
Advisory Opinions
681 episodes — Page 7 of 14
Getting Blocked on Social Media
The Supreme Court deliberates whether state actors should be allowed to block private users on social media and Sarah and David have thoughts. Plus: -The first amendment rights of government employees -Clarence Thomas has a question -Trump's new attorneys (guess who's not in the running) -The CCP is already here -Worst Halloween candy? Show Notes: -Garnier v. O'Connor Learn more about your ad choices. Visit megaphone.fm/adchoices
Due Processes vs. Defamation
The Connecticut Supreme Court weighed in on a suit stemming from a sexual assault hearing at Yale University that raised tensions between due process protections for accused students and victim blaming. Sarah and David analyze the political background of related cases. Plus: -States vs. Meta -David breaks down the law of armed conflict and the Gaza invasion -“Well-regulated” and its force and effect on the second amendment -It's oral argument season at SCOTUS Show Notes: -Khan v. Yale University Learn more about your ad choices. Visit megaphone.fm/adchoices
Mailbag: Majority Rule and Philosophy Majors
Sarah and David take a break from the news to answer listeners' questions: How should fans approach the hosts in public? Does intent matter in constitutional law? Would making it easier to amend the Constitution fix everything? Also: -Policy solutions vs. social solutions -The issue with JD/MBAs -The First Amendment and the Israel-Hamas war -Ethics among lawyers -Congressional review of judicial review -Exclusionary rules -Legal career changes -Dworkinism -Get a lawyer -Civil asset forfeiture -Most accurate legal procedural Show notes: -McKay Coppins interview -AO episode with David's plumbing experience -AO episode on progressive legal philosophy Learn more about your ad choices. Visit megaphone.fm/adchoices
Biden's Coercive Social Media Tactics
Sidney Powell may be the best lawyer ever, SCOTUS might finally have a tech term, and David’s humble brag didn’t get past anyone. Sarah and David fly through a mix bag of legal topics including: -Presidents coercing social media platforms -Plea deals from fraudsters -“Cheese-bro” -David brings up trans issues -Sarah brings up feminism -Law firms dealing with “unlawful” affirmative action practices and fellowships -A gun case -ANOTHER gun case (but with ghosts, kind of) -Employment division triggers David -And...pot-smoking generations Show Notes -Bong Hits 4 Jesus Learn more about your ad choices. Visit megaphone.fm/adchoices
High Feminism and Lessons from Battlestar Galactica
Live from the University of Virginia and before a strangely happy group of law students, Sarah and David cover a range of topics from a convicted rapper who blames AI, disruptions at the Supreme Court, the Fifth Circuit becoming the new Ninth Circuit, and ethics with Amy (Justice Barrett). The hosts then take a series of questions from UVA students. God blesses this podcast. -Does Sarah know her husband's phone number? -AI briefs and ineffective counsel -SC justices interrupting female attorneys -Justice Barrett's opinion on SC ethics -Relationships on the court -Fifth Circuit is the new Ninth -Empirical SCOTUS -If the SC adopts a code of ethics, what should it be? -Consequentialism, institutionalism, and other ism's -What SC topics will motivate voters going forward? -Why is the court not interested in nationwide injunctions? Show notes: -Josh Gerstein reporting on Fugees' trial -Fugees Trial Motion -Cert grant for Chevron doctrine -Supreme Court justices interrupt female attorneys more often than men -Justice Barrett on ethics -NetChoice, LLC v. Paxton -CFPB v. Community Financial Services Association of America, Limited -SEC v. Jarkesy -Campos-Chaves v Garland -West Point Affirmative Action lawsuit -City of Philidelphia v. Fulton Learn more about your ad choices. Visit megaphone.fm/adchoices
Not the Trump Apologist Podcast
What do the 6th, 9th, and 11th circuit all have in common? Well, they're all part of this episode's circuit palooza! But don't fret, there's also: -One city manager's revenge -a gag order for a former president -David makes Sarah regret asking the difference between a clip and a magazine -California’s magazine ban has no likelihood of success -There’s levels of scrutiny to this -Sarah’s judicial writing crushes -a listener's question! Learn more about your ad choices. Visit megaphone.fm/adchoices
