
Advisory Opinions
640 episodes — Page 8 of 13
Ep 290Depends What You Mean By 'Shall'
Oral arguments on Biden's immigration (in)action push the Supreme Court to decide on the meaning of "shall," and to wrestle with the upshot of two government branches unwilling to do their jobs. David notices that Loudoun County is gaining national notoriety (again!). Plus: Can legal wins for religious freedom lead to a culture war cool down? Show Notes: -David's Loudoun county aside -David's religious freedom aside Producer note: if you're ready to get serious about your spicy takes... Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 289Is This a Lollapalooza?
In an all-star hearing, the Supreme Court considers a melange of legal and philosophical arguments concerning the “independent state legislature” doctrine. But first, David and Sarah revisit 303 Creative and debate the Tough (with a capital T) line between law and morality. Also: Should Judge Cannon be impeached? Out of context: “For the record, Sarah, there are Mean Girls in Dune.” Show Notes: -J. Michael Luttig for The Atlantic against the Independent State Legislature doctrine Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 288Special Master No More
Finally, the Supreme Court hears arguments on Creative 303, the case that asks whether a web designer can refuse to provide her services for a gay wedding. And the hearing was... a mess! Also: The 11th Circuit shuts down the Special Master's review of Mar-a-Lago documents. David and Sarah sum up the ruling as “predictable, even quasi inevitable," while debating whether or not it "dunked" on judge Cannon. Show Notes: -303 Creative Oral Argument Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 287The Brooding Omnipresence of the Law
The AO marathon continues as David and Sarah catch up on Supreme Court hearings. In this feature-length episode, they explore the line between lobbying and bribery, raise eyebrows at the historicity of the "independent legislature" argument, and debate the extent to which the 303 Creative case is about speech. Also: the Jan. 6 prosecutors may have caught their white whale. Show Notes: -Oath Keepers founder convicted -303 Creative’s oral argument Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 286First Amendment Monday (on a Tuesday)
It's censor v. censor, as politicians, academics, and journalists from left to right fight over who gets to block whose free speech. Plus: David and Sarah reconsider their comments about the alleged Alito leak. Show Notes: -Novoa v. Diaz -Villarreal v. Laredo, Texas -Reason Magazine on the stakes of Villarreal’s lawsuit -David’s piece on the meaning of religious freedom Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 285The Access Grift
As rumors swirl about another Alito leak, David and Sarah examine DC’s corrosive obsession with “access.” They also discuss the DOJ's appointment of a special counsel for the Trump investigations, revisit their discussion of protective orders, and ask whether we should care about law schools pulling out of the US News & World Report. Plus: get your bingo cards ready! Show Notes: -AO Bingo -Lincoln’s Thanksgiving proclamation Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 284The Future of the Federalist Society
Haggard and sleep deprived, Sarah and David buckle down for an extra-long episode that covers student loans, court sanctions, gay marriage legislation, more FedSoc speculation, and [deep breath] the founding principles of the United States. Ready thy popcorn. Show Notes: -Sanctioning Trump's lawyers -Codifying gay marriage Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 283The Gobsmacking Guns Case
Things get visceral as David and Sarah discuss Haaland v. Brackeen, the Supreme Court case that may determine who gets to adopt a Native American child. Then, having picked up their dropped jaws, they parse a federal court's ruling that deemed it unconstitutional to prohibit gun ownership based on a history of domestic violence. Plus: Sarah provides some FedSoc gala gossip. Show Notes: -Haaland v. Brackeen -Gabriel Malor, no snark Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 282Guns. Ho.
