Advisory Opinions

Judge Edmund Sargus from the Southern District of Ohio joins Sarah and David to take on originalism and different means of constitutional interpretation. The Agenda: —Brown v. Board of Education and the different judicial philosophies that can be applied to the case —Originalism vs. common law traditionalism —Challenges and limitations of textualism and originalism —Landmark cases and the Supreme Court’s decisions shaping societal progress —Interpreting ambiguous constitutional terms like ‘equal protection’ and ‘due process’ —Thus ends DEI Show Notes: —Plessy v. Ferguson —Rutan v. Republican Party —Bostock v. Clayton County —Loving v. Virginia —A blast from the past: Rep. James A. Traficant found guilty of corruption —David for the NYT: The Magic Constitutionalism of Donald Trump —Seceding from Secession: The Civil War, Politics, and the Creation of West Virginia —Fifth Circuit opinion from Judge Andrew Oldham Learn more about your ad choices. Visit megaphone.fm/adchoices

It’s a silent spring in Texas as Pornhub pulls out of the state in an act of protest over a law requiring age verification measures. Sarah and David go through the legal battle between the explicit site and Texas AG Ken Paxton.The Agenda: —Sarah’s high —Texas law requiring age verification to access pornography online —The tiers of scrutiny in constitutional law —The role of text, history, and tradition —Going through the Antisemitism Awareness Act of 2023 —Understanding the differences between Medicare and Medicaid can be challenging, even for lawmakersShow Notes: —Sarah’s Remnant episode —Jacobellis v. Ohio —Ginsberg v. New York —Ashcroft v. ACLU —Child Online Protection Act —Wickard v. Filburn Wilker —United States v. Carolene Products Company —David for NYT: Ban Online Porn for Kids —David for NYT: One Party Has a Serious Foreign Policy Problem. The Other Has a Tantrum. —A class-action lawsuit against Columbia Learn more about your ad choices. Visit megaphone.fm/adchoices

David returns after a brief food poisoning hiatus to discuss two oral arguments heard before the Supreme Court: Trump’s immunity case and Idaho’s case on abortion bans. But first, a request from The Dispatch’s resident Wilson-hater. The Agenda: —Are solo podcasters sociopaths? —Proposals for changes on the Israeli Supreme Court —Absolute immunity for presidents —The role of the executive vesting clause —Reviewing Idaho’s abortion ban —Time, place, and manner restrictions on college campuses —Answering questions and issuing corrections Show Notes: —Previous AO episode —South Dakota v. Dole —NFIB v. Sebelius —Dr. Martin Luther King on “civil disobedience” —Columbia University banned student protester over saying “Zionists don’t deserve to live” Learn more about your ad choices. Visit megaphone.fm/adchoices

The Supreme Court this week heard oral arguments for Donald Trump’s immunity case, and David has thoughts. However, he was too sick to join today so Sarah had to go solo (Ruminant style!), recapping the legal and political implications of the case, assessing the strength of the arguments and their significance for the future of our political system, and trying to imagine where we go from here in this bizarre election cycle. The Agenda: —Good and bad news for Trump —What presidential acts are immune? —Impeachment and conviction —Going through the specific charges —Can Trump stage a coup? —ANSWER THE HYPOTHETICALS! —Defining official acts —The effect on Trump’s other cases —The effect on SCOTUS as an institution Show Notes: —Bonus Collision newsletter Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David discuss oral arguments in Grants Pass v. Johnson, a Supreme Court case addressing the issue of homeless people camping on public property, as well as and the 4th Circuit ruling that blocked West Virginia's law blocking transgender athletes from participating in sports. The Agenda: —SCOTUS hears Grants Pass v. Johnson —Necessity defense and cannibalism —4th Circuit ruling on trans sports ban in West Virginia —SCOTUS rules on Title VII case —Biden expands Title IX ruling —Campus due process and Columbia protesters Show Notes: —Casey Mattox on local governments stopping churches from helping the homeless Learn more about your ad choices. Visit megaphone.fm/adchoices

