Advisory Opinions

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

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

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

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

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

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

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

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

-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

David Lat stands in for Host Emeritus once more to help Sarah catch up on the latest Supreme Court decisions. Too, they take a detour on penmanship. -Why the justices make us wait -On Puerto Rico's sovereign immunity and Kagan's stylistic quirk -Durham Report -Judge Newman, age, and lifetime tenure -New law school rankings just dropped Learn more about your ad choices. Visit megaphone.fm/adchoices

While host emeritus is off for a week on a mysterious mission, David Lat of Original Jurisdiction rejoins Sarah to sift through the latest Supreme Court decisions. On the docket: -Gettysburg update -Attempting to answer when individual members of Congress can go to court -The unsatisfying end to Pork Producers -Buffalo Billion, New York, and federal wire fraud -Setting the table for Title 42 Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah returns from her tick-filled trip from Gettysburg to discuss the E. Jean Carroll civil lawsuit against Donald Trump. Also: -Santos detained -Sci-fi hot takes Show Notes: -David French NYT Column: A Guilty Ex-President -Subscribe to The Dispatch and watch an exclusive live Remnant with Jonah, Steve Hayes, and Chris Stirewalt -The Gettysburg Address Learn more about your ad choices. Visit megaphone.fm/adchoices

Damon Preston, public advocate for the commonwealth of Kentucky, joins Guest-Host David French to break down the Jordan Neely incident. While some New Yorkers view it as the result of growing violence in New York, others as mere vigilantism... but what are the legal elements? This special one-topic episode will try to make some sense of the available reporting. Show Notes: - Subscribe to The Dispatch and watch an exclusive live Remnant with Jonah, Steve Hayes, and Chris Stirewalt Learn more about your ad choices. Visit megaphone.fm/adchoices

The feud between the governor and the mouse has more nuance and legal curiosities than it might seem at first glance, and David and Sarah are here for it. But also: -Is the debt ceiling "unconstitutional"? -History and Tradition revisited (listen to this week's week earlier episode for the full discussion) -Trigger warning for one of the most gruesome 4th Amendment analysis taken up by the pod. Out of context: "These people could have been in drawers." Learn more about your ad choices. Visit megaphone.fm/adchoices

A case before the Supreme Court may bring the axe to the long zombified Chevron deference. Sarah and David also take a look at: -North Carolina’s flip-flops on gerrymandering delaying the inevitable -A 94-year-old’s legal fight against property seizure gets a hearing -Is the distinction between History and Tradition a bait and switch? -Supreme Court Ethics are in the news again... (yikes) -Q&A from 1L’s Show Notes: -In Ruling with Major Political Implications that Potentially Moots U.S. Supreme Court Decision in Moore v. Harper Independent State Legislature Case, North Carolina Supreme Court, on 5-2 Partisan Vote, Holds Partisan Gerrymandering Claims Cannot Be Brought Under State Constitution -What happens to Moore v. Harper after the latest North Carolina Supreme Court decision in the partisan gerrymandering case? Learn more about your ad choices. Visit megaphone.fm/adchoices

Is it unconstitutional to push religion in a state that favors religion generally? Two bills in Texas are igniting the debate over the establishment clause and religious coercion. Plus: -Brother Jesus! -The angriest bee in Scott Lincicome's bonnet also known as The Jones Act -E. Jean Carroll's rape case against Trump begins -Justice Gorsuch in the latest rounds of SCOTUS media hit pieces (edited) Show Notes: -Backstory on homeless lawyer's crusade against the 10 Commandments -Politico's hit piece on Gorsuch -Critiques of Gorsuch's piece -The Jones Act Is Unconstitutional -Texas bill on 10 Commandments Learn more about your ad choices. Visit megaphone.fm/adchoices

It’s a SCOTUS packed pod featuring an Alito dissent going into his ~feels~. Plus, AO is getting ready for the much-anticipated Tech Term(s), and Sarah needs David's reassurance that everything will be alright. On the docket: Dueling certs over state actors blocking users on social media Alito bring out the hot sauce for shadow dockets debate The tweet the triggered David Can prosecuting threats of violence chill free speech? Show Notes: -Josh Blackman's article for Reason magazine -Justice Clarence Thomas dissent in Elliott V. O'Mara Learn more about your ad choices. Visit megaphone.fm/adchoices