Yes, David and Sarah share their post-election thoughts (including the Trump question), but they also talk some law! From Judge James Ho (the scourge of Yale Law School) nudging SCOTUS to recognize an unenumerated right to make a living, to New York state’s gun laws hitting a wall in court… the takes are a-flowing. But none more shocking than David’s all-time top two songs. Plus: David ruefully performs a post-mortem to his midterm pre-mortem. Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 281No More Pre-Mortem (Almost)
On today's combative pod, David and Sarah revisit the Stacey Abrams lawsuits and check in on the state of election laws. They then turn to the question of expressive activity and whether a state can force a beauty pageant to include transgender contestants. They conclude with an examination of Washington state's approach to "unconscious bias" in trials. Plus: the duo offers a few pronunciation meae culpae. Show Notes: -David on Stacey Abrams’ election challenges -Green v. Miss United States of America -Henderson v. Thompson -Scientific American on the problems with “implicit bias” Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 280Affirmative Action Hearing, pt. 2
Time to talk about Harvard. Returning to the affirmative action debate, David and Sarah consider the differences between UNC and Harvard, unpack the justices’ questions and comments, and ask what kind of diversity Harvard hopes to promote, if at all. They also discuss the preemptive backlash to Justice Amy Coney Barrett’s upcoming book, and the attack on Paul Pelosi. Show Notes: -Court filing detailing the break in to Nancy Pelosi's house. Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 279SCOTUS Considers Affirmative Action
Two universities defended their admissions process before the Supreme Court on Monday. Starting with the University of North Carolina (with a Harvard tease), David and Sarah grapple with – and at times disagree about – the difficult questions at the heart of the hearing: how should we understand diversity? Is seeking justice for centuries of slavery and discrimination compatible with race neutrality? Who should bear the brunt of righting a historic wrong? Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 278Chess World Vibes
Yes, David and Sarah will be teasing their initial thoughts on the Harvard case and the likelihood of the Supreme Court changing the game on affirmative action... but only after checking in on the real legal scandal currently gripping the nation: cheating allegations in the chess world. Show Notes: -Grutter v. Bollinger Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 277Chess Cheats and Hot Sauce
Scandal of scandals! Things get weird after a 19-year-old grandmaster is accused of cheating in a chess tournament against a world champion and David and Sarah are here for it. Plus: Let’s talk CFPB funding and a court decision that gets a direct ticket to SCOTUS. Out of context: “a limited public figure for the purposes of Donkey Kong.” Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 276Where’s the Beef?
In today’s packed episode, David and Sarah check in on the Durham investigation after recent failures to reach convictions. They then turn to updates on the special master and the Mar-a-Lago case, and on the growing list of challenges (of varying quality) to Biden’s loan forgiveness plan. Not enough? They conclude with an overview of the Texas Pete Hot Sauce lawsuit. -Texas Pete lawsuit Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 275The Jan. 6 Committee Subpoenas Trump
What options does the former president (and his legal team) have in response to the subpoena? Did Judge Ho’s response to critics mollify Sarah’s concerns? And what does Clarence Thomas think about Prince? Plus: how early should you get in line for a chance at attending a Supreme Court hearing? -Andy Warhol Foundation v. Lynn Goldsmith -Judge Ho’s speech on Cancel Culture Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 274The Case That Broke David's Inbox
In an episode dedicated to our pig friends, Sarah and David are joined by two guests from The Humane Society of the United States: Vice President for Farm Animal Protection Josh Balk and Chief Counsel Jonathan Lovvorn. Josh offers insight into the fight against animal cruelty and Jonathan, who chaired a defense of California’s pig farming regulations before the Supreme Court this Wednesday, discusses whether the courts can (and should) resolve moral questions. Show Notes: -National Pork Producers v. Karen Ross Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 273Live From George Mason
Recording live at George Mason University, David and Sarah open with a critical WAP correction to last week’s show, followed by updates on The Onion amicus brief and the never-ending Yale drama. Plus: Amy Coney Barrett takes on Common Good Constitutionalism and the Fifth Circuit decides a “zero-pence case” on religious coercion. Show Notes: -Fifth Circuit decision on Freedom From Religion v. Wayne Mack Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 272The Onion Files an Amicus Brief