There’s not much worth discussing yet in Donald Trump’s criminal trial in New York, so Sarah and David focus on the Supreme Court and a case on Idaho’s law restricting gender-transition treatment for minors. Plus: Murmurs about Clarence Thomas’ brief absence. The Agenda: —Election law crimes, tax crimes, and falsification of business records —Challenges of broad injunctions —Idaho’s Vulnerable Child Protection Act —SCOTUS exhausted with emergency docket applications —Justices call to retire universal injunctions —January 6 arguments before SCOTUS —SCOTUS declines to intervene in a police lawsuit against a Black Lives Matter activist —Obstructions in official proceedings —Legal issues in the Iran-Israel conflict Show Notes: —Labrador v. Poe —Counterman v. Colorado —18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant Learn more about your ad choices. Visit megaphone.fm/adchoices

Co-authors Jack Goldsmith and Bob Bauer join the podcast to discuss their book, After Trump: Reconstructing the Presidency, and the need to reform presidential power. But first, a protest and a dinner party at a Berkeley Law School dean's house. Did the location qualify as a public forum? Sarah and David evaluate. The Agenda: —Dean of Berkeley Law School and a Palestinian Protest: 1A protection? —How to go about civil disobedience —Reforming the Insurrection Act —The need for bipartisan support in reforming presidential powers —Did Donald Trump abuse the pardon power as president? —Special counsels and the fear of rigging prosecutions Show Notes: —The Logan Act —The American Law Institute —David's Sunday column Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David explain the jury questionnaire in Alvin Bragg’s case against Donald Trump before getting into the weeds of the origins of originalism. The Agenda: —How to select a jury for Trump —Celebrity trial jury instructions —Biden swings again at student loan forgiveness —Did the Warren court birth originalism? —Originalism vs. platonic idealism —More questions from a high schooler —How do judicial ethics actually work? —The myth of the 6-3 court —The most important SCOTUS decisions Learn more about your ad choices. Visit megaphone.fm/adchoices

Things get heated in Trump’s classified documents case. In a court filing this week in Donald Trump’s classified documents case, special counsel Jack Smith challenged Judge Aileen Cannon by vowing to appeal any decision that included the Presidential Record Act in jury instructions. David and Sarah discuss Smith's public move and what it means for the case. The Agenda: —Sarah's recaps her defamation law musical experience —Justice Sotomayor's age raises questions about the right time for Justices to retire —Is Trump's defense counsel actually good? —Jack Smith's frustration with Judge Aileen Cannon —Answering questions from high school students —Yes, we're still discussing work-life balance Show Notes: —Presidential Records Act —New York Times Company v. Sullivan Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David dive into two op-eds challenging the Federalist Society and the call for lawyers to uphold the tradition of liberty under law. The Agenda: —Mayfield v. Butler, retaliation, and political targeting —Risks and challenges facing the Federalist Society —Did Trump-era advances in jurisprudence come at a deep civic cost? —The Thomas’ article on the judicial filibuster —Will Peter Navarro’s attempts to evade jail time succeed? (Spoiler: No) —Sarah and David answer work-life balance questions Show Notes: —Villareal v. City of Laredo —Gonzalez v. Trevino —Justice Breyer's bookshelf —Advisory Opinions podcast on Federal Judges visiting Israel Learn more about your ad choices. Visit megaphone.fm/adchoices

Federal Judges Roy Altman, Lee Rudofsky, and Amul Thapar join Sarah and David to discuss their recent trip to Israel along with 11 other federal judges that focused on the question of the day: Is Israel complying with international law as it pursues its war against Hamas in Gaza? The Agenda: —The purpose of the judges’ trip —Walking through the locations of the October 7 attack —Gruesome tactics by Hamas —Military authority in Israel —Israel’s legitimacy as a nation-state —Debunking the “Israelis as colonists” narrative —David’s JAG experience —Double standards and antisemitism —The Jewish idea of gratitude This conversation includes discussion of graphic content related to the October 7 attacks in Israel. Listener discretion is advised. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David discuss the legal arguments and media spin around the Mifepristone abortion pill case. The Agenda: —Mifepristone at the Supreme Court —SCOTUS and the 5th Circuit —Arresting a 72-year-old woman —The "Burning Man" festival of Alaska —Red brief, green brief, orange brief too —The stigma of the green bubbles and the DOJ's antitrust case against Apple Show Notes: —Oral argument transcript, FDA v. Alliance Hippocratic Medicine —Federal Judge Roy J. Altman speaks on his recent trip to Israel —Sarah v. Kara on Bill Maher Learn more about your ad choices. Visit megaphone.fm/adchoices