Cancel Culture and the Anti-Semitism Rot in Universities
Sarah and David return to their regularly scheduled Supreme Court programming, specifically to a racial gerrymandering case out of South Carolina (Sarah has copious notes). The two also have a lot to say about the insanity coming out of elite law schools. But first David revisits law of war to explain the international rules of siege warfare. Then: -Supreme Court justices speaking statistics -Non-justiciable gerrymandering -Bonkers law student statements -Some cancel culture clarity -Ideological hot houses at elite institutions -Harmonizing grace and morality Show notes: -Term statistics (2023) -South Carolina gerrymandering case -Rucho v. Common Cause -Allen v. Milligan -John Oliver talks Franklin, TN mayoral race -Chicago BLM chapter comments on Israel-Hamas war -Harvard students comment on Israel-Hamas war -David French: Difference between Kaepernick and Barr -GWU students comment on Israel-Hamas war Learn more about your ad choices. Visit megaphone.fm/adchoices
Law of War
Israel declares war on Hamas after the terrorist organization murders hundreds of civilians. But now, with Israel already carrying out attacks in Gaza, things are about to get litigious. David French analyses the meanings and implications of the Law of War and debates Sarah Isgur whether International Law is even a thing. Plus if you want to hear David explain the moral dimension of war law, join The Skiff for a short impromptu follow up discussion. -Military tribunals -Ukraine/Russia comparison -The complicated, interesting, and weird details of the Acheson Hotel case -Mootness versus standing doctrines in the CFBP case Show Notes: -Urban Warfare Project by John Spencer -Law of Land Warfare To get The Skiff on your personal podcast player: CLICK HERE to get your personal feed. How to subscribe to The Skiff: To follow The Skiff on Apple Podcasts, Google Podcasts, or wherever you catch your podcasts, please follow these instructions: -Choose which device you prefer to listen on (Mac, iOS, Android…). –Click here to get your personal feed. (Make sure you’re logged in as a Dispatch member!) -Select The Skiff. -Select your device and podcast player (Apple Podcasts, Spotify, Pocket Casts, etc.): this will let you subscribe to the feed for direct updates! Note: If your preferred podcast player asks you to subscribe by RSS feed you’ll need to copy and paste a URL link. To get that link, go back to the menu with all of the options to subscribe (the page with all of the player logos), scroll to the bottom, and copy the link you see there. Then, go back to your player and paste it in the field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Lisa, Sarah, and Sarah (and David)
Are you ready for this? Partners at Williams and Connolly Lisa Blatt and Sarah Harris share what it was like to argue before Justice Antonin Scalia, the pros and cons of careerism, the hunger for victory, the dangers of wearing cowboy boots in court, and why life is just a never-ending series of tradeoffs. Also: -Texas Sarah vs Tennessee Sarah -Justice Ginsburg's tip for arguing before the Supreme Court -Different forms of originalism -Miffy's (mifepristone) -Arguing with Justice Alito -Women in law -Poor David -Don't follow your passions Show notes: -Lisa Blatt's page at Williams and Connolly -Sarah Harris' page at Williams and Connolly Learn more about your ad choices. Visit megaphone.fm/adchoices
Prof. Will Baude on Section 3, Insurrection, and Trump
Prof. William Baude joins Sarah and David to explain why he thinks Trump's actions in 2020 might be constitutionally disqualified from running for president again. Show notes: -Prof. Michael McConnell, Responding About the Fourteenth Amendment, "Insurrection," and Trump -The Sweep and Force of Section Three -AO episode about the law article Learn more about your ad choices. Visit megaphone.fm/adchoices
Guess Who's Back? (It's Sarah, Sarah's Back)
