before they are nominated. Was this ridiculous fanfare to fuel his base? Our hosts have some thoughts. Sarah and David wrap up the podcast with some revisionist history on a Merrick Garland Supreme Court tenure and some parental advice on how to teach your kids risk tolerance and moral courage. Show Notes: -Sarah’s pilot newsletter, The Sweep: “T-Minus 99 Days and Counting …” and Thursday’s French Press, “Dump Trump, but Don’t Burn Down the GOP.” -Friday’s Supreme Court dissents on Nevada church case. -“Sen. Hawley lays down new antiabortion marker for Supreme Court nominees,” Josh Hawley’s recent speech on the failures of the conservative legal movement, and Adrian Vermeule’s case for common-good constitutionalism in the Atlantic. -Supreme Court opinions: NIFLA v. Becerra, Bostock v. Clayton County, Masterpiece Cakeshop v. Colorado Civil Rights Commission , Our Lady of Guadalupe School v. Morrissey Berru, June Medical Services, United States v. Davis. -The Coddling of the American Mind: How Good Intentions and Bad Ideas Are Setting Up a Generation for Failure by Jonathan Haidt and Greg Lukianoff. Learn more about your ad choices. Visit megaphone.fm/adchoices

A federal judge ordered the release of Trump’s former attorney Michael Cohen from prison on Thursday. On July 9, Cohen and his lawyer went into the U.S. Probation Office in Manhattan to transition from furlough to home confinement. But instead Cohen was arrested by three U.S. Marshals and brought back to prison. Why did this happen? David and Sarah explain. Check out today’s episode to hear our podcasters discuss the presence of federal police in Portland, the defamation lawsuit against MSNBC host Joy Reid, and Trump’s latest executive order excluding illegal aliens from the 2020 census for apportionment purposes. David and Sarah wrap up the episode with a fiery debate over their favorite legal tv shows. Show Notes: -Check out Michael Cohen’s brief to the court and David’s latest French Press on the Crisis in Portland. -Here’s Roslyn la Liberte’s defamation lawsuit against Joy Reid, a photo of the incident, and the Fox News article David mentioned: “MSNBC's Joy Reid walks back comments on conservative David French after bipartisan Twitter beatdown.” -Trump’s executive order excluding undocumented immigrants from the 2020 census, Clarence Thomas dissent from denial in Cohen v City of Houston, Cohen v City of Houston, see footnote 19 and 20. Learn more about your ad choices. Visit megaphone.fm/adchoices

The 2019-2020 Supreme Court term was quite the spectacle: the court canceled its March and April argument sessions, held oral arguments by telephone for the first time in May, and stretched its opinion announcements into July for the first time in many years. The term was packed with several blockbuster cases and ended with an announcement from Justice Ginsburg about a pancreatic cancer recurrence. And in the haze of it all, many Americans are still puzzled by some of the rulings. Our podcast hosts are here to help. Has the conservative legal movement failed? Will disputes over mail-in ballot counting turn November into a Bush vs. Gore 2.0? And the million-dollar question: What’s up with Chief Justice John Roberts? On today’s episode, David and Sarah are joined by SCOTUSblog’s Amy Howe to field some questions about recent cases and tie a bow on what became a rather unprecedented year for the justices. Tune in for an exclusive look into the origins of SCOTUS Blog and some punditry on the cases that are on the docket for next term. Before founding SCOTUSblog, Amy Howe argued two cases before the Supreme Court and served as counsel for two dozen merit cases there. She has taught Supreme Court litigation at both Stanford Law and Harvard Law and served as an adjunct professor at Vanderbilt Law School and American University’s Washington College of Law. Show Notes: -Amy Howe and Lyell Denniston’s review of the term on the SCOTUStalk podcast. -Travel ban case, census case, DACA case, Trump v. Mazars and Trump v. Vance. Little Sisters of the Poor, Montana school case, CFPB case, robocall case, June Medical Services, Whole Woman's Health, Masterpiece Cakeshop, Guadalupe, McGirt v. Oklahoma, and Josh Hawley’s speech on the Bostock decision. Learn more about your ad choices. Visit megaphone.fm/adchoices

After a momentous term at the Supreme Court, what are we to make of it all? Josh Blackman, associate professor of law at the South Texas College of Law Houston, joins David and Sarah to help us all understand: Roberts' role at the center of the Court, Gorsuch and textualism, and Kagan's growing influence. David, Sarah, and Josh cover it all. Show Notes: -Make sure to read Sarah's piece on the Supreme Court term. Learn more about your ad choices. Visit megaphone.fm/adchoices