An Alabama redistricting case receives a contentious Supreme Court hearing, weighing race neutrality against a history of racial discrimination. Donald Trump files an emergency request with the Supreme Court and it’s… technical. Oh, and did we mention The Onion’s amicus brief? Also: stick to the end for a letter from the best compliance supervisor in America. Show Notes: -The Onion’s amicus brief -Merrill v. Milligan -Trump’s emergency request Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 271You Must Have Misunderstood Law
Trump’s legal drama — Judge Cannon returns! Ken Paxton opines! Fraud alleged! — will be discussed at last... But first, Sarah and David preview what promises to be a spicy term for the Supreme Court (with not one, but two Section 230 cases!). They then pass through a culture war cul-de-sac via Judge James Ho’s clerkship boycott of Yale law students, and conclude with a tribute to Judge Laurence Silberman. Plus: the committed listener will learn the truth about how Sarah ended up in The Federalist Society. Show Notes: -David’s amicus brief -Twitter at the Supreme Court -Ken Paxton’s amici for Fulton County v. Lindsey Graham -David Lat on Ho v. Yale reactions -Josh Blackman supporting on Yale Law sellouts -Laurence Silberman’s WSJ obit Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 270The Bell Tolls Long Conference
From the first legal challenge to President Biden’s student loan forgiveness program to a bad precedent in the making involving the NRA, from nation-wide injunctions to budding Supreme Court friendships — today’s show is packed with non-Trump content! (For a hard look into the ex-president’s legal woes, tune in again on Monday!). Also: Sarah and David put on their tin foil hats as they try answering once and for all whether our devices are listening in on us. Out of context: “I don’t like this outcome, Sarah.” Show Notes: -Frank Garrison v. Department of Education -Second Circuit Decision on NRA v. Vullo -The man who prevented nuclear war Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 269Live from the University of Michigan
Sarah and David tape a live episode at the University of Michigan in Ann Arbor, Michigan and they have a special guest: Sixth Circuit Court of Appeals Judge Chad Readler. After making it very clear on how to pronounce the judge’s name, David and Sarah discuss what the judge look for in clerks, his career as a judge and at the Department of Justice, and Wolverine football. Stick around to the end to hear where the judge comes down on David and Sarah’s great law school debate. Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 268Ken Paxton’s Airing of Grievances
Texas joins an amici brief in Donald Trump’s Mar-a-Lago case, and Sarah and David ponder… why? Plus: a listener’s astute follow-up question about Yeshiva University gets the full AO treatment. Show Notes: -David’s French Press on “Segregation Academies” -Trump’s response to DOJ’s motion for partial stay -Red states amici brief for Trump v. USA -Class action lawsuit against Ron DeSantis Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 267The Supreme Court Sides With Process
Back in the saddle, Sarah and David explain the Supreme Court’s decision on Yeshiva University v. Youth Pride Alliance (spoiler: this isn’t over yet). Plus: Who gets to censor who in the battle between Texas and tech platforms? Show Notes:-Yeshiva University v. Youth Pride Alliance-NetChoice v. Ken Paxton-Donald Trump v. the United States-Ilya Somin Reason Magazine piece on Texas’ social media law-Andrew Sullivan on monarchy and pre-Enlightenment institutions Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 266Getting Your Legal Career Started
While David is still away on his well-earned vacation, it’s time for some career advice! Megan L. Brown – partner at Wiley Rein LLP – joins Sarah to talk about choosing (and getting hired by) the right law firm. How to get your best self across in interviews? How to judge a firm’s work culture? Is it wise to inquire about a firm’s work-life balance? And, most importantly, should you take career pointers from Netflix’s Partner Track? All shall be answered. Oh, and by the way, the views expressed in this episode are Megan’s and Sarah’s, they do not represent necessarily the views of Wiley Rein, its partners or clients. Editor's Note: Views expressed are not necessarily the views of Wiley Rein, its partners or clients Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 265Special Master to Review Mar-a-Lago Documents
A federal judge ordered the appointment of a special master to review the sensitive documents seized at Mar-a-Lago. Orin Kerr, law professor at the University of California, Berkeley, joins Sarah to break down the ruling. Then, Sarah is joined by Thomas Lee, former associate chief justice of the Utah Supreme Court, for another discussion of corpus linguistics. Show Notes: -A Corpus Linguistic Analysis of 'Foreign Tribunal' -Corpus Juris Advisors -Judging Ordinary Meaning -Data-Driven Originalism Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 264Trump vs. DOJ in Courtroom Battle