BREAKING! Sarah’s buckets have finally arrived at the Supreme Court. Also: Fox News agrees to pay and pay and pay... but won't tell you about it. Today's buckets: -You can’t leave our relationship -Bonus: Footage of New York and New Jersey debating the validity of their pact -Accommodation versus discrimination, undue burden versus substantial cost -Groff's gonna lose... probably (are religious freedom activists tired of winning?) -The AO buckets have arrived -DeSantis to eliminate unanimous jury sentencing for the death penalty -Fox News settles for $787 million in Dominion lawsuit -...how Fox covered the settlement -David has been through things Learn more about your ad choices. Visit megaphone.fm/adchoices

Justice Alito stays the Texas abortion pill ruling, leading to Sarah and David going full law nerds as they push back on bad reporting and evaluate the legal versus real world consequences. Also: -A snarky(?) Gorsuch -Sarah's favorite recent opinion -Updated takes on Alvin Bragg and Jim Jordan -*Sigh* Clarence Thomas -David’s insight into the Pentagon leaks Show Notes: -NYT Opinion Piece on ethics of SCOTUS Justices -National Constitution Center: Interpretation of Speech and Debate clause Learn more about your ad choices. Visit megaphone.fm/adchoices

Manhattan DA Alvin Bragg’s latest PR stunt is a fight against Jim Jordan and Republican grandstanding. Sarah and David tear through the 50-page lawsuit before getting to a special guest interview with Andrew Brasher, former Solicitor General of Alabama. Show Notes: -Bragg goes after Jordan: merit + lots of nonsense -The cruel unfairness of debating someone who's good at debating, see: Isgur v Goldberg on Nazis marching in Skokie -A sidebar on actually listening to opinions different than yours -Judge Brasher on SGs and career paths. -The clerk application process isn't great -Wordle and CIA-level crossword secrets Learn more about your ad choices. Visit megaphone.fm/adchoices

Federal courts, bad incentives, culture war exhibitionism, and abortion distortion… And the week's only started. But Sarah and host emeritus are here for you to make sense of: -Dueling abortion rulings in Texas and Washington state -Clarence Thomas’ friendship with Harlan Crow -Transgender cases and the winding down of shadow dockets -Gov. Greg Abbott wants to pardon a convicted murderer under Texas' "Stand Your Ground" law Show Notes: -Assessing the Legal Claims in Alliance for Hippocratic Medicine v. FDA -Mifepristone and the rule of law -Kluge v Brownsburg Community School Corp. -The case of the Christian professor and pronouns Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David are back for a Wednesday (!) episode to give the people what they want: a review of Trump’s indictment. The verdict? Not great. Also: A Twitter user convicted over trolling Hillary Clinton supporters SCOTUS back-scratching? The Justices are taking their time Justice Ketanji Brown Jackson's praiseworthy approach to equity Show Notes: -What You Need to Know About the Trump Charges -Social Media Influencer Douglass Mackey Convicted of Election Interference in 2016 Presidential Race Learn more about your ad choices. Visit megaphone.fm/adchoices

