Advisory Opinions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 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

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