David and Sarah are here to make sense of the latest back and forth between the Justice Department and Trump’s legal team over classified documents found at Mar-a-Lago. Plus: a closer look at the legal merits of the student loan forgiveness plan and two religious liberty cases. Show Notes: -DOJ response to Trump's special master request -OLC opinion on student loan forgiveness plan -Fellowship of Christian Athletes v. San Jose Unified School District Board of Education -Yeshiva University v. YU Pride Alliance Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 263Will Baude Responds to Common Good Constitutionalism
David and Sarah are joined by Will Baude, professor of law at the University of Chicago Law School, to discuss his review of Adrian Vermeule's new book Common Good Constitutionalism. What is “common good constitutionalism” and can David and Will convince Sarah that it’s a thing? Is international law real? And does anyone have standing in any upcoming legal challenges to President Biden’s student loan debt relief plan? Show Notes: -The American Prospect: What Common Good? -Reason: The "Common-Good" Manifesto -Ius & Iustitium: The Bourbons of Jurisprudence -Reason: The "Common-Good" Manifesto: Vermeule Responds Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 262Future of Cultivated Meat
David and Sarah are joined by Bruce Friedrich, founder and CEO of the Good Food Institute, to discuss cultivated meat and the next agricultural revolution. What’s the difference between plant-based meat and cultivated meat? What’s the environmental impact of reimagining meat production? If it’s August, it’s our meat episode. Show Notes: -Bruce Friedrich’s TED Talk -Good Food Institute Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 26150 Ways of No
David and Sarah discuss two Florida free speech cases and a very strange North Carolina one too about whether a court can strike down legislation if some of the legislators were elected from gerrymandered districts. And there's a very special guest at the end with a song to share. Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 260Bret Devereaux Talks Orc Battle Tactics
Bret Devereaux is an ancient and military historian at the University of North Carolina at Chapel Hill, and is here to discuss military tactics of some of fiction's biggest battles from The Lord of the Rings to Game of Thrones. Can David contain his excitement? Does Sarah understand anything being said? Show Notes: -A Collection of Unmitigated Pedantry Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 259Mar-a-Lago Search Part of Espionage Act Investigation
Ed O'Callaghan, partner at WilmerHale and former principal associate deputy attorney general, joins David and Sarah to discuss the news that the FBI’s search of former President Donald Trump’s home is part of an investigation into possible violations of the Espionage Act. What does that mean? How does this all work? Show Notes: -French Press: Apply the Hillary Clinton Rule to Donald Trump Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 258Kevin Stroud Talks the History of English
Kevin Stroud, creator and voice of the History of English podcast, joins David and Sarah for an exciting deep dive into the history of the English language and the roots of legalese. Stroud traces the complex history of Old English, Old Norse, French, and Latin words within the American legal system, and details the story behind the first written Old English code of law. Plus: What roles do poetry and alliteration play in the court? And why does language evolve so much over time? Show Notes: -History of English podcast -Law of Æthelberht Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 257FBI Searches Trump's Home: What Does it Mean?
Sarah and David get together for an emergency episode to discuss the FBI’s search of former President Donald Trump’s home at Mar-a-Lago on Monday. What does it all mean? How does a federal investigation of a senior official work, and what happens next? Plus: some possible theories and explanations that might shed some light on the events of yesterday. Show Notes: -TMD: The FBI Raids Trump’s Home -Andy McCarthy in National Review: The FBI’s Mar-a-Lago ‘Raid’: It’s about the Capitol Riot, Not the Mishandling of Classified Information -Marc Elias Twitter thread Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 256Shouting Fire in a Crowded Theater
Sarah and David tackle the events of last week: the verdict in the Alex Jones case, and the story of Breonna Taylor and the court’s surprising indictments of several police officers. Should there be monetary limits on punitive damages? And why, in this day and age, does everything need to be entertaining? Plus: Our hosts explore what court precedent actually lurks behind the concept of shouting “Fire!” in a crowded theater. Show Notes: -New York Times: What To Know About Breonna Taylor’s Death -French Press: Supreme Court Precedent Killed Breonna Taylor -U.S. v. Perez -Schenck v. United States -New York Times: I Didn’t Want It to be True, But the Medium Really is the Message Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 255Justice Department Sues Idaho Over Abortion Law