The AO train keeps rolling after Saturday’s emergency pod with an episode chock-full of legal conundrums, fatal contracts, and (one) happy ending. -Weird vibes on SCOTUS case about immigration and the First Amendment -Tennessee's anti-drag statutes... (Or: David is very, very tired) -Fox and defamation -A goat’s fatal fate -One commenter comes after David over campaign finance laws -A question concerning personal jurisdictions -A special shout out to one circuit judge (#TeamWillettWranglers) Show Notes: -Video: Sarah Isgur recorded live at Harvard, Disney v DeSantis -Tennessee Drag: Order Granting Temporary Restraining Order Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David return to Harvard Law School to beguile the next generation with stories of squirrel rescues and FedSoc of yore. Oh yes, and to discuss the Trump indictments. -FedSoc: Generations -What we don't know about the Trump indictments -Sarah and David, criticized -Stretching the facts // Stretching the law -What happens now? -Alan Dershowitz reminiscence -DeSantis and the Questionable Circumstances Exception Standard -Q&A Bonus discussion: Jonesing for Sarah's explainer on anti-perpetuity? Check it out on The Dispatch Podcasts YouTube channel. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David spin through a carousel of cases, argue about theoretical swastikas, debate the merits of true crime content, and even bring on returning guest Christopher Bogart to discuss commercial litigation (and why you should really care!). The journey includes: When Gorsuch sided with Donziger Jack Daniels and Bad Spaniels: Trademark wars Things Lisa Blatt can get away with that no one else can (so for the love of God, don’t even try) Justice Jackson calling to reign in Munsingwear Vacatur Sarah’s beef with true crime (or: when Sarah lost the internet) Texas West A&M University President gives double middle fingers to the law Hostile learning environment vs the First Amendment And finally, a guest breakdown on worrying trends in commercial litigation Show Notes: -Substack piece regarding Stormy Daniels Trump Prosecution Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David divide and conquer in an especially busy episode. Following a bright announcement from host emeritus, we delve into... Trump’s possible defense against the Manhattan DA Congress moving forward on a TikTok ban, but is it constitutional? Is a bad joke to an admissions officer relevant to the Harvard discrimination case? Stanford Dean’s public letter A memo for young lawyers. Show Notes: -There's a problem with banning TikTok. It's called the First Amendment -Stanford Dean: Diversity and Free Speech Can Coexist at Stanford -The Secret Joke At The Heart Of The Harvard Affirmative-Action Case -A Plea for Free Speech in Boston -Judge Lee Rudofsky's Memo Learn more about your ad choices. Visit megaphone.fm/adchoices

With possible Trump indictments looming, Sarah and David meet face to face to discuss. Will the Manhattan D.A. set a precedent on prosecuting a former president based on a shaky theory of law? From New York to Georgia, the indictments are coming..(?) We need a better political class in the country The Bob McDonnell Option The Rule of "Bad Guy Goes to Jail" WTF Rand Paul (and House Republicans) Also: Sarah's news Show Notes: Sentencing Memorandum for Michael Cohen Learn more about your ad choices. Visit megaphone.fm/adchoices

Stanford Law School students want to have it both ways on speech rights, which means you get to enjoy a firey sequel to Tuesday's epic, infinity-long episode! Plus... -Your comments on the Stanford Squeeze, answered -Stanford dean getting the Game of Thrones walk of shame treatment -Sarah is on a journey -A brief aside on Amy Wax Show Notes: -Article: Law Schools Must Stop Intolerance From Disruptive Students -Wax's Grievance Letter Learn more about your ad choices. Visit megaphone.fm/adchoices

By now you've probably heard about Judge Duncan's bad day at Stanford Law School. No worries if not, because this Marvel-length special episode will leave no question unanswered. To complete the autopsy, Sarah and David are joined by Original Jurisdiction's David Lat and the man of the dark hour himself, Fifth Circuit Judge Kyle Duncan. They discuss the Stanford standoff and the ongoing trend of student disruptions, the response from Stanford administrators, whether shouting down speakers is a form of speech, how the judge responded to the students and whether he thinks federal judges should boycott the school, and more. Prepare yourself for a two-hour marathon that will leave you wondering, was the juice worth the squeeze? Show Notes: -David Lat: Yale Law is no longer #1 for free speech debacles -Ed Whelan on Stanford Law (includes video) -David Lat on ideological diversity in law firms -David Lat's follow-up piece -Article: Stanford Tells Federalist Society Students To 'Reach Out' to Diversity Dean Who Encouraged Disruption of Their Event—and To Shut Up on Twitter Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah are coming to you from live from the University of Kentucky answering the most pressing legal questions: -Is wokeism a religion? -Can an employer only hire like-minded people? -Will Biden push ESG investment practices? -What does Gruyere cheese have to do with the law? -When should schools outsource discipline to the criminal system? -What was one NYT author thinking? Or smoking? -And will David possibly reveal his darkest secret yet? Learn more about your ad choices. Visit megaphone.fm/adchoices

