Advisory Opinions

Sarah and David tackle six rather technical Supreme Court opinions released on Wednesday, including Ysleta del Sur Pueblo v. Texas, involving a Native American tribe. Plus: What does the term “mare’s nest” actually mean? Sarah sheds some historical insight and discusses the primary results in South Carolina and Texas with David. They also briefly cover the Southern Baptist Convention and a recent lawsuit in Florida: Does the right to life trump a religious exemption to have an abortion? Show Notes: -Ysleta del Sur Pueblo v. Texas -The Sweep: The Value of a Trump Endorsement -Guttmacher: Long-Term Decline in US Abortion Reverses Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah give a rundown of two Supreme Court opinions this week: Shinn v. Ramirez and Denezpi v. United States. They discuss an interesting phenomenon called stochastic terrorism as they cover the attempted murder of Supreme Court Justice Brett Kavanaugh. The gun safety legislative package reached bipartisan compromises in the Senate, but will the House be a bigger hurdle? Our hosts think so. Show Notes: -Shinn v. Ramirez -Denezpi v. United States -Strickland v. Washington -AEDPA Act of 1966 -French Press: "There Is No Right Person to Hate" Learn more about your ad choices. Visit megaphone.fm/adchoices

Early Wednesday, police arrested an armed man only a block away from Supreme Court Justice Brett Kavanaugh’s home. The man, who was charged with attempted murder, said he wanted to kill Kavanaugh and reportedly was carrying a pistol, a knife, and pepper spray. David and Sarah discuss the dangers of releasing public officials’ personal information online and the darker story behind the false sexual misconduct allegations at Kavanaugh’s 2018 confirmation hearing. They also dive into Justice Clarence Thomas’ opinion in Egbert v. Boule, and tackle questions from the mailbag. Show Notes: -Washington Post: “Man with weapon arrested near Brett Kavanaugh’s home, officials say” -New Yorker: “Senate Democrats investigate a new allegation of sexual misconduct from Brett Kavanaugh’s college years” -Vox: “The rape culture of the 1980s, explained by Sixteen Candles” -Egbert v. Boule -Bivens v. Six Unknown Federal Narcotics Agents -Jason Aldean: “I Use What I Got” -Engblom v. Carey -Harlow v. Fitzgerald Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah breeze past three boring Supreme Court cases before answering listener questions on everything from the Ninth Amendment to hearsay rules and to a brutal discussion of their greatest disappointments. It's a potpourri podcast as a prelude to the avalanche of Supreme Court cases that awaits us all. Show Notes: -Siegel v. Fitzgerald -Gallardo v. Marstiller -Southwest Airlines Co. v. Saxon -Gallup: “Abortion Poised to Be a Bigger Voting Issue Than in Past” Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah cover a wide variety of topics, from the Amber Heard/Johnny Depp verdict, to the acquittal of Michael Sussman on charges of lying to the FBI in a case brought by special counsel John Durham, to a Pennsylvania election law dispute, and of course the Supreme Court’s decision in the Texas social media case. They end with a discussion of a new Gallup poll about abortion rights and a discussion of the many problems of issue polling. Show Notes: -NetChoice, LLC v. Paxton -Sarah in Politico: “What Alito Should Have Written” Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah talk about the Southern Baptist Convention sex abuse scandal, including the role that lawyers play in compounding the injustice of sex abuse in religious institutions. They also talk about an interesting insurrection election eligibility decision in the 4th Circuit and circle back to red flag laws. They also discuss the nature of courage and cowardice under fire. Show Notes: -Southern Baptist Convention sexual abuse report -David in The Atlantic: “The Southern Baptist Horror” -Cawthorn v. Amalfi -French Press: “Pass and Enforce Red Flag Laws. Now.” Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah talk about the terrible school shooting in Texas and explore various gun control proposals, including red flag laws. They also talk about a new Second Amendment case and its potential relationship to the First Amendment. Next up is the Florida social media law regulation. They end with a brief look at a Pennsylvania election law case that could decide the 2022 Republican Senate primary. Please note this episode was taped the evening of the school shooting in Texas. Technical difficulties delayed its release. Show Notes: -French Press: “Pass and Enforce Red Flag Laws. Now.” -USA v. Ignacio Jimenez-Shilon -NetChoice v. Attorney General, State of Florida Learn more about your ad choices. Visit megaphone.fm/adchoices

