Advisory Opinions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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