In this double-guest special, David Lat shares his original reporting on the exodus of Judge Aileen Cannon’s clerks and its implications for Trump's classified documents case. Judge David Proctor of the Northern District of Alabama then joins to explain the history and function of the federal judiciary and its committees, including the Judicial Conference. The Agenda: —Do younger clerks just not understand hard work? —Judge Cannon’s declining reputation —Delays in Trump’s documents case —How the federal judiciary came to be —Rule-making process for the Federal Rules of Civil Procedure —Multi-district litigation and its criticisms Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David dive into the battle (one that at times stumps our resident SCOTUS wonks) between the 5th Circuit and the Supreme Court on Texas’ deportation legislation. The Agenda: —Texas’ SB4, explained —Important legal glossary —The issue with administrative stays —Why the delay at the Fifth Circuit? —Opinion in chambers from Justice Roberts —FBI No-Fly List Case —First Amendment and Government Coercion —NRA free speech battle —Listener feedback Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David discuss Justice Amy Coney Barrett’s opinion in Lindke v. Freed—released last week by the Supreme Court—and the test for state action on social media. Is there a constitutional right to commenting on state officials’ accounts? The Agenda: -Predicting SCOTUS votes for Net Choice -Slime in the ice machine -Justice Elena Kagan’s compelling reasoning for saying “and” means “or” -Terrorism distortion and special needs exceptions to the Fourth Amendment -The 5th U.S. Circuit Court of Appeals is overwhelmed -An emergency petition on the Texas A&M drag show case -Don’t say 'Don’t Say Gay' when referring to this lawsuit -Justice Stephen Breyer and choosing pragmatism and not textualism Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David react to the Robert Hur’s congressional testimony, but first Sarah responds to a recent article that claimed she was assisting Hur in his testimony (and thanks the loyal listeners who came to her defense). The Agenda: —David’s thoughts on the Hur hearings —Lessons in media training —Differences between the Trump and Biden documents cases —Partisanship making people awful —Complaint by Jewish students at MIT —Blood libel at MIT —Free speech or no speech on campus? —Positive racial discrimination? —The end of judge shopping Show Notes: —President Reagan, Mastermind - SNL —UC Berkeley Jewish students successfully march without confrontation Learn more about your ad choices. Visit megaphone.fm/adchoices

Despite a slow start to the week in legal news, Sarah and David have a tightly packed episode today starting with a dissent from denial from Justice Thomas on bias response teams at a Virginia university. The Agenda: —Bias response teams —ACLU vs. NLRB —Florida's Stop Woke Act naw-dogged by Eleventh Circuit —Texas' law on minor access to explicit content at the Fifth Circuit —TikTok: Welcome to the culture war —Kevin Newsom's speech on text, history, and tradition —Be careful with tradition —Understanding standing doctrine —The Oscars and a good legal movie Show Notes: —Federalist Society 2024 National Student Symposium —The Volokh Conspiracy —Luis Parrales: The Oscars in an Age of Distraction —MIT legal complaint Learn more about your ad choices. Visit megaphone.fm/adchoices

David takes the first ten minutes to respond to Twitter trolls over his latest New York Times article before he and Sarah revisit their arguments over the Supreme Court’s per curium ruling on the Trump-Colorado case. The Agenda: —Defending the Supreme Court —Erasing the Constitution —Confusion over the Trump ruling —Consequentialism vs. originalism —Judicial restraint and originalism —Erasing Chevron —SCOTUS hears bump stock case —Explaining the string cheese factors Show Notes: -Kevin Williamson: Slate Publishes Gun-Control Fiction -Advisory Opinions Episode with Professor Amanda Tyler Learn more about your ad choices. Visit megaphone.fm/adchoices