At long last, David and Sarah address the biggest issue in America today--the state of the Johnny Depp/Amber Heard defamation trial. They also talk about Ted Cruz's Supreme Court win, ask whether the Fifth Circuit destroyed the Securities and Exchange Commission, discuss an interesting case against Alaska Airlines, and end with a bit of legal/political potpourri. Show Notes: -Axios: “America more interested in Depp-Heard trial than abortion” -Patel v. Garland -Federal Election Comm’n v. Ted Cruz -Jarkesy v. SEC Learn more about your ad choices. Visit megaphone.fm/adchoices

It’s a special edition of Advisory Opinions as David and Sarah talk to Chief Judge Jeffrey Sutton of the 6th Circuit Court of Appeals. The discussion ranges far and wide but includes a focus on a subject we don’t talk enough about: state constitutional law. Show Notes: -“51 Imperfect Solutions: States and the Making of American Constitutional Law” by Judge Jeffrey Sutton -“Who Decides?: States as Laboratories of Constitutional Experimentation” by Judge Jeffrey Sutton -Revisionist History: “The Tortoise and the Hare” Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah spend serious time talking about social media censorship, modern "public squares," and the ability of Texas and Florida to moderate Twitter and Facebook. They also dive into the legality of picketing at home, answer listener questions, and start a conversation about abortion and philosophy that they'll finish live and in-person in Miami on Monday. Show Notes: -Manhattan Community Access Corp. v. Halleck -Washington Post: “Yes, experts say protests at SCOTUS justices’ homes appear to be illegal” Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David talk more about the leaked draft opinion in Dobbs, but this time with a First Amendment twist. Activists have encouraged protesters to demonstrate outside the homes of the conservative Supreme Court justices. Does it violate the First Amendment to ban protests outside a justice’s home? Is it dangerous and foolish even if it’s lawful? Also, they track the political fallout and discuss three very different polls. Each of them is interesting. One of them is an outlier. Show Notes: -Washington Post: “How the future of Roe is testing Roberts on the Supreme Court” -Reason: “Washington Post Reports On More SCOTUS Leaks” -Pew: “America’s Abortion Quandary” Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah spend more time on the leaked draft opinion by Justice Samuel Alito on Dobbs and ask the question: If Alito's opinion holds, what does that mean for gay marriage? They also discuss last week's Supreme Court ruling that the city of Boston violated the First Amendment by refusing to fly a Christian group’s flag and then discuss "After School Satan" more than any podcast in human history. They finish with a discussion of a great concurrence in an infuriating case. Show Notes: -G-File: “Why Joe Biden Hates Saying the A-Word” -Sarah in Politico: “Abortion Might Not Be the Wedge Issue It Used to Be” -David in The Atlantic: “What Alito Got Right” -Shurtleff v. Boston -Wearry v. Foster Learn more about your ad choices. Visit megaphone.fm/adchoices

In an emergency podcast, David and Sarah discuss the leak of Justice Samuel Alito’s abortion opinion. Why did someone leak it? What are the ramifications for the Supreme Court? What should we make of Alito's opinion? What are the political consequences? All that and more in an unprecedented emergency pod for an unprecedented Supreme Court leak. Show Notes: -Politico: “Supreme Court has voted to overturn abortion rights, draft opinion shows” -TMD: “Supreme Court Reportedly Poised to Overturn Roe v. Wade” Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah talk about the Supreme Court as they discuss the fate of Trump's Migrant Protection Protocols, talk about yet another win for the First Amendment, and revisit Coach Kennedy's prayers. Then they move on to analyze one of the wildest and strangest qualified immunity cases yet and the prospects of Florida's social media censorship bill. Sarah ends with a potpourri of topics, including tales from the White House Correspondents Association dinner. Show Notes: -Shurtleff v. Boston -Biden v. Texas -David in The Atlantic: “Let Coach Kennedy Pray” -Supreme Court bingo -SCOTUSblog: “In sequel to McGirt, justices will again review scope of state prosecutorial power in Indian country” -Washington Post: “The suspect told police ‘give me a lawyer dog.’ The court says he wasn’t asking for a lawyer.” -Eleventh Circuit oral arguments recordings Learn more about your ad choices. Visit megaphone.fm/adchoices