Sarah's back from her first maternity leave ever to for a live recording at Georgetown University Law School. Together with host emeritus David French, they preview the 9 most dramatic cases coming before the Supreme Court this term. Also: tips for law students and a live Q&A (at least as long as our batteries work). Here we go:-Kavanaugh didn't flip his vote (surprising few) -We called it (on Alabama) -Welcome to the South Carolina case! -Rahimi: The one we've been waiting for -Hearth and home: down with redundancies and repetitions! -How to clarify 'Test, History, and Tradition' to make sure bad guy loses? -Standing and The Great Flipping -Chevron rises again? -The antiestablishmentarian conservative -SEC... yes. -Purdue Pharma bankruptcy: can bankruptcy courts do that? (No.) -Sympathetic plaintiffs versus federal taxes -The blocking-people-on-Twitter cases -Tips for law school graduates -Questions from the audience Show Notes: -District of Columbia v. Heller -Quick Facts on Felons in Possession of a Firearm (Section 922(g)) -Miles Law -Arlene’s Flowers Learn more about your ad choices. Visit megaphone.fm/adchoices
The Grievances Podcast
The David and David show closes out with a First Amendment send-off. They discuss: -A fifth circuit case involving racist accusations and the well-known Journal of Schenkerian Studies -Book People versus Texas Laws Written in Crayon -A student organization’s fight for drag queens on campus -Balancing freedom of speech and explicit content Show Notes: -Yascha Mounk for The Atlantic: Stop Firing the Innocent -Federal Circuit order suspending Judge Newman -David Lat's Original Jurisdiction news roundup Learn more about your ad choices. Visit megaphone.fm/adchoices
The Trouble with 'Text, History, and Tradition'
Hello, AO listeners! This episode is a little bit different. Your regular hosts, Sarah and David, are unavailable—Sarah on parental leave, David on the road—so I (David Lat) have conscripted my husband, lawyer and legal commentator Zachary Baron Shemtob, to serve as guest of a guest. Zach shares his (strong) opinions on two hot topics, the Trump gag order and AO listeners’ favorite subject, text/history/tradition. We also cover a noteworthy Sixth Circuit case about the retroactivity of the First Step Act and the big Google antitrust trial. We hope you enjoy this very special episode. Sarah and David will be back next week. Show notes: -Kevin and David French on Dispatch Live: Ask Me Anything -United States v. Carpenter (6th Cir. on retroactivity of First Step Act): -In Its First Monopoly Trial of Modern Internet Era, U.S. Sets Sights on Google: -The Google Trial Is Going to Rewrite Our Future: -David and Zach on Original Jurisdiction: -Cruel and Unusual: A Podcast on Punishment Learn more about your ad choices. Visit megaphone.fm/adchoices
Can Trump Be Gagged?
Prompted by Hunter Biden's indictment, David and David go through a slew of second amendment cases to try and figure out which kind of gun control is constitutional. The two also discuss: -An attempt to get a gag order on Trump -Friend of the pod smackdown Show Notes: -Special counsel asks for 'narrow' gag order for Trump in election interference case -Are Felon Gun Bans Constitutional? -French NYT Opinion Article: The Most Interesting Element In The Hunter Biden Indictment -Calabresi: President Trump Can Not Be Disqualified -Sweeping and Forcing the President into Section 3 -Professor Akhil Amar, On His Podcast, Responds to Attorney General Mukasey and the Tillman-Blackman Position Learn more about your ad choices. Visit megaphone.fm/adchoices
A Different Kind of Impeachment
The David and David show looks at Speaker McCarthy's call to open an impeachment inquiry against President Biden. They also break down a big win for the Fellowship of Christian Athletes in Ninth Circuit free speech case. And... -Trump cases update -New Mexico Gov v. the US Constitution Show Notes: -How Trump’s DOJ gave Biden a major assist on impeachment -OLC opinion on House vote for impeachment -Trump Seeks Recusal of Judge in Federal Elections Case -Trump demands recusal by Judge Chutkan -Judge Tells Trump to Use Secure Facility for Secret Evidence -Fellowship of Christian Athletes v. San Jose Unified School District Board -New Mexico’s governor seems to think it’s okay to ignore the Supreme Court Learn more about your ad choices. Visit megaphone.fm/adchoices
Did the Biden Admin Violate the First Amendment?