The saga continues with an episode that really should come with its own trigger warning for being just too sexy. Take a deep breath… -Safe spaces of yore (David's establishment clause victory) -The Finality Question, or: Losing My Jurisdiction -A death row case creates strange bedfellows and scrambles Sarah’s grand theory of the Roberts court -David can’t wait to tell you about this Bank Secrecy Act case -Is anyone still listening? -What happens when you pick the wrong boyfriend? -Gorsuch is annoyed -Excited for escheatment! -The Murdaugh trial: Proof of Stupid -Should we feel bad for the Georgia grand jury foreperson? Show Notes: -City of Ocala, Florida, Petitioner v. Art Rojas, et al. -Supreme Court asks for more briefs on important election-law case -Links to SCOTUS opinions -Was the Alex Murdaugh Guilty Verdict Too Hasty? -That one juror Learn more about your ad choices. Visit megaphone.fm/adchoices

Are you ready for a MOHELA good time? Sarah and David try to read the tea leaves as SCOTUS scrutinizes Biden's student loan forgiveness and the future of the Consumer Financial Protection Bureau. Also: terrorism on Twitter and cert grant update. The saga begins. Show Notes: -Biden v. Nebraska oral argument transcript -David Lat: On the need for diverse viewpoints -David Lat: More thoughts on intellectual diversity -Twitter v Taamneh oral argument transcript Learn more about your ad choices. Visit megaphone.fm/adchoices

Podcast-skeptic Judge Neomi Rao joins Sarah and David on the sidelines of the National Constitution Center’s Conference to talk circuit decisions, career path rejections, and tips for young clerks. But first: a primer on the most important office you’ve never heard of. Show Notes: -The Hedgehog and the Fox in Administrative Law -Judge Rao's Dissent Learn more about your ad choices. Visit megaphone.fm/adchoices

Judgmental looks. Angry scoffs and murmurs. Maybe even kicks at your back. All because you dared to recline your airplane seat. But isn't it your right to recline? Sarah and David charge into this heated -- and ever urgent -- legal question about ownership with Michael Heller, Professor of Real Estate Law at Columbia Law School, and James Salzman, Professor of Environmental Law at UCLA Law School, about their book Mine!: How the Hidden Rules of Ownership Control Our Lives. But first: SCOTUS updates and the disappointing sizzle of the anticipated Section 230 case. Show Notes: -Gonzalez v. Google, Section 230 case -Supreme Court hears oral arguments in Twitter case -Supreme Court denies Wikipedia and NSA case -Onion amicus brief -Mine!: How The Hidden Rules of Ownership Control Our Lives Learn more about your ad choices. Visit megaphone.fm/adchoices

Former VP Mike Pence is challenging a special counsel subpoena. David and Sarah look into the “speech or debate” clause cited by his defense team and its merits. Plus, a challenge to Connecticut schools transgender policy, more social media and first amendment clashes, and a little love shown to the fourth amendment on this post-Valentine’s day episode. Show Notes: Pence to fight special counsel subpoena on Trump’s 2020 election denial US appeals court will rehear challenge to inclusive Connecticut transgender athlete policy Court Blocks N.Y. Law Mandating Posting of "Hateful Conduct" Policies by Social Media Platforms (Including Us) Volokh v. James Judge Andrew L. Carter's Wikipedia Page (for the photo) Banks Appeal, 7th Circuit Learn more about your ad choices. Visit megaphone.fm/adchoices

Ron DeSantis wants to make open and slacken up national libel laws and, as always, it gets complicated. Sarah and (host emeritus) David try to help out. Also: Meta gets sanctioned! Show Notes: -Advisory Opinions: The Problem with "History & Tradition" -Fl. Gov. DeSantis floats legislation that would make it easier to sue news outlets -Reuters: Sarah Palin's legal fight with NYT -4th Circuit panel grants Stein injunction against criminal charges -Reuters: Meta, law firm Gibson Dunn sanctioned in Facebook privacy case -DOJ says end of health emergency will terminate Title 42 policy and moot Supreme Court case -David French for NYT: Men Need More Purpose Than Respect Learn more about your ad choices. Visit megaphone.fm/adchoices