It's a glorious podcast today as David and Sarah talk about a praying football coach, Miranda rights, and the hottest Supreme Court justices. They answer a key constitutional question: how undead is the Lemon Test? Show Notes: -SCOTUSblog: “Can you sue the police for Miranda violations?” -Kennedy v. Bremerton School District -PBS: “Chief Justice Roberts’ emotional tribute to retiring Justice Breyer” -Hottest Supreme Court justices? Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David talk about the First Amendment, 14th Amendment, Puerto Rico, and progressive legal philosophy. They start with a big Supreme Court case that makes David fall asleep, move on to Clarence Thomas' musings, and then finish with an enlightening and interesting conversation with Steve Vladeck, law professor at the University of Texas, about the shadow docket, Kagan originalism, and much, much more. Oh, and David ends with a movie recommendation. Since his pop culture recommendations are infallible, you'll want to listen to the end. Show Notes: -City of Austin v. Reagan National Advertising of Austin, LLC -Hill v. Colorado -United States v. Vaello Madero -New York Times: “Roberts Has Lost Control of the Supreme Court” -The Unbearable Weight of Massive Talent trailer Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah dive into the nationwide injunction ending the Biden administration's travel mask mandate, with Sarah adopting a "nope, yep, yep" approach to the decision and David countering with a "nope, yep, nope." They also discuss Gov. Ron DeSantis and the First Amendment and conclude with a rather amusing example of Uber getting exactly what it asked for… and not liking it at all. Show Notes: -Decision that struck down the federal mask mandate -David Latt: “Musings On Mizelle's Mask-Mandate Magnum Opus” -Ilya Somin: “Federal Court Rules Against CDC Transportation Mask Mandate” -Andrew McCarthy: “What’s Wrong and What’s Right about Judge Mizelle’s Mask-Mandate Decision” -O'Hare Truck Service, Inc. v. City of Northlake, 518 U.S. 712 -Bloomberg: “Trump Lawyer Sticks Uber With $91 Million Arbitration Bill for 'Reverse Bias' Claims” Learn more about your ad choices. Visit megaphone.fm/adchoices

In a glorious pod about which songs will be sung and tales will be told, Sarah and David talk about our puzzling and arbitrary death penalty, briefly discuss a pronoun case, and then talk about change. Why aren't we the people we were 10 years ago? Finally, they ask and answer the question: Do we need more trial lawyers on the Supreme Court? Show Notes: -Supreme Court order list -Love v. Texas -French Press: “American Racism: We’ve Got So Very Far to Go” -National Review: “How the Supreme Court Became the Province of Cloistered Elites” Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah start with a short talk about Elon Musk and his quest to buy Twitter, then talk about a fascinating 6th Circuit concurrence that's the best two-page explainer of nationwide injunctions that's available anywhere, and they wind up with an extended discussion of library book bans, and how to judge what's best for kids. Show Notes: -House passes bill to honor Sandra Day O'Connor and Ruth Bader Ginsburg -Arizona, et al. v. Biden, et al. -PEN America: “Banned in the USA: Rising School Book Bans Threaten Free Expression and Students’ First Amendment Rights” Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David address the very interesting announcement that Elon Musk won’t be joining Twitter’s board, including the clues about the reason that are not-so-hidden in Twitter’s announcement. They also discuss the acquittals in the alleged kidnapping plot of Michigan Gov. Gretchen Whitmer, and they talk to Catholic University law professor Joel Alicea about his new law review article, “The Moral Authority of Original Meaning.” Sarah ends the podcast with an interesting question. Show Notes: -Joel Alicea: “The Moral Authority of Original Meaning” -“Why We Are Restless: On the Modern Quest for Contentment” by Benjamin Storey and Jenna Silber Storey Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah talk about a fascinating Supreme Court case that no one is discussing, unleash again on Yale Law School, and then spend the last few minutes on Sarah’s game show idea—a revolutionary combination of social science and dating advice. Plus, book recommendations! Show Notes: -Louisiana v. American Rivers -Thompson v. Clark -“Rethinking Sex: A Provocation” by Christine Emba -David in The Atlantic: “Consent Was Never Enough” -Christine Emba: “Consent is not enough. We need a new sexual ethic.” -“Powers and Thrones: A New History of the Middle Ages” by Dan Jones Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah have much to discuss in today's podcast. They walk through a troubling 4th Circuit decision on race-motivated changes to a Virginia school's admissions policy, discuss a huge defamation verdict against Oberlin College, dive into the Disney wars in Florida, and finish with a quick (fake) legal battle over the titanic Duke/UNC clash at the Final Four. Show Notes: -Coalition for TJ v. Fairfax County School Board -Gibson's Bakery v. Oberlin College -UNC law students got results Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah dive back into the free speech controversy at Yale and parse the difference between a statement being “disappointing,” “so disappointing,” and “bonkers town disappointing.” Then they talk about whether Trump committed a crime when he demanded that Mike Pence follow John Eastman’s legal advice. They end with a bit of fragrant Supreme Court potpourri that smells slightly like bacon. Show Notes: -A Message From Dean Gerken on the March 10 Protest -Eastman v. Thompson -Berger v. North Carolina State Conference of the NAACP -Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith -National Pork Producers Council v. Ross Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah welcome a special guest, Seth Kretzer, the lawyer who argued and won Ramirez v. Collier, the Supreme Court term’s biggest religious liberty case (so far). Sarah and David also talk about Ginni Thomas’s texts, vaccines at the Supreme Court (again), free speech, and Will Smith. Show Notes: -David in The Atlantic: “The Worst Ginni Thomas Text Wasn’t From Ginni Thomas” -Houston Community College System v. Wilson -Ramirez v. Collier Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah discuss Ketanji Brown Jackson’s Supreme Court confirmation hearings and a disruption at Yale Law School. They drill down on claims that Judge Jackson is soft on child porn crimes and amplify their objection to both intolerant students and cowardly administrators. Throughout the podcast, a courageous Sarah fights through COVID to podcast in the face of adversity. Show Notes: -The Dispatch: “Ketanji Brown Jackson Weathers a Marathon Day Two” -National Review: “Senator Hawley’s Disingenuous Attack against Judge Jackson’s Record on Child Pornography” -National Review: “Ho-Hum: The Cases Senator Hawley Cites Show Judge Jackson Is an Unremarkable Sentencer in Child-Porn Cases” -Washington Post: “Josh Hawley’s misleading attack on Judge Jackson’s sentencing of child-porn offenders” -Original Jurisdiction: “Free Speech At Yale Law School: One Progressive's Perspective” Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah discuss red state crime rates versus blue state crime rates, environmental law as a vehicle for rescuing the American constitutional structure, why senators make better presidential candidates than they used to, and the evolutionary psychology behind bad gamer behavior. Show Notes: -Axios: Dem group points to "Red State Murder Problem" -Massachusetts v. Environmental Protection Agency -SCOTUSblog: Greenhouse gases and “major questions”: Justices to hear argument on EPA’s power to tackle climate change Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah hit a ton of topics in today’s podcast, but with an emphasis on state law, including some terribly drafted state laws. They start with the latest on that abortion law in Texas, move on to an abortion law in Missouri, and then discuss the avalanche of misleading commentary about Florida’s so-called “don’t say gay” law (including how "don't say gay" is itself misleading). They wind up talking about teachers' free speech rights, pronouns, and critical race theory. Show Notes: -Baby Got Brief lyrics -New York Times: “Most Women Denied Abortions by Texas Law Got Them Another Way” -National Review: “The New York Times Misleads on Texas Abortion Trends” -New York Times: “Texas Supreme Court Shuts Down Final Challenge to Abortion Law” -CNN: “A Kansas teacher is suing school officials for requiring her to address students by their preferred names, saying the policy violates her religious freedom” Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s episode, Sarah and David spend serious time discussing the Supreme Court’s latest voting rights decision, then they launch into their long-awaited, much anticipated analysis of Ketanji Brown Jackson’s “most controversial” opinion (spoiler alert: it’s not that controversial). They end with a chat about free speech on campus and why the culture matters. Show Notes: -Revisiting the History of the Independent State Legislature Doctrine -Eradicating Bush-League Arguments Root and Branch: The Article II Independent-State-Legislature Notion and Related Rubbish -Merrill v. Milligan -Moore v. Harper -Arizona State Legislature v. Arizona Independent Redistricting Comm’n -Rucho v. Common Cause -Make The Road New York v. McAleenan -Make The Road New York v. Wolf Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah talk about five, yes, five Supreme Court opinions, including cases involving criminal law, state secrets, and social media moderation. They mainly focus on a fascinating case that asks, when are ten crimes one crime? Show Notes: -Wooden v. United States -United States v. Tsarnaev -Cameron v. EMW Women’s Surgical Center, P. S. C. -United States v. Zubaydah -Supreme Court Order List Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s episode, David and Sarah start with a Supreme Court update that features cases about adoption and religious freedom before moving on to an extensive discussion of a court filing contesting John Eastman's claims of attorney-client privilege. Does this filing indicate that Donald Trump committed a crime? Also David and Sarah briefly discuss international law and whether European Union membership for Ukraine would mean that the EU would have to fight for Kyiv. Finally, Sarah ends the podcast with the first date story the listeners all wanted to hear. Show Notes: -Egbert v. Boule oral argument transcript -January 6 court filing -Eastman and Gregory email exchange -SCOTUS-Toons Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah discuss a new case striking down a high school admissions policy in Virginia, digress into a talk about the power of Ukrainian courage, and then return to the law to talk about Clarence and Ginni Thomas and conflicts of interest. They finish with an extended discussion of the role of legislation in regulating the dissemination and discussion of ideas in public schools. Show Notes: -Coalition for TJ v. Fairfax County School Board -Volodymyr Zelenskyy on the Ukrainian version of Dancing with the Stars -Washington Examiner: “The media's war on Clarence and Ginni Thomas” Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah take a trip to New Haven to speak with the law students of Yale University. It’s another packed show. The Supreme Court heard oral argument in a case that dealt with whether a state can defend a rule when the United States stops doing so. Plus, they discuss public-accommodation law and a redistricting lawsuit in Arkansas, but that’s not all, sparks fly when our hosts open the floor for questions. Show Notes: -Arizona v. City and County of San Francisco, California -303 Creative LLC v. Elenis -Arkansas State Conference NAACP v. Arkansas Board of Apportionment -David in The New York Times: “We Disagree on a Lot of Things. Except the Danger of Anti-Critical Race Theory Laws.” Learn more about your ad choices. Visit megaphone.fm/adchoices

Today’s podcast is more fast-paced than the NBA All-Star game. David and Sarah talk about the Supreme Court and immigration, Trump and free speech, vaccines and drama in the Fifth Circuit, qualified immunity, and no podcast would be complete without a quick conversation about treason. Buckle up, this pod never slows down. Show Notes: -Fifth Circuit opinion -Eleventh Circuit opinion -Scott’s law review article: “Qualified and Absolute Immunity at Common Law” Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah are amazed by developments in the Sarah Palin trial, and they explain why. They discuss some excellent commentary on the latest Durham allegations, and spend some time talking about Florida's "don't say gay" law and wonder whether it might have constitutional problems. They end with the Rule 22.4 discussion that the people demand. Show Notes: -Andrew’s piece: “Making Sense of the Latest Clinton-Trump-Russia Court Filing” -Julian Sanchez’s thread on the Durham filing -Letter asking Justice Gorsuch to block New York City’s vaccine mandate -Rule 22. Applications to Individual Justices Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s episode, David and Sarah pop from topic to topic, including a discussion of a very strange letter, a brief foray into the Electoral Count Act, a few observations about the Trump top secret document revelations and the most recent John Durham filing. They wrap up with Olympic nonsense. The Russians are at it again. Show Notes -Judge Clemon's letter to President Biden -J. Michael Luttig: “The Conservative Case for Avoiding a Repeat of Jan. 6” -Latest John Durham filing -Reuters: “Anti-doping agencies, IOC brace for drawn-out Valieva case” Learn more about your ad choices. Visit megaphone.fm/adchoices

It's a day of disagreement! David and Sarah walk through a critical Supreme Court voting rights case, and come out in a different place. They walk through the Sarah Palin trial, and come out in a different place. But then, unity reigns when Sarah concludes the podcast by dunking on Russia and hanging on the rim. Show Notes: -Merrill v. Milligan -Purcell v. Gonzalez -Section 2 of the Voting Rights Act: Vote Dilution and Vote Deprivation -Slate: “Sarah Palin Takes the Stand” -Washington Post: “Palin trial exposes the allure of ‘both sides’ journalism” Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s episode, David and Sarah dive into multiple issues. Is Ketanji Brown Jackson still Biden's frontrunner? Also, she wrote her first D.C. circuit opinion. What does it say about her jurisprudence? They also talk about an odd case about Yelp reviews before turning to more serious subjects--deadly no-knock raids and once more about NFL coaches, and how cultures can develop unfair systems. Show Notes: -Reason: “Judge Ketanji Brown Jackson's First Circuit Court Opinion” -Politico: “Former clerk rewrites SCOTUS contenders’ Wikipedia bios” Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah talk about all aspects of Brian Flores's lawsuit against the NFL, with a deep dive into law and culture. They then turn to he who shall not be named and pour water on a specious vision of the apocalypse. They wind up with an impromptu discussion of Whoopi Goldberg, Roseanne Barr, grace, and accountability. Show Notes: -Brian Flores's NFL lawsuit -David in The Atlantic: “The NFL Has a ‘Good Ol’ Boy’ Problem” -New York Times: “Cawthorn Challenge Raises the Question: Who Is an ‘Insurrectionist’?” -Politico: “Biden vs. Trump: The Makings of a Shattering Constitutional Crisis” -Representative Victor Berger of Wisconsin, the First Socialist Member of Congress Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s episode, Sarah details yet another animal rescue because of course. Then David and Sarah dive into the Electoral Count Act and a mixed-up, messed-up Supreme Court case about pulling books from school libraries. And finally, can Sarah get David to talk about Rep. Madison Cawthorn? Show Notes: -Sarah rescues a hawk -Wall Street Journal: “Congress Sowed the Seeds of Jan. 6 in 1887” -New York Times: “Book Ban Efforts Spread Across the U.S.” -Board of Education, Island Trees Union Free School District No. 26 v. Pico by Pico Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah respond to all the questions about Justice Stephen Breyer's retirement and replacement. Who are the leading candidates? Why is all the talk about Justice Kamala Harris or Justice Michelle Obama a bunch of rubbish? Do we expect any real change in the philosophical composition of the court? They wind up with a discussion of seditious conspiracy and all the reasons why it's tough to charge anyone with trying to overthrow the government. Show Notes: -Laurence Tribe: “No hiding behind Pence's skirt on the Supreme Court nomination” -Office of Legal Counsel Equal Rights Amendment memo -David in The Atlantic: “Georgia Has a Very Strong Case Against Trump” -DOJ: Leader of Oath Keepers and 10 Other Individuals Indicted in Federal Court for Seditious Conspiracy and Other Offenses Related to U.S. Capitol Breach -Reuters: “Hutaree militia walk from jail after charges dismissed” -18 U.S. Code § 2381 - Treason -18 U.S. Code Chapter 73 - Obstruction of Justice -18 U.S. Code § 2384 - Seditious conspiracy Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah celebrate 200 episodes with a discussion of two key college admissions cases the Supreme Court took up. Plus, they preview Sarah Palin’s defamation trial, and look at a circuit court judge’s unusual opinion. Show Notes: -Students for Fair Admissions Inc. v. President & Fellows of Harvard College -CNN: “Why the Sarah Palin v. New York Times trial will be an 'excruciating experience' for the paper” -Judge VanDyke’s Ninth Circuit opinion Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah break down "Maskgate," the claim that Justice Neil Gorsuch refused to show basic courtesy to Justice Sonia Sotomayor by refusing to wear a mask and find the claims wanting. They ask, "When a report seems to fall apart, what should a reporter do?" They also talk about how Sarah is setting Supreme Court precedents, wonder if a Satanist flag will soon fly over Boston, and discuss for just a few seconds Ted Cruz's very, very boring case at the Supreme Court. They close, however, with a dash of English cultural history that you won't want to miss. Show Notes: -Nina Totenberg’s mask story at NPR -Statement from Justices Sotomayor and Gorsuch -Statement from Chief Justice Roberts -Trump v. Thompson -Advisory Opinions: “January 6 and Executive Privilege” -Shurtleff v. Boston oral argument transcript -Federal Election Commission v. Ted Cruz for Senate oral argument transcript Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s episode, David and Sarah take a quick look at an intriguing cert grant at the Supreme Court and then dive into a fascinating discussion about amending the Constitution with University of Texas law professor Sanford Levinson. He thinks the Constitution has some structural problems, and David and Sarah walk through his critiques. By the end, they ask, is there any constitutional reform that can save us if we’re determined to be dysfunctional? Show Notes: -Sarah in Politico: “It’s Time to Amend the Constitution” -Levinson: “The Iron Cage of Veneration” -Levinson explains The Democracy Constitution project -Democracy: “A New Constitution for The United States” -Levinson: “The Price of an Unchanging Constitution” Learn more about your ad choices. Visit megaphone.fm/adchoices