It's a grab bag show for David & David: Mark Meadows takes the L in Fulton County, the Fifth Circuit issues an injunction against the Biden administration, and Argentina is forced to make a $16 billion payout. Plus: Vanessa Oterro, founder of the Media Bias Chart, joins the show to drop some data on why you should definitely keep tuning in to Advisory Opinions. Show Notes: -Judge Jones' Ruling in Meadows C ase -Poem David French was referencing (probably) -Media Bias chart -Argentina's $16 billion payout Learn more about your ad choices. Visit megaphone.fm/adchoices
Courtroom Cams and Elon's Crusade
Exciting news from host-in-absentia Sarah Isgur. Partisan gerrymandering. Cameras in courts. David French and guest-host David Lat have so much to cover in so little time. Here we go: -New arrivals -Purdue Pharma update -Should the Trump trials be televised? (The Davids disagree) -Wisconsin's judicial elections mess -Alabama's ongoing redistricting wars and systemic racism -Elon Musk goes after the ADL Show notes: -2020 DOJ press release on Purdue Pharma and the Sackler Family -Just Security on Judge Jones's supplemental briefing order -Caplan v. Trump (Section 3 ruling) -Charlie Sykes on the Wisconsin Supreme Court drama -Singleton v. Allen (Alabama Voting Rights Act case) -David Firestone on Alabama Voting Rights Act case -Elon Musk blames ADL for lost revenue (NBC) -Musk blames Latham for San Francisco’s problems. Huh? (Reuters) -David French's NYT column on Texas age-verification law -AO episode featuring Ari Cohn on age-verification laws -Video version of this episode Learn more about your ad choices. Visit megaphone.fm/adchoices
Extraordinary Wits
After David Lat is publicly inducted into the AO family by undergoing a fan-based correction, he and David French run through an eclectic mic of legal topics, starting with an update on a heated chess lawsuit. Join the two as they discuss: -Chess settlesment -Mark Meadows’ risky testimony -Amy Coney Barrett’s not so news-worthy comments -Trump’s trial date conundrum -Hardball playing out at the North Carolina Supreme Court -Sackler family’s unpopular bankruptcy appeal via Purdue Pharma Show Notes: -Past AO episode on chess lawsuit Learn more about your ad choices. Visit megaphone.fm/adchoices
Throwing Trump Under the Bus?
The DnD show begins as David Lat returns to co-guest host in Sarah's absence. David and David discuss a strange First Amendment case out of the Fifth Circuit involving terrorism and COVID zombies, and: -Jan. 6 fake electors case -Non-delegation at the Sixth Circuit -Some drama with Big Law -Breaking News: Trump court date set Show notes: Georgia amicus brief opposing removal Bailey v. Iles (Fifth Circuit free-speech case) Allstates Refractory Contractors v. Su (Sixth Circuit nondelegation case) Chris Geidner on Allstates Jonathan Adler on stare decisis MoFo complaint Perkins Coie complaint Learn more about your ad choices. Visit megaphone.fm/adchoices
Consistent Standing Doctrines
Will there be a legal and cultural consensus on transgender affirming healthcare? Why don’t female deputies get a full weekend in Dallas County? And what will Sarah’s baby’s name be? Sarah and David explore these questions and a smorgasbord of legal topics in a end of summer circuit round-up, including: -Merit based and race neutral admissions process in Fairfax County -Law firms discriminating on basis of race -Fifth Circuit apocalypse case on mifepristone -Standing doctrine mess -9th circuit limiting transgender people’s participation in sports -11th circuit case on transgender medical care for minors Show Notes: -Flagship Podcast Merch -Sarah and David's Book Club episode -Snail Darter Learn more about your ad choices. Visit megaphone.fm/adchoices
Coup de Target
Can Donald Trump be disqualified from holding public office? Sarah and David host a friendly debate with Michael McConnell, a former circuit judge and current Stanford law professor, over whether Donald Trump “engaged in insurrection or rebellion” or not. Also: -Hunter Biden plea deal update -Removal jurisdiction Show notes- -Prof. Michael McConnell, Responding About the Fourteenth Amendment, "Insurrection," and Trump -The Sweep and Force of Section Three -David's NYT equivalent of a double bird -NYT: Inside the Hunter Biden Plea Deal Learn more about your ad choices. Visit megaphone.fm/adchoices
Frederick Douglass: The Original Originalist
Professor Bradley Rebeiro joins Sarah and David to examine Frederick Douglass and the political theories that influenced his thinking. But, before the interview, the two go through a docket of trending political topics, including: -DC’s picky protest arrests -A 96-year-old judge’s continued tenure -Hunter Biden: Deal or no deal? -Trump’s Georgia troubles, revisited (already) Show Notes: -Bradley Rebeiro, Frederick Douglass and the Original Originalists -Bradley Rebeiro's profile at BYU Learn more about your ad choices. Visit megaphone.fm/adchoices
Indictment Watch: Georgia on My Mind
