Advisory Opinions
267 episodes - English - Latest episode: over 1 year ago - ★★★★★ - 2.7K ratingsAdvisory Opinions is a new podcast from The Dispatch. Hosts David French and Sarah Isgur have a weekly conversation about the law, culture, and why it matters.
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Episodes
Kevin Stroud Talks the History of English
August 11, 2022 07:00 - 53 minutes - 48.8 MBKevin Stroud, creator and voice of the History of English podcast, joins David and Sarah for an exciting deep dive into the history of the English language and the roots of legalese. Stroud traces the complex history of Old English, Old Norse, French, and Latin words within the American legal system, and details the story behind the first written Old English code of law. Plus: What roles do poetry and alliteration play in the court? And why does language evolve so much over time? Show No...
FBI Searches Trump's Home: What Does it Mean?
August 09, 2022 20:00 - 44 minutes - 41 MBSarah and David get together for an emergency episode to discuss the FBI’s search of former President Donald Trump’s home at Mar-a-Lago on Monday. What does it all mean? How does a federal investigation of a senior official work, and what happens next? Plus: some possible theories and explanations that might shed some light on the events of yesterday. Show Notes: -TMD: The FBI Raids Trump’s Home -Andy McCarthy in National Review: The FBI’s Mar-a-Lago ‘Raid’: It’s about the Capitol Ri...
Shouting Fire in a Crowded Theater
August 09, 2022 07:00 - 1 hour - 57.4 MBSarah and David tackle the events of last week: the verdict in the Alex Jones case, and the story of Breonna Taylor and the court’s surprising indictments of several police officers. Should there be monetary limits on punitive damages? And why, in this day and age, does everything need to be entertaining? Plus: Our hosts explore what court precedent actually lurks behind the concept of shouting “Fire!” in a crowded theater. Show Notes: -New York Times: What To Know About Breonna Taylor’...
Justice Department Sues Idaho Over Abortion Law
August 04, 2022 07:00 - 59 minutes - 54.9 MBSarah and David have a lot to talk about as the midterm primaries wrap up and federal lawsuits are filed stateside. What is former President Trump’s role in the midterm elections, or does he even have one? Also on the agenda: near-total abortion bans and pro-life amendments face a difficult path in Idaho and Kansas, and Justice Samuel Alito goes to Rome. Show Notes: -The Sweep: What We Learned -Blake Masters campaign ad -Washington Post: Justice Dept. sues Idaho over near-total aborti...
Steven Pressfield on Writing Historical Fiction
August 02, 2022 07:00 - 55 minutes - 51.1 MBIt’s August, and so David and Sarah are taking a break from court coverage and legal issues. Steven Pressfield, author of A Man at Arms, joins Sarah and David to kick off the month with a deep dive into what it’s like to write historical fiction set in the ancient world. Pressfield explains his mechanisms for creating fascinating stories and three-dimensional characters. What is the key to bringing history back to life? Plus: Steven gives some tried-and-true advice to aspiring writers. S...
Judge Rudofsky Talks Corpus Linguistics
July 28, 2022 09:00 - 1 hour - 61.8 MBArkansas federal district judge Lee Rudofsky joins Sarah and David to give a guided tour of corpus linguistics, a recent but fascinating tool for jurists. How do corpus linguistics help define constitutional concepts and definitions? Plus, our hosts pick apart an article about the possible leaker of the Dobbs v. Jackson Women’s Health opinion. Show Notes: -Wilson v. Safelite -New York State Rifle & Pistol Assn., Inc. v. Bruen -Salt Lake City Corp. v. Haik -Muscarello v. United States...
Judge Luttig Talks Electoral Count Act Reform
July 26, 2022 07:00 - 1 hour - 55.8 MBFormer 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 Januar...
A Conversation About Academic Freedom
July 21, 2022 08:00 - 58 minutes - 53.8 MBDavid 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: A...
Akhil Amar Talks Liberal Originalism
July 19, 2022 07:00 - 55 minutes - 51.1 MBSarah 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 thin...
Twitter Sues Elon Musk to Force Acquisition
July 14, 2022 07:00 - 1 hour - 58.7 MBDavid 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
Supreme Court Term Wrap Up with Kannon Shanmugam
July 12, 2022 07:00 - 1 hour - 60.8 MBDavid 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
Revisiting the Coach Kennedy Case with Hiram Sasser
July 07, 2022 18:00 - 1 hour - 97.8 MBDavid 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 shou...
Supreme Court Wraps Up Term with EPA Decision
July 05, 2022 20:00 - 1 hour - 83.7 MBLast 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 ...
Supreme Court Narrows 2020 Ruling on Tribal Lands
June 30, 2022 09:00 - 55 minutes - 76 MBOn 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: “Th...
Praying Football Coach Wins at Supreme Court
June 28, 2022 07:00 - 1 hour - 94.7 MBThe 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:...
Supreme Court Overturns Roe and Casey
June 25, 2022 00:15 - 1 hour - 108 MBThe 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 m...
Supreme Court Strikes Down New York Gun Law
June 24, 2022 07:00 - 1 hour - 121 MBThe 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. B...
Supreme Court Rejects Ban on Public Money for Religious Schools
June 22, 2022 07:00 - 56 minutes - 77.5 MBSarah 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. ...
Supreme Court Dismisses GOP Immigration Rules Challenge
June 16, 2022 07:00 - 59 minutes - 81.4 MBSarah 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? ...
Supreme Court Rules in Double Jeopardy Case
June 14, 2022 07:00 - 1 hour - 87.3 MBDavid 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 -AE...
Man Charged with Attempted Murder of Justice Kavanaugh
June 09, 2022 07:00 - 1 hour - 85.9 MBEarly 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 Cl...
Dipping Into the Mailbag
June 07, 2022 07:00 - 1 hour - 89.1 MBDavid 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”
Supreme Court Blocks Texas Social Media Law
June 02, 2022 22:45 - 1 hour - 91.7 MBDavid 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 -Sar...
Sex Abuse in the Church
May 27, 2022 07:00 - 1 hour - 102 MBDavid 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 H...
Mass Shootings and the Law
May 26, 2022 07:00 - 56 minutes - 77.6 MBDavid 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...
Making Sense of the Depp v. Heard Trial
May 20, 2022 07:00 - 1 hour - 87.5 MBAt 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 ...
A Conversation with Chief Judge Sutton
May 16, 2022 21:15 - 55 minutes - 75.6 MBIt’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 Hist...
Texas Social Media Law Goes to Court
May 14, 2022 19:45 - 1 hour - 88.4 MBDavid 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’ ho...
Dobbs Fallout with a First Amendment Twist
May 09, 2022 22:00 - 1 hour - 94.5 MBSarah 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 ...
Making Sense of the Supreme Court Leak Part II
May 05, 2022 21:15 - 1 hour - 88.1 MBDavid 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...
Making