The Supreme Court issued an unanimous decision on Monday dismissing efforts to block Trump from the Colorado ballot. Sarah and David review the ruling and then go on to disagree about pretty much everything. Stay tuned for a feisty debate. The Agenda: -Colorado cannot remove Donald Trump from its ballot -SCOTUS not touching the "Did Donald Trump engage in insurrection or aiding the enemies of the United States?" question -Also not touching, "Is Trump an officer?" -5-4 ruling on who can enforce Section 3 of the 14th Amendment Show Notes: -Electoral Count Reform Act -Section 3 of the 14th Amendment -Colorado Supreme Court's Majority Opinion -Maine Secretary of State's original decision on removing Trump Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David have some legal catch-up to do but first on the docket is some rank punditry on Donald Trump's endless legal saga. The Agenda: —Why is there a delay on Trump’s cases? —David explains NetChoice v. Paxton —McElrath v. Georgia update —No Labels considers Nikki Haley —Dr. Phil’s our guy —Home Depot and free speech —NCAA name, image, likeness rules —AO dating app update Today's episode is supported by Burford Capital. Follow the link to learn more: http://burfordcapital.com/ao Learn more about your ad choices. Visit megaphone.fm/adchoices

Former U.S. Assistant Attorneys General Stephen Boyd and Jody Hunt, as well as U.S. Attorney for the Northern District of Alabama Prim Escalona join Sarah Isgur for a live recording of Advisory Opinions at the University of Alabama. The Agenda: —An update on the Alabama IVF ruling —To go to law school or not to go? —Private practice vs public service —Relationship and mom advice in high-stressed jobs —Audience QA Show Notes: —Chevron Deference discussed on Advisory Opinions. Today's episode is supported by Burford Capital. Follow the link to learn more: http://burfordcapital.com/ao Learn more about your ad choices. Visit megaphone.fm/adchoices

Judges Jennifer Elrod and Charles Eskridge join Sarah and David to explain the “inns” and outs of a special networking group for attorneys. The Agenda: —SCOTUS declines to hear TJ High School case[should we spell out?] —Harvard, antisemitic cartoons, and free speech —Biden’s authority to shut the border —The Inn of Court explained —Taylor Swift-themed parodies —Sarah sings for a second Show Notes: -Contact [email protected] for more information on the Houston showing Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David dive into an Alabama Supreme Court case designating embryos as minors and explain how this might affect abortion policy at large. The Agenda: —Has Alabama banned in vitro fertilization (IVF)? —Sarah’s experience with IVF —The post-Roe world —Climate scientist wins $1 million defamation case —Fani Willis and Nathan Wade take the stand —Donald Trump’s corporate death penalty —AO advice column: marrying a lawyer Show Notes: —David Lat's Original Jurisdiction Today's episode is supported by Burford Capital. Follow the link to learn more: http://burfordcapital.com/ao Learn more about your ad choices. Visit megaphone.fm/adchoices

Do people have a right to gun ownership even if it conflicts the “spirit of Aloha”? Sarah and David dig into a 53-page opinion from the Supreme Court of Hawaii that teeters on the edge of defiance. The Agenda: —Clarifying public accommodation and the anti-Zionist bookstore —Carrying a gun without a permit v. the Second Amendment —The Law of the Splintered Paddle —Bruen makes an appearance —Trump's briefs (to the Supreme Court) Show Notes: Today's episode is supported by Burford Capital. Follow the link to learn more: http://burfordcapital.com/ao Learn more about your ad choices. Visit megaphone.fm/adchoices

Memory issues, ghost writers, and presidential prosecutions. Media outlets are cherry picking bits and pieces from the Hur Report on Biden’s handling of classified documents, but Sarah and David spend a full episode analyzing its legal standards and implications. The Agenda: —Disclosing biases —Standards of evidence —Biden’s too old —Can we get the full recordings? —No security clearance for the ghost writer —Partisan brains reading the report —“No Zionists Allowed” in a bookstore Show Notes: —The Hur report Today's episode is supported by Burford Capital. Follow the link to learn more: http://burfordcapital.com/ao Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David cover the oral argument at the Supreme Court regarding the Colorado Supreme Court’s decision to block Trump from the ballot in the state. The Agenda: —David’s unpleasant déjà vu —All the ways Colorado will lose —The textualist approach —What process is due? —Non-Mutual Collateral Estoppel —David responds to Justice Kagan —Griffin’s case —U.S. Term Limits, Inc. v. Thornton —The advocates Learn more about your ad choices. Visit megaphone.fm/adchoices