Friend of the pod David Lat challenges Sarah and frequent-guest David to think through the implications of different types of anonymous speech. Where is the line between a whistleblower in need of protection and a rumor-monger? Also: -The worst SCOTUS decisions, ranked (by Twitter-bound, partisan PoliSci majors). -Given ChatGPT’s poor grasp of legal history, will we win the coming war against the Cylons? [Producer note: David is wrong. The answer is no.] Learn more about your ad choices. Visit megaphone.fm/adchoices

In an episode dedicated to our most reasonable and law-abiding listeners, Sarah and David examine a Fifth Circuit's ruling that took the Bruen test to the next level. Following "history and tradition," the court found that barring domestic violence offenders from owning a guns is unconstitutional. Our hosts have thoughts. Also: can our hosts take on the Murdaugh murder case? Show Notes: -CNN: Law barring people with domestic violence restraining orders from having guns is unconstitutional, court rules -Murdaugh Murder Case: New Evidence -Trailer: Low County, The Murdaugh Dynasty Learn more about your ad choices. Visit megaphone.fm/adchoices

Face to face at last, The One And Only Host Sarah Isgur and Untitled Tennessean David French exchange rants about NY prosecutors' untested legal theory for indicting Trump and about Biden's approach to ending emergency law (we believe the technical term is “¯\_(ツ)_/¯”). Also: -Should “sincerity of belief” factor into religious freedom decisions?-The vexing cake speech debate continues!-A judge flunks on the Constitution-Tingley v. Ferguson: Is therapeutic speech… speech?-One Catholic father is cleared by the DOJ-And…why Justice Kavanaugh concurs Learn more about your ad choices. Visit megaphone.fm/adchoices

Have you been feeling too optimistic about the state of free speech recently? Don’t worry! For AO’s 300th episode (!), Sarah and David wade through some of the latest, most migraine-inducing attempts to stomp, quell, restrict, and penalize free inquiry and expression. On the docket: -SCOTUS update. -In Texas, an influencer-slash-journalist brings together right and left in defending free speech against qualified immunity. -California really, really wants to ban “misinformation…” Now, if only it could figure out how to define it… -Hamline University’s getting sued… for religious discrimination? -Reading Hitler’s memoir can get you in trouble at Stanford. Learn more about your ad choices. Visit megaphone.fm/adchoices

Honor, thy name is the Pence staffer who found classified documents and resisted the urge to accidentally let them slip into a shredder. In addition to covering the latest in the Trump-Biden-Pence-Carter documents drama, David and Sarah discuss what’s shaping up to be one of the most egregious cases of spy corruption in American history. Plus: -A Georgia grand jury updates-A headscratcher case of wrongful arrest-Some thoughts on Florida’s crackdown on College Board’s African American Studies AP curriculum Show Notes: Classified documents discovered at home of former VP Mike Pence Ex-FBI arrested for alleged money laundering Georgia election probe report to remain secret for now DeSantis sparks outrage with rejection of African American studies class The Dispatch: Academic Freedom for Whom? G-File: Reading, Writing, and... Black Queer Studies? Learn more about your ad choices. Visit megaphone.fm/adchoices

If somebody understands the challenges of appointing special counsels, it's Deputy Attorney General Rod Rosenstein. He joins Advisory Opinions to talk (and reminisce) about DOJ drama. Also: Sarah and David have some tepid SCOTUS updates. Show Notes: -NYT: Investigators Seize More Classified Documents From Biden's Home -The Dispatch Podcast: The Biden Files Learn more about your ad choices. Visit megaphone.fm/adchoices

The Supreme Court saves the day (or at least, this episode) with a slew of last-minute cert grants. A consolidated immigration case; a legal battle between a 93-year-old woman and the state of Minnesota over a foreclosed condo; a search for the line between free speech and death threats; and, for good measure, David lets out a bee that’s been buzzing in his bonnet since law school over a religious accommodations case. Plus: so long sans serif! Show Notes: Pugin v. Garland, Garland v. Cordero-Garcia Tyler v. Hennepin Counterman v. Colorado Groff v. DeJoy McSweeneys: I'm Comic Sans Learn more about your ad choices. Visit megaphone.fm/adchoices