With Joe Biden’s popularity rising in battleground states (according to several recent polls), Democratic lobbyists and party officials are urging the presidential candidate to try and win over purple and even conservative-leaning states like Georgia and Texas. But most of his advisors are urging a more conservative path, encouraging him to focus on states he knows he can win. David and Sarah discuss these opposing strategies and offer their insights on what a winning 2020 presidential campaign should keep in mind. In today’s episode, they also discuss the president’s pardoning power, theological and constitutional arguments related to the death penalty, and Trump’s tweet about re-examining the tax-exempt status of academic institutions that “are about Radical Left Indoctrination, not Education.” They wrap the podcast by responding to a listener’s question about what to include in an intro philosophy course. Show Notes: -New York Times piece on warring factions within Biden’s campaign, Fox News poll, University of Texas poll, Dallas Morning News poll, CBS/YouGov poll. -Death penalty opinion. -Andrew Kent’s congressional testimony. -Ex Parte Garland case from 1866. -Notes on Virginia ratifying convention from Brookings Institution. -“The Traditional Interpretation of the Pardon Power Is Wrong” Atlantic article by Corey Brettschneider and Jeffrey K. Tulis. -John Rawls’ A Theory of Justice. Learn more about your ad choices. Visit megaphone.fm/adchoices

The Supreme Court wrapped up its term today with an opinion on what counts as American Indian tribal lands and two related cases about the president’s financial records. In Gorsuch’s majority opinion in McGirt v. Oklahoma, the court found that Congress’ 19th century promise to give large swaths of Eastern Oklahoma to the Muscogee (Creek) tribe still stands. This means roughly half of Oklahoma—and most of Tulsa—is now an Indian reservation, and that tribal members are not subject to Oklahoma criminal law when they are on tribal lands. SCOTUS also released blockbuster opinions about whether the president was required to turn over his financial records to Congress and the New York County district attorney’s grand jury. But as Sarah and David point out, most of the news headlines are misinterpreting the court’s decision. The Court sent both cases back to the district court for further arguments, which means Trump won’t be turning over his financial records anytime soon—if he ever does. Show Notes: -The Supreme Court's Oklahoma ruling, McGirt v. Oklahoma, and its two rulings on the president's financial records, Trump v. Mazars and Trump v. Vance. Learn more about your ad choices. Visit megaphone.fm/adchoices

The Supreme Court has released two more religious liberty rulings into the world. Our Lady of Guadalupe School v. Morrissey Berru ended up being a blow to employment discrimination laws in favor of First Amendment religious liberty concerns. In Little Sisters of the Poor, the Court upheld a regulation allowing employers with religious objections to ignore the Affordable Care Act's birth control mandate. David and Sarah take a closer look at both cases, and on the battle between religious liberty and gay rights, David shares his theory on the emerging pattern from the Supreme Court. Show Notes: -Monmouth poll on Trump’s slim reelection chances. -Our Lady of Guadalupe School v. Morrissey Berru SCOTUS opinion, Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission case from 2012, Utah compromise, Obergefell v. Hodges, fairness for all law, Masterpiece Cakeshop v. Colorado Civil Rights Commission, Bostock v. Clayton County. -Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania ruling. Learn more about your ad choices. Visit megaphone.fm/adchoices

As we near the end of another Supreme Court term, speculation abounds over a Court retirement. Would the resulting nomination battle be more or less contentious than the appointment of Justice Kavanaugh? David and Sarah answer this thought experiment while also touching on the implications this scenario would have on the 2020 election. They also break down rulings on robocalls and faithless electors. When and how can you constitutionally defend yourself? The question comes after a gun-toting St. Louis couple made a show of force against Black Lives Matter protesters. On a more lighthearted note, David concludes the podcast by interviewing Sarah on her career path and what landed her at The Dispatch. Show Notes: -Check out the Supreme Court’s rulings in the robocall case (Barr v. American Association of Political Consultants, Inc.) and the faithless electors case (Chiafalo v. Washington). -Click here for a video of the Brooks Brothers militia v. BLM protesters standoff and be sure to read Andrew Egger’s interview with Stephen Mutowski in The Dispatch for an in-depth legal analysis of the incident. Be sure to check out David’sWashington Post 2018 piece on stand your ground laws. Learn more about your ad choices. Visit megaphone.fm/adchoices