A grand jury out of Fulton County, Georgia has brought RICO charges against Donald Trump and 18 co-defendants. Sarah and David explain the 98-page indictment, how it holds up to the others, and Trump's interesting defense strategy. Plus: -David issues a very important correction -Will Trump be able to pardon himself? -Georgia RICO vs. federal RICO -Will this case stay in Georgia? -What if Trump wasn't lying? Learn more about your ad choices. Visit megaphone.fm/adchoices
Unsatisfying Obscenity (Doctrines)
First Amendment attorney Ari Cohn joins Advisory Opinions to present the complexity of age restriction policies. But first, Sarah and David update listeners on a barrage of legal activity, including: -Section 3 of the 14th amendment and the GOP’s saving grace? -Kansas newspaper suing over police raid -Hunter Biden’s special counsel (and horrible parenting) -What can and cannot Trump say? Show Notes: -Conservative Case Emerges to Disqualify Trump for Role on Jan. 6 -The Sweep and Force of Section Three - Listen to the "obscene materials" segment on The Dispatch Podcast -Jonah's take on XXX content Learn more about your ad choices. Visit megaphone.fm/adchoices
Butterfly Knives and Felon Voting Rights
David and a particularly congested Sarah plan to forward this especially packed AO straight to the Supreme Court. Does the Eighth Amendment enshrine a felon's right to vote and do people really think Jews have horns? Plus: -Trump protective order battle -Ghost gun regulation -Southwest Airlines attends religious liberty training -Butterfly knives and commercial firearm sales -Ohio ballot initiative -College football names -What if Saturn was where our Moon is? Show notes- -David's NYT column: I Don’t See a ‘Rogue’ Supreme Court Learn more about your ad choices. Visit megaphone.fm/adchoices
A Digital Fourth Amendment
UC Berkeley law professor Orin Kerr joins David and Sarah to explain how Fourth Amendment jurisprudence applies to a digital age. Do you have an expectation of privacy online? Can terms of services null your right against unreasonable searches and seizures? But first Sarah generously offers David time to rant about certain legal takes surrounding Trump’s most recent indictment. Plus: -David’s (recent) paintball career -What is general public use? -Are pole cameras unconstitutional? Show notes- -Section 241 and the First Amendment in the Duke Law Journal -Professor Kerr’s profile at Berkeley Law -Professor Kerr's Twitter profile -Professor Kerr's writing for The Volokh Conspiracy Learn more about your ad choices. Visit megaphone.fm/adchoices
Indictment Watch: A Difficult Case Against Trump
Special counsel Jack Smith brings another round of charges against Donald Trump, this time concerning the former president's attempts to subvert the results of the 2020 election. How does this indictment compare with the previous two? Will prosecutors be able to prove Trump was knowingly lying about the election? Does the indictment change anything for Trump? And is the country ready for this trial? Plus: -Naming the co-conspirators -Weighing up the other indictments -Trump's campaign boost -An encouraging end note on our justice system Show Notes: -The Collision newsletter -David's column Learn more about your ad choices. Visit megaphone.fm/adchoices
The Alito Burn Book
Justice Samuel "Spicy" Alito returns to the pages of The Wall St. Journal with a flaming-hot interview and Sarah and David are here to unpack it. (And we all thought this is going to be a short pod!) Plus: -The rise of judicial voters -Why flying United is bad (according to Hugh Hewitt) -Who's paying for Trump's legal fees? Show Notes: -Alito's interview in the Wall Street Journal -Original Jurisdiction with David Lat Learn more about your ad choices. Visit megaphone.fm/adchoices
Indictment Watch: Trump's New Charges, Hunter Biden's Plea
Sarah Isgur and David French answer questions around the legal troubles of Donald Trump and Hunter Biden, including: -Drained swimming pools and deleted documents -How is Hunter Biden in good standing with the DC Bar? -David’s 10PM runs Show Notes: -"It's Seven Grandkids Mr. President" -Has the Supreme Court fixed qualified immunity doctrine yet? Learn more about your ad choices. Visit megaphone.fm/adchoices
Awful Qualified Immunity Cases
Three qualified immunity cases are thoroughly analyzed in a particularly depressing AO episode, but first David and Sarah talk through an injunction on asylum seekers some are calling “Trump-Lite”, plus: -Broken immigration systems -Say it with me folks, “Congress, do your job.” -Too much too soon too fast -Courts not complying with qualified immunity statutes -Does Congress have better things to show rather than Hunter Biden revenge porn? -Advice to prospecting law students -Small town gossip and country songs -Sarah’s victory lap around Hunter Biden plea deal -Be nice to the docketing clerks This episode is sponsored by FIRE. FIRE's mission is to safeguard and uphold the right of all Americans to freedom of speech. Be a part of the front line of a growing movement by joining the FIRE Update. Show Notes: -Update: AO still has the best listeners -Ilya Somin for Reason, "Supreme Court Rules Red" -David Lat's Original Jurisdiction Substack -One Billion Americans: The Case for Thinking Bigger Learn more about your ad choices. Visit megaphone.fm/adchoices
Did Alabama Defy the Supreme Court?