Sarah and David have a lot to talk about as the midterm primaries wrap up and federal lawsuits are filed stateside. What is former President Trump’s role in the midterm elections, or does he even have one? Also on the agenda: near-total abortion bans and pro-life amendments face a difficult path in Idaho and Kansas, and Justice Samuel Alito goes to Rome. Show Notes: -The Sweep: What We Learned -Blake Masters campaign ad -Washington Post: Justice Dept. sues Idaho over near-total abortion ban coming Aug. 25 -Idaho Statutes -French Press: A Crucial Court Case Exposes the Darkness of America’s Worst Industry -Fleites v. MindGeek -Justice Samuel Alito delivers keynote address in Rome Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 254Steven Pressfield on Writing Historical Fiction
It’s August, and so David and Sarah are taking a break from court coverage and legal issues. Steven Pressfield, author of A Man at Arms, joins Sarah and David to kick off the month with a deep dive into what it’s like to write historical fiction set in the ancient world. Pressfield explains his mechanisms for creating fascinating stories and three-dimensional characters. What is the key to bringing history back to life? Plus: Steven gives some tried-and-true advice to aspiring writers. Show Notes: -A Man at Arms -Steven Pressfield’s books Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 253Judge Rudofsky Talks Corpus Linguistics
Arkansas federal district judge Lee Rudofsky joins Sarah and David to give a guided tour of corpus linguistics, a recent but fascinating tool for jurists. How do corpus linguistics help define constitutional concepts and definitions? Plus, our hosts pick apart an article about the possible leaker of the Dobbs v. Jackson Women’s Health opinion. Show Notes: -Wilson v. Safelite -New York State Rifle & Pistol Assn., Inc. v. Bruen -Salt Lake City Corp. v. Haik -Muscarello v. United States -United States v. Rice -CNN: The inside story of how John Roberts failed to save abortion rights Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 252Judge Luttig Talks Electoral Count Act Reform
Former federal judge John Michael Luttig joins Sarah and David to detail his involvement in the events leading up to January 6, 2021. He reveals the story behind his tweet thread on January 5 that ended up on the front page of the New York Times, and the problems with the Electoral Count Act of 1887. Plus: Luttig walks us through his comprehensive, published study refuting election fraud claims in the 2020 election. Show Notes: -Judge Luttig’s January 6 testimony -Judge Luttig’s January 5 tweet thread -Lost Not Stolen: The Conservative Case that Trump Lost and Biden Won the 2020 Election -The Dispatch: A 2020 Election Report ‘By Conservatives, For Conservatives’ Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 251A Conversation About Academic Freedom
David and Sarah return to discussions they had with their last guest, professor Akhil Amar, including living constitutionalism and the question of whether to let voters or jurists decide issues of justice. Then our hosts dive into the University of Pennsylvania controversy concerning the limits of academic freedom at the private Ivy League institution. Plus: the Biden administration’s bid to clarify abortion protections in the Emergency Treatment and Active Labor Act. Show Notes: -AO: Akhil Amar Talks Liberal Originalism -University of Pennsylvania Law Dean’s Report Regarding Amy Wax -Biden admin looks to protect doctors providing emergency abortions, and warn those who don’t Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 250Akhil Amar Talks Liberal Originalism
Sarah and David kick off the week with an exciting discussion of liberal constitutional originalism with Akhil Amar, author of The Words That Made Us: America’s Constitutional Conversation, and constitutional law professor at Yale University. Our guest gives a dynamic perspective of the decision in Roe v. Wade, as well as dives into the nitty-gritty of the varying modes of constitutional interpretation. Who gets to decide what the common good is? Are philosophers really as smart as they think they are? Show Notes: -The Words That Made Us: America’s Constitutional Conversation -Amarica’s Constitution -Eradicating Bush-League Arguments Root and Branch: The Article III Independent-State-Legislature Notion and Related Rubbish -Time: Why Liberal Justices Need to Start Thinking Like Conservatives -New York Times: The Constitution Is More Than a Document—It’s a Conversation Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 249Twitter Sues Elon Musk to Force Acquisition
David and Sarah cover a full spectrum of cases and interesting news today. First up: Will a judge order Elon Musk to buy Twitter? Our hosts address the Texas res judicata case (pronunciation courtesy of a Latin expert); Boycott, Divest, Sanction (BDS) laws; and an abortion travel case. They also answer a question from listeners about the Second Amendment and militia precedent. Show Notes: -Twitter v. Musk complaint -Skiriotes v. Florida -Fisher v. University of Texas at Austin Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 248Supreme Court Term Wrap Up with Kannon Shanmugam
David and Sarah are joined by Kannon Shanmugam, partner at Paul Weiss, for their now traditional end-of-term Supreme Court case roundup. Was this the most significant Supreme Court term of our lifetimes? Plus: it wouldn’t be a traditional episode with Kannon Shanmugam without another round of barbeque reviews. Show Notes: -TMD: The End of ‘Pen and Phone’ -Washington Post: A firm’s split with its star gun-case lawyer shows what ails the left Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 247Revisiting the Coach Kennedy Case with Hiram Sasser