The Supreme Court denies cert to an abortion case, grants cert to a case over Mueller's secret evidence, and the Biden and Trump campaigns are lawyering up for 2020's final act. David and Sarah have thoughts. Show Notes: -Declan’s Dispatch profile on Tim Scott -Hill v. Colorado -June Medical Services v. Russo -Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission -Arlene’s Flowers Inc. v. Washington -Whole Woman's Health v. Hellerstedt -Box v. Planned Parenthood of Indiana and Kentucky, Inc. -6E law on grand juries -“Biden pulls together hundreds of lawyers as a bulwark against election trickery” -“GOP recruits army of poll watchers to fight voter fraud no one can prove exists” Learn more about your ad choices. Visit megaphone.fm/adchoices

Espinoza is finally here, and David and Sarah are here for a proper deep dive into the Supreme Court's decision. Plus their reflections on the legal and political implications of the court's June Medical ruling. Show Notes: -Supreme Court's Espinoza ruling -Conservative groups see abortion ruling as catalyst for reelecting Trump -The Chief Justices Battle over the Removal Power Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah discuss another big day at the Supreme Court, from the court's decision to strike down a Louisiana abortion law to its ruling on the Consumer Financial Protection Bureau. Show Notes: -Our conversation with Louisiana's solicitor general -Supreme Court's Louisiana abortion ruling -Supreme Court's CFPB ruling -David's Sunday newsletter Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah discuss Joe Biden's polling lead in six swing states, the latest development in the Michael Flynn case, the Supreme Court ruling on asylum seekers, and free speech online. Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah discuss the president's rally in Tulsa, the firing of the U.S. attorney in New York, the lawsuit over John Bolton's book, and they process last week's Supreme Court decisions. Show Notes: -David's Sunday newsletter -Drew Griffin Twitter thread on Tulsa rally -28 U.S. Code § 546. Vacancies -Barr's statement on on the nomination of Jay Clayton -Berman's statement on firing -Trump remarks on Berman -Barr's letter to Berman -Ross Douthat on the Supreme Court -Jack Balkin on the conservative legal movement -Ezra Klein's podcast on polarization Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah discuss the Supreme Court's ruling that blocks the Trump administration from ending DACA for now, return to their discussion over the Title VII ruling, and finish with the legal fight over John Bolton's book. Show Notes: -Supreme Court DACA ruling -Cass Sunstein on Gorsuch Title VII opinion -Atlanta Journal-Constitution piece on Bostock -David's piece A Conservative Legal Chernobyl? Learn more about your ad choices. Visit megaphone.fm/adchoices

The Supreme Court declined to take up new cases dealing with gun rights and qualified immunity. The court ruled that federal anti-discrimination laws protect gay and transgender employees. Lines are drawn on originalism vs. textualism. David and Sarah have thoughts. Show Notes: -Supreme Court cert denials -Supreme Court Bostock opinion -Sarah's guide to the top 10 cases -Sarah's SCOTUS glossary Learn more about your ad choices. Visit megaphone.fm/adchoices

It's Brisket Eve and David and Sarah are celebrating by diving into the latest polls on the protests around the country, the legal weeds of Confederate monuments, and answer the question, why does the rule against perpetuities get the people going? But the festivities don't end there, there's the Michael Flynn amicus curiae, Tom Cotton, and Gone with the Wind. Show Notes: -Michael Flynn brief Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah discuss calls by protesters to "defund the police," ideas to reform police departments from no-knock raids to police unions, incorporation doctrine, and the miniseries 'Waco.' Show Notes: -David's Sunday newsletter -There’s Never Been a Better Time to Abolish Qualified Immunity -Justice Department Waco report Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah discuss the stunning critique of the president from James Mattis, the events of the last 24 hours from Mark Esper breaking with the president to Tom Cotton's op-ed, they then breakdown the charges against the police officer who had his knee on the neck of George Floyd, and end with their thoughts on 'The Last Dance.' Show Notes: -James Mattis Denounces President Trump -Derek Chauvin’s Actions Were Cruel. But a Conviction Won’t Come Easily. -Explaining the New Second Degree Murder Charge Against Derek Chauvin Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah discuss the latest news out of the Supreme Court including the court denying a California church's lockdown challenge, Rep. Justin Amash's plan to introduce legislation to end qualified immunity for police officers, Sen. Tom Cotton's call to invoke the Insurrection Act, the president's call to label ANTIFA a terrorist organization, and a return to their debate over law school. Show Notes: -Supreme Court California church ruling -Judge Willett opinion -David's Sunday newsletter -Nancy's video from the Nashville protest Learn more about your ad choices. Visit megaphone.fm/adchoices

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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