The D.C. Circuit Court of Appeals has unanimously decided that Donald Trump is not immune from prosecution. On today's emergency pod, Sarah and David react to the decision's substance and how the timing affects the election. The Agenda: —Timing is everything —Word of the day: estoppel —Will SCOTUS take the case? —The opinion’s flaws —Whatis a president immune from? —What is an official act? —The parade of horribles argument —Why the Colorado disqualification case is relevant —The New Yorker: Sarah Isgur's Majority Report Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David invite District Judge Vince Chhabria on the pod to explain the state of multidistrict litigation and answer the question: Why does he listen to Advisory Opinions? The Agenda: —Justice Breyer’s jurisprudence —Judging vs. personal value judgments —David’s cringe a cappella group name —Constitutionality of magistrate judges —How to fix forum shopping —MDLs, explained —The pros and cons of MDLs —How to become a judge —Judge Chhabria’s clerk hiring process Learn more about your ad choices. Visit megaphone.fm/adchoices

Judge John K. Bush of the Sixth Circuit Court of Appeals joins Sarah to discuss the method and merits of the "history and tradition test." But first, Sarah and David dive into some Supreme Court gossip. The Agenda: —Addressing Justice Sotomayor's comments —David's gross speculation —More immigration talk —The problem with Remain in Mexico —Why we have hate crimes —Tiers of scrutiny —The problems with "history and tradition" —How to become a clerk for Judge Bush —How Judge Bush judges judging Show Notes: —Judge Bush's profile at the Federalist Society —Turner v. United States —R.A.V. v. City of St. Paul Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David dive deep into the state of immigration law and Texas Gov. Greg Abbott's legal battle with the Biden administration. The Agenda: —Amicus briefs for funsies —The asylum system problem —How to fix the crisis at the border —The border deal in the Senate —Civil War cosplay —National Guard and Texit detour —Football vs. politics redux Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David discuss ~vibes~ from a recent emergency docket ruling on razor wires along the Texas border plus Judge Newsom's latest concurrence on discrimination and religious advertisements. The Agenda: -Judge Kyle Duncan ruling and a SCOTUS reversal -Judge Kevin Newsom and religious advertisements -Raising highways in Texas -No Labels sending a letter to the DOJ -Fifth circuit divided in free speech case -Honoring former Solicitor General, law professor Charles Fried -Is it okay to cry at work? Show Notes: -Anti-Trump Lawsuits Are 'Greatly Mistaken': An Interview With David Boies Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David brave the tundras of the Vanderbilt campus to discuss left-leaning bias in pro-bono cases before diving into the details of Fulton County DA Fani Willis’ possibly salacious hires. The Agenda: -Left-leaning bias academic study -Trouble in paradise for Fani Willis -Top 10 tips from an Indiana Law Clerk -Defining “colorable” and “to cabin” -Alec Baldwin and new standards for Hollywood sets -Chevron listener question -Live Q&A Show Notes: -Pierson v. Post Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David appease a couple listeners’ requests before getting to the Loper Bright Enterprises v. Raimondo oral argument. The Agenda: —Words of the day: certiorari and conversion —Epic Games, Inc. v. Apple Inc. —Supreme Court humor —Congress (and the courts) do your job —Texas’ READER Act blocked by Fifth Circuit —Responding to listeners’ comments Show Notes: —Kisor v. Wilkie —Pierson v. Post Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David discuss a cert grant relating to homelessness in San Francisco and Massachusetts’s Eighth Amendment. But first, Sarah announces her pending litigation against Fairfax County. The Agenda: —Robinson v. California —The different types of justice —A no-fly list dispute —The law of war: Houthis —How do we beat pirates? —Anti-straight discrimination —DeSantis v. Warren Show Notes: —Niz-Chavez v. Garland, Attorney General —Smith v. Arizona —Sheetz v. County of El Dorado —Briahna Joy Gray's "nonviolent" tweet —Ames v. Ohio Dep’t of Youth Servs Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David address a few corrections from Tuesday’s episode before turning to the oral argument on