It is NOT the doldrums of this podcast. Sarah and David have prepared a sufficiently full pod starting with Trump's looming federal indictment. Also: -Alabama's creative response to SCOTUS -Did Alabama defy the ruling? -New study of college admissions: being rich might be helpful -Listener questions about the Two Bronze Doors -We'll see you in a few minutes... This episode is sponsored by FIRE. FIRE's mission is to safeguard and uphold the right of all Americans to freedom of speech. Be a part of the front line of a growing movement by joining the FIRE Update. Learn more about your ad choices. Visit megaphone.fm/adchoices
Two Bronze Doors
Sarah and David reach peak AO and fulfill their promise of delivering something stratospherically nerdy. Judge Charles Eskridge for the Southern District of Texas has written a 56-page history of the Supreme Court building... and specifically its 17-foot, 13-ton bronze doors. Judge Eskridge tells the story depicted on the door's eight panels and what it says about our history of ordered liberty. This episode is sponsored by FIRE. FIRE's mission is to safeguard and uphold the right of all Americans to freedom of speech. Be a part of the front line of a growing movement by joining the FIRE Update. Show Notes: -“We’ll Be Back” performed by Judge Eskridge and Judge Elrod -Judge Eskridge’s publications -Where Judge Eskridge’s Bronze Doors Paper will be published Learn more about your ad choices. Visit megaphone.fm/adchoices
Justice, Justice Thou Shalt Pursue
Amanda Tyler, the Shannon C. Turner Professor of Law at Berkeley, joins Sarah and David for post-SCOTUS term talk. They finally give Mallory v. Norfolk Southern Railway Co. some love, and also: -General jurisdiction and interstate commerce -Graphics in opinions -Habeas Corpus: Is Lincoln the good guy or the bad guy? -Justice Ruth Bader Ginsburg -Advisory Opinions spinoff? -Amanda Tyler's profile at Berkeley This episode is sponsored by FIRE. FIRE's mission is to safeguard and uphold the right of all Americans to freedom of speech. Be a part of the front line of a growing movement by joining the FIRE Update. Learn more about your ad choices. Visit megaphone.fm/adchoices
AO on K Street
Kannon Shanmugam rejoins Sarah and David for another SCOTUS opinion wrap-up and barbecue showdown for this live taping in front of a lucky audience of summer associates. The trio discuss the implications of SCOTUS cases versus the notoriety of them and: -Sarah and David’s SCOTUS beefs -Sarah’s impasse for longer arguments and more cases -Attire for oral arguments (don’t forget the lucky suspenders) -A review of Judge Jackson’s first term -Barbecue and burger debates -Summer Associate questions Show Notes: -Matt Levine for Bloomberg Opinion on Twitter/Musk saga Learn more about your ad choices. Visit megaphone.fm/adchoices
Billable Hours by the Millions
Sarah and David catch-up with non-SCOTUS cases starting with... -A multi-million dollar lawsuit involving Musk's Twitter deal -A bold move by a judge blocking state actors and social media workers meeting over protected speech -Tennessee’s latest push in the culture war with a ban on gender-affirming care -A bullied child, a MAGA hat, and the First Amendment Show Notes: -David French for The Dispatch on convincing versus coercion Learn more about your ad choices. Visit megaphone.fm/adchoices
Legal Eagles Travel Log: A Gettysburg Anniversary Special
In this special episode of Advisory Opinions, Sarah follows Judge Alan Norris, a Sixth Circuit judge, on a trip to Gettysburg, Pennsylvania. The Legal Eagles, a group of Judge Norris' colleagues and law clerks, accompany him on an annual trip to relive the bloodiest battle of the Civil War. Learn more about your ad choices. Visit megaphone.fm/adchoices
SCOTUS on Student Loan Forgiveness: Nope