David and Sarah begin by going through SCOTUSblog’s end-of-term Stat Pack. Then Hiram Sasser, executive general counsel for First Liberty Institute, joins for a deep dive into the Kennedy v. Bremerton School District Supreme Court case. Hiram, who was co-counsel on the case, explains the story and talks about Coach Joseph Kennedy from a more personal point of view. How did the facts become so muddled throughout the process? Our hosts have a lively debate about how the case could have—or should have—been handled. Show Notes: -SCOTUSblog Stat Pack -Kennedy v. Bremerton School Dist. Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 246Supreme Court Wraps Up Term with EPA Decision
Last week the Supreme Court ruled to limit the Environmental Protection Agency’s power to regulate carbon emissions. David and Sarah are here to discuss the decision’s fallout and what it means for the rest of the administrative state. Plus: What did the Supreme Court say about Migrant Protection Protocols? And, understanding the controversial election-law case that the Supreme Court agreed to hear. Show Notes: -West Virginia v. EPA -Sarah in Politico: “Why Is Congress Broken? Because the Other Branches Are Doing Its Job” -Biden v. Texas Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 245Supreme Court Narrows 2020 Ruling on Tribal Lands
On Wednesday, the Supreme Court ruled that Oklahoma state authorities can prosecute non-Indians who commit crimes against Indians on Indian reservations. Narrowing its 2020 decision in McGirt v. Oklahoma. David and Sarah then debate the case for prosecuting Donald Trump after this week’s surprise January 6 hearing. They also look at a surprising death penalty decision from last week. Show Notes: -Torres v. Texas Department of Public Safety -Oklahoma v. Castro-Huerta -French Press: “The Case for Prosecuting Donald Trump Just Got Much Stronger” -Nance v. Ward Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 244Praying Football Coach Wins at Supreme Court
The Supreme Court has been making waves with two recent religious liberty cases, Kennedy v. Bremerton School District and Carson v. Makin. Sarah and David delve into the Kennedy opinion, involving a high school football coach who was fired for praying on the field. The case overruled the Lemon test, used in First Amendment cases for decades, but there’s still much to be decided in the future. Plus: More on the political fallout from the Dobbs v. Jackson Women’s Health ruling. Show Notes: -Kennedy v. Bremerton School Dist. -Advisory Opinions: Supreme Court Hears Football Coach Prayer Case -French Press: Roe is Reversed, and the Right Isn’t Ready -Advisory Opinions: Supreme Court Overturns Roe and Casey -Wall Street Journal: The Law Firm That Got Tired of Winning Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 243Supreme Court Overturns Roe and Casey
The outcome might not have been surprising, but the official release of the Dobbs v. Jackson opinion on Friday was still earth shaking, as it overturned Roe v. Wade and a half-century of precedent on abortion. Sarah and David convened an emergency podcast, diving headfirst into the details of the majority opinion written by Justice Samuel Alito, the concurrences by Justice Clarence Thomas, Justice Brett Kavanaugh, and Chief Justice John Roberts, and the liberal dissent. What does this case mean for us and where do we go from here? Show Notes: -Dobbs v. Jackson Women’s Health Organization -Sarah in Politico:“What Alito Should Have Written” -David in The Atlantic: “The Pro-Life Movement’s Work Is Just Beginning” Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 242Supreme Court Strikes Down New York Gun Law
The Supreme Court struck down a New York law that placed strict limits on carrying a gun outside the home, ruling that Americans have a broad right to carry a handgun in public for self-defense. David and Sarah are together in DC, at The Fund for American Studies, to break it all down. Plus, we have a Supreme Court decision dealing with Miranda violations, and questions from law students from around the country. Show Notes: -Vega v. Tekoh -New York State Rifle & Pistol Assn., Inc. v. Bruen Learn more about your ad choices. Visit megaphone.fm/adchoices
Ep 241Supreme Court Rejects Ban on Public Money for Religious Schools
Sarah and David breeze through a few Supreme Court opinions released Tuesday to focus on United States v. Taylor, and how Maine is more rural than Alaska (go figure). David points out that Carson v. Makin, which held that Maine’s “nonsectarian” requirement in schools violated the Free Exercise Clause, is yet another victory for religious liberty in the U.S. And finally, a casual discussion of toddler yoga, skirt skepticism, and how to have fun at your job. Show Notes: -United States v. Taylor -Carson v. Makin -Peltier v. Charter Day School -CANarchy Craft Brewery Collective, LLC v. Tex. Alcoholic Beverage Comm’n Learn more about your ad choices. Visit megaphone.fm/adchoices