Trump’s prosecutorial immunity. On the Agenda: —Can presidents order Seal Team Six to assassinate rivals? —Who is going to win this case? —Did we just fix qualified immunity? (No.) —Political advertising at the Ninth Circuit —Should I go to law school? Pt. 97 Show notes: —Marbury v. Madison —Mississippi v. Johnson Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David attend to AO housekeeping before diving into some creative 20th Amendment theories. Plus: —The distinction between law violation and norm violation; —Trump’s prosecutorial immunity and legal yay's; —The role of Congress in determining eligibility for office; —A prosecutor working for both sides of the bench; —Judge Ho concurs in an employment discrimination case; —More employment discrimination out of the 11th Circuit; and —The misguided war on the SAT. Show notes: - Lake Beach Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah are back from a hearty break and catch up on cases from last year and various legal topics, including judicial salaries and the death of Justice Sandra Day O’Connor. Stay tuned for: —David and Sarah’s low confidence in the outcome of the Jarkesy case; —No love lost for the Sacklers; —A good attempt at avoiding the income tax; —Maine skipping due process; and —A lawsuit that could eviscerate the realtor business. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah joins David Lat's Original Jurisdiction to review 2023's best (and worst) legal cases and lawyers and make some hopeful (and less hopeful) predictions about the coming year. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this emergency pod, Sarah and David discuss the Colorado Supreme Court’s decision to disqualify Donald Trump from the state’s primary and general election ballots. They take listeners through: —How they speed read court opinions; —The self-execution of Section 3 of the 14th Amendment; —The concept of non-justiciability (and how to pronounce it); —Problems with congressional drafting; —Debating incitement; and —What will SCOTUS do? Show Notes: -Prof. Will Baude on Section 3, Insurrection, and Trump -Coup de Target -Incitement of Insurrection Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David respond to listener comments about last week’s Texas abortion case. Then the two discuss: -Why to bet on the side of Jack Smith’s delay -The “president shoots a postal worker” hypothetical -Sarah plays detective on the second biggest SCOTUS leak -SCOTUS appointments and holding onto power -A right to compete but not to win? -Please clean your washing machines Show Notes: -Why We Fight So Ferociously Over the Supreme Court Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David give listeners another action-filled pod, starting with a controversial abortion case in Texas before breaking down special counsel Jack Smith’s petition to the Supreme Court. Plus: —Why justices aren’t doctors —Texas’ abortion law is not working —What does being pro-life mean? —An extremely rare move by Jack Smith —David’s (informed) rank speculation —Is conversion therapy covered by the First Amendment? —The number one movie of all time: Glory (1989) —David discusses Nancy’s announcement Learn more about your ad choices. Visit megaphone.fm/adchoices

It's a marathon episode as Sarah and David try to figure out: -Will WilmerHale charge the university presidents for their testimony prep? -Is the ACLU making a comeback in NRA v. Vullo? -What’s up with Trump's gag order? -How to correct a chief justice Show Notes: -Students Call for Genocide, Presidents Smirk- -NYT: One Law Firm Prepared Both Penn and Harvard for Hearing on Antisemitism -SEC v Jarkesy Learn more about your ad choices. Visit megaphone.fm/adchoices

The university presidents of Harvard, MIT, and Penn testified before Congress on antisemitism in their schools. It didn’t go well. Sarah and David talk Title VI implications, and: -David feels gaslit -The parents of a young Kansas City Chiefs fan threaten to sue Deadspin for libel -Acheson and why mootness is easy and standing is hard -Happy holiday housekeeping Show Notes -Harvard ranked last in free speech -U.S. Department of Education Reminds Schools of Their Legal Obligation to Address Discrimination, Including Harassment -Department of Education’s newest ‘Dear Colleague’ letter relies on unconstitutional standards, but offers some promise Learn more about your ad choices. Visit megaphone.fm/adchoices