For Advisory Opinions' purposes, the Supreme Court term is over. Sarah and David return to share their end-of-term thoughts and feelings, David's crankiness about the student loan forgiveness commentary, look to the next term and: -Student loan forgiveness is dead -D.O.E. v. Brown -Compelled speech in Colorado -NYT: I Teach at an Elite College. Here’s a Look Inside the Racial Gaming of Admissions Learn more about your ad choices. Visit megaphone.fm/adchoices
Harvard Loses Affirmative Action Case
In a contentious decision, the Supreme Court shuts down affirmative action in universities... or does it? How impactful, really, is the decision in Students for Fair Admissions v. Harvard? It's complicated. After weeks (months? Years?) of anxious anticipation, Sarah and David dig into this term's blockbuster decision: -Is this a big deal? -They justices can't agree about the universe of facts -Harvard's response -The arbitrariness of check boxes -A different kind of affirmative action -Justice Thomas' concurrence (and legacy) -Justice Sotomayor's dissent -...paved with good intentions. -Wonder Bread Alito Learn more about your ad choices. Visit megaphone.fm/adchoices
Nuking the Independent Legislature Doctrine
As the term rushes to an end, the Supreme Court wades eagerly into a mooted case in order to close the door on the "independent legislature doctrine." But does it matter? David and Sarah disagree. Also: -Nobody expects the Marbury v Madison citations -What counts as threats online? (Or: Is recklessness subjective?) -NYT v Sullivan holds strong -Supreme Court bingo: The Countdown -Supreme (court) ignorance -"You only defend justices Thomas and Alito because they're conservative." Nope. Show Notes: -Marquette Law School Poll -Moore v. Harper -Counterman v. Colorado Learn more about your ad choices. Visit megaphone.fm/adchoices
Alito's Preemptive Strike (Against ProPublica)
Sarah Isgur and Guest-host David French return from the Advisory Opinions live event for some Supreme Court bingo. Plus: -Opinion lightning round -Justice Alito's Op-Ed in the WSJ -Transgender care for minors at the District Courts Learn more about your ad choices. Visit megaphone.fm/adchoices
Did Hunter Biden Get A Sweetheart Deal...?
Did Hunter Biden receive a sweetheart deal from the DOJ? How are other people treated under similar circumstances? And what’s with DOJ’s timing? In this live recording among the young scholars at American Enterprise Institue, Sarah Isgur and David French ponder these questions and: -Donald Trump’s “with hunt” versus Biden investigations -Indictments as instruments of intimidation -David and Sarah’s favorite dessert -Mr. Smith Loses -David’s no opinion of Keetan -Interesting bankruptcy case -Fights over ice cream -Is Justice Gorsuch the greatest champion of Native American sovereignty among the Supreme Court? -Will Harvard lose? -Questions from Young Scholars Show Notes: -Advisory Opinion's live recording to be published on YouTube Wednesday (Subscribe today) -Hunter Biden reaches deal to plead guilty in tax, gun case -Madison Cawthorn Again Brought a Loaded Gun to the Airport, Officials Say -'Jersey Shore' star Mike 'The Situation' Sorrentino sentenced 8 months on tax evasion charges -Smith v United States -Polansky v Executive Health Resources -Indian Child Welfare Act Case Learn more about your ad choices. Visit megaphone.fm/adchoices
The People's Justice
Judge Amul Thapar joins Sarah to discuss his book: The People’s Justice: Clarence Thomas and the Stories That Define Him. While today's SCOTUS decisions won't be discussed (snoozers!), the two have a lot of ground to cover: -Odessa Pink perseverance, legal hardships, and keepsakes -Mary Jane Smoking Hippies -Is Trump The Most Popular Person in the World Ever? -AO in Dehli -Scalia v Thomas -Legal eagles liking each other? -Guac offs Learn more about your ad choices. Visit megaphone.fm/adchoices