As they consider the meaning of Robert Hur’s appointment as Special Counsel, Sarah and David cast a wish to the universe that top officials be held accountable for mishandling classified documents (or that they just stop doing that). They also discuss whether collegiality is declining among Supreme Court justices, take the pulse of religious liberty in the law, briefly discuss Fairfax county’s “war on merit” controversy, and offer a simple-to-follow definition of academic freedom. -”Should have no impact” -Steven Mazie on SCOTUS collegiality -The president of Hamline University responds -The latest from Fairfax County -David on the ruling out of Eugene, Oregon Learn more about your ad choices. Visit megaphone.fm/adchoices

Following Sarah's personal tribute to the incomparable Will Consovoy, Sarah and David wade through the news about Biden's mishandling of classified documents and wonder about its implications on the Mar-a-Lago case. Then, David checks in the Georgia grand jury about Trump's alleged election interference, and a Sarah reviews two SCOTUS arguments, one concerning attorney-client privilege and union strikes. Finally, Sarah and David joyfully examine the true value of noncompete clauses. Show Notes: In Memory: Will Consovoy NYT: Biden Lawyers Find Classified Material At His Former Office The Dispatch: Dueling Documents Case CNN: Georgia grand jury investigating Trump and 2020 election aftermath completes its work In re Grand Jury argrument transcripts Glacier Northwest, Inc. v. International Brotherhood of Teamsters argument transcripts FTC Proposes Rule To Ban Noncompetes Learn more about your ad choices. Visit megaphone.fm/adchoices

We got some exquisite First and Second Amendment content for you today. David and Sarah discuss a Fifth Circuit decision to strike down the Trump administration ban on bump stocks. They then discuss whether a teacher has a right to wear a MAGA cap even if it engenders emotional reactions. Show Notes: Fifth Circuit Majority Opinion on Bump Stock bans Gorsuch's dissent Judge Elrod's musical talents Summary from 9th U.S. Circuit Court of Appeals on MAGA hat and free speech NYT: A Lecturer Showed a Painting of the Prophet Muhammad. She Lost Her Job. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this first episode of the new year, Sarah and David bring a smorgasbord of topics to the table. They cut through the confusion in the legal battle over Title 42 and the question of lingering pandemic law. Also: Comedian Jeff Ross makes headlines by unwittingly getting involved in a death penalty case, and the 11th circuit court of appeals hears a heated case involving a Florida school's transgender bathroom ban. Oh and yes... David makes a bittersweet announcement. Show Notes: Supreme Court Ruling over Title 42 Texas death row Supreme Court appeal involves Jeff Ross Comedy Central roast U.S. appeals court upholds Florida high school's transgender bathroom ban Article: Supreme Court off to a slow start Learn more about your ad choices. Visit megaphone.fm/adchoices

Vaccine mandates! Title 42 and border policy! Twitter Files updates! Electoral Count Act! “The Imperial Supreme Court”! FedSoc/Sate showdown! Sarah and David are marathoning through topics in the hope of placating the wrathful law gods and preempting a Christmas-time emergency pod. (Knock on wood.) Show Notes: -Adam Liptak’s New York Times piece on the supremacy of the judicial branch -Mark Joseph Stern’s interview with Judge Pryor for Slate Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David look at the latest Twitter Files revelations, and consider whether they point to First Amendment concerns. They also look at the first case about transgender athletes making its way to the Supreme Court. Sarah then breaks down the grammatical debate happening in the comments section with a closing statement on why she was right, although rather unintentionally. Show Notes: -Philip Hamburger’s Wall St. Journal piece -Title IX -Kevin Stroud talks history of the English language on AO Learn more about your ad choices. Visit megaphone.fm/adchoices

It’s a lighting-round AO! David and Sarah start with updates on the Loudoun County scandals, the travails of Biden’s student loan forgiveness plan, and the sanctioning of Stop the Steal lawyers. They then turn to the least palatable of topics and discuss Section 230 and social media’s liability (or lack thereof) in the spread of child pornography. Show Notes: -Challenges to Biden’s student loan forgiveness reach SCOTUS -The 10th Circuit sanctions Stop the Steal lawyers -Reason’s Elizabeth Nolan Brown on Twitter, sex trafficking, and Section 230 -David on Serena Fleites v. MindGeek -David on America’s child pornography crisis -Prince William and Kate’s Christmas photo Learn more about your ad choices. Visit megaphone.fm/adchoices