Judge Kevin Newsom of the 11th Circuit Court of Appeals joins Sarah and David to reminisce on past times and talk nerdy topics. Let Judge Newsom explain his concurring opinions and: -Lunches spent reading Supreme Court oral arguments -Humblebrags -Hiring (life-saving) clerks -Why he’s a skeptic of standing -Jurisdiction stripping -Why Judge Newsom can’t be a podcast host -Over aggressive judging and why it’s bad for democracy -What makes good writing -Adjudicating Alabama Show Notes: -TransUnion LLC v. Ramirez --David French's column on the Insurrection Act -Judge Newsom's favorite writing tool -Judge Newsom's opinions Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s episode, David and Sarah break down the most interesting Supreme Court argument of this term and what it means for the future of double jeopardy law. But first, they have to shout out the dating site that is the AO comment section. Also on the docket: -Mistrials vs. double jeopardy -Federal rights and state interpretations -The coolest word you've never used -David calls for thoughtful comments -How to lose with valor at SCOTUS -Fifth circuit on the brain -A second bite of the Rahimi apple -Revealing AO's next long-awaited guest Show notes: -SNL: Weights and Measures with Nate Bargatze -McElrath v. Georgia -Blockburger v. United States -Fifth Circuit and Rahimi Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David return from their Thanksgiving feasts to serve up a very nerdy episode on fed court law. Enjoy: -David giving a lowdown of the Voting Rights Act -Hacking minority districts -Laws created by court precedents versus laws created by statutes -Any standing experts out there? -Undoing the Warren Court -Section Two Rights vindicated in civil court -Reporters: Don’t go to activists for legal analysis -Elon versus Media Matters -Match maker Sarah, make me a match Show Notes: -Eight Circuit two to one opinion -Section Two of the Voting Rights Act -Elon v Media Matters -Video: Hostage reunites with family Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David have a big ol' pod today, wherein they discuss a First Amendment case involving risqué drag shows at a burger joint, hunter harassment laws, and challenges to Donald Trump's ballot access. Spoiler: Sarah was right. Also: -Masked protesters and Anti-Klan laws -Bad facts make bad laws -Lawyers and Non-germaine activities -David's window-dressing ignorance -Boudreaux's Butt Paste -Trump's ballot access in Colorado -Guys: you gotta get married. Show notes: -Hamburger Mary's at SCOTUS -Hunter Harassment laws challenge -Compulsory bar membership -Trump's ballot access challenge in Colorado -The Meaning and Ambiguity of Section Three of the Fourteenth Amendment -Ilya Somin in Reason Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David respond to comments on Bari Weiss’ Federalist Society speech. The two then turn to the latest Supreme Court news, including: -A new ethics code -Condescension of the unelected -Trump Too Small oral argument -David’s thoughts on CLS v. Martinez Learn more about your ad choices. Visit megaphone.fm/adchoices

Bari Weiss recently gave the Barbara K. Olson Memorial lecture at the Federalist Society, in which she detailed the horrific aftermath of Hamas’ October 7 attack against Israel, the ensuing “battle of ideas,” and the left’s morally perverse showing therein. Given the subject matter, we decided to devote today’s episode of Advisory Opinions to reairing her speech. her speech. Show Notes -Full speech Learn more about your ad choices. Visit megaphone.fm/adchoices

Two gun cases that aren’t gun cases take over today’s episode as Sarah and David analyze two cert grants from the Supreme Court. Sarah also breaks down new reporting on clerk hiring in the judicial world. Stay tuned for: -nerd prom -Campus culture around Israel and Palestine (PS Sarah’s DMs are open) -Sarah’s bump stocks hobby horse -The perfect case of why everything is wrong with the political system -State actors having strong feelings about gun control -Having conversations about word choice and tone -HasTheSupremeCourtFixedQualifiedImmunityDoctrineYet.com -Banning books never goes out of style -Rahimi oral argument not looking good -Solicitor General Elizabeth Prelogger as SGBot9000 Show Notes: -Matthew Wright's podcast interview Learn more about your ad choices. Visit megaphone.fm/adchoices