Indictment Watch: The Cannon Conundrum
Should Judge Cannon recuse herself from the Trump case? What's the legal standard on willful retention of documents? Will the Finding Nemo Seagull defense serve Trump? What about gag orders? Sarah Isgur and David French keep you up to date on the trials and tribulations of Donald J. Trump. Learn more about your ad choices. Visit megaphone.fm/adchoices
Voting Rights in Alabama
Did Alabama violate the Voting Rights Act? How do you pronounce Gingles? And what are the tea leaf predictions for the Harvard discrimination case? Join Sarah and David to answer these questions and: -Who’s the lucky dog in the Jack Daniels case -Is Justice Gorsuch overcharging his friends on Venmo? -What happens when David puts on his woke hat? -Will there be an emergency pod coming up? -Who the hell is Mupp? Show Notes: -Allen v Milligen Learn more about your ad choices. Visit megaphone.fm/adchoices
Indictment Watch: Trump Charged in Classified Docs Probe
In an emergency pod, Sarah Isgur and David French review the indictment against Donald Trump which was unsealed on Friday: what is and isn't in the indictment, and how does this case compare with those of Hillary Clinton and Joe Biden. Show Notes: -Trump Classified Docs Indictment, Annotated Learn more about your ad choices. Visit megaphone.fm/adchoices
God, Guns, and Trump
After a brief trademark SCOTUS update, Guest Host David French and Perennial Guest David Lat break down the trickiness of vouchers for religious charter schools. Plus: -Text history and tradition versus strict scrutiny in 2nd Amendment cases -Top profits for law firm partners Show Notes: "Trump too small" Religious Charters in Oklahoma Some felons can possess firearms David Lat’s Substack Learn more about your ad choices. Visit megaphone.fm/adchoices
Lower Your Expectations
SCOTUS refuses to serve up the good stuff with the latest round of opinions released. Sarah and David discuss the chipping away of labor rights and subjective beliefs over violating the False Claims Act. Also on the docket: -Aliens upon us? -Whistleblowers in Sarah’s DMs -Are Diversity Statements illegal? -Angry cheerleader’s legacy -Hunter Biden’s messy 2nd amendment issue -Joe’s Hail Mary campaign throw, according to The Messenger Show Notes: -Virginia Tech speech police questioned by skeptical Fourth Circuit -Angry Cheerleader case -Advisory Opinions, Angry Cheerleader Gets A Supreme Court Win Learn more about your ad choices. Visit megaphone.fm/adchoices
Excessive Fines and Strange Bedfellows
With a 9-0 frown, the Supreme Court rejects the EPA's expansive definition of "wetlands." David and Sarah also discuss the growing Jackson-Gorsuch alliance, Ken Paxton's impeachment, and the art of due diligence via ChatGPT. Show notes- -Tyler v. Hennepen County -Sackett v. Environmental Protection Agency -Eleventh Circuit Prison Case -David Last Newsletter Original Jurisdiction -Raffi Melkonian Twitter -The Appellate Wanderer -Fifth Circuit First Amendment Case -Ken Paxton Articles of Impeachment -ChatGPT Case Filing Learn more about your ad choices. Visit megaphone.fm/adchoices
ISIS and Algorithms
Sarah and David react as SCOTUS weighs in on social media regulations. Sigh. Also: -Justice Jackson cutting to the chase -Patent Act and dad jokes -Reader Comments -Judicial side eye for banning platforms for speech -West Virginia and the abortion pill -Constitutional rights and admission standards -Happy Memorial Day weekend Learn more about your ad choices. Visit megaphone.fm/adchoices
Warhol Brings Down the House
-Ukraine, through the eyes of Mr. French -The Andy Warhol copyright skirmish -The Progressive Justice League turns on itself -Title 42 and civil liberties: The Gorsuch statement -The future of Justice Jackson -A Republic of Suffering Learn more about your ad choices. Visit megaphone.fm/adchoices