It's an emergency podcast! (Well, at least in part). David and Sarah recorded a mailbag podcast Thursday morning, complete with fretting about when the Supreme Court would rule in the vaccine mandate cases. Then, SCOTUS ruled! So this podcast keeps the mailbag and cuts the fretting. Instead David and Sarah spend the first half walking through the vaccine opinions. It's exactly the kind of conversation that everyone loves, a deep discussion of administrative law. Show Notes: -NFIB v. OSHA -Biden v. Missouri Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s episode, David and Sarah do a deep, deep dive into the vaccine mandate oral arguments at the Supreme Court. Sarah walks us through the HOP's (husband of the pod) arguments, and she and David decide the vital question of which basketball analogy to use to describe the likely outcome. They also take a quick look at the health care worker mandate and make their predictions. Show Notes: -Biden v. Missouri oral argument -Nat. Fed'n of Indep. Bus. v. Dept. of Labor oral argument -Wall Street Journal article with sketch of Scott -SCOTUSblog: “Court seems poised to block vaccine-or-test policy for workplaces but may allow vaccine mandate for health care workers” -Reason: “Sloppy Arguments Over COVID Mandates at SCOTUS” Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s episode, David and Sarah start with a husband-of-the-pod update, debate a federal district court judge’s ruling temporarily granting more than two dozen Navy SEALs a religious exemption from the Navy’s COVID vaccine mandate, and spend the lion’s share of their time talking about the infernal Electoral Count Act and saving America from electoral chaos. Show Notes: -U.S. Navy SEALs 1-26 v. Joseph R. Biden, Jr. -French Press: “Stop Screwing Around and Reform the Electoral Count Act” -Reason: “How Justices Scalia, Sotomayor, and Breyer Inscribed Books to RBG” Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah talk about everything from COVID, to goat rescues, to the Supreme Court, to TikTok in this wide-ranging first pod of 2022. Do you wonder how you rescue a goat? Why is John Roberts the most popular federal official in the land? Is it lawful to discriminate on the basis of race in medical treatment? What's it like to live with a person who's set to argue the biggest SCOTUS case of the new year? Are kids on TikTok fair game for the media? If these are your questions, this podcast has the answers. Show Notes: -NY State Department of Health eligibility for Paxlovid or Monoclonal Antibody Treatment Learn more about your ad choices. Visit megaphone.fm/adchoices

On our last podcast of the year, Sarah takes you to the 2021 National Lawyers Convention at the Mayflower Hotel in Washington, D.C., and introduces you to a dozen judges from all levels of the judiciary. You get a little law, singing, bourbon and bullets, and some important advice for law students. Did you expect David and Sarah to end the year any other way? Show Notes: -Give someone a Dispatch subscription this Christmas -"We'll Be Back" by Judge Elrod and Judge Eskridge -Read David in The French Press -Read Sarah in The Sweep Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah dive back into vaccine mandates, as the CMS mandate for health care workers and the OSHA guidelines for private businesses head to the Supreme Court. Then it’s First Amendment and compelled speech time at the 5th circuit with a student from Sarah’s rival high school from back in her football orchestra days. This case has it all: free speech, communists, and Bruce Springsteen. It's also a conversation about the similarities— and differences—with one of David’s long-time favorite cases: West Virginia v. Barnette. Show Notes: -6th Circuit upholds vaccine mandate -Reason: “Biden Administration Imposes Vaccine Mandate on Health Care Facilities that Participate in Medicare or Medicaid” -Reason: “Health Care Worker Vaccine Mandate Reaches the Supreme Court” -Oliver v. Arnold -Born in the U.S.A. lyrics Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s episode, Sarah and David discuss the Supreme Court's decision not to enjoin the New York vaccine mandate for health care workers and focus on a very interesting, super-intriguing dissent. Then, they have a conversation with Virginia Solicitor General Michelle Kallen about the Equal Rights Amendment, its ratification by Virginia, and whether the ERA is now part of the Constitution. Finally, with the help of a listener, they finally realize that Sarah's name is a sentence. Show Notes: -Dr. A v. Hochul -Virginia v. Ferriero Learn more about your ad choices. Visit megaphone.fm/adchoices