Advisory Opinions

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

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

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

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

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

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

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

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

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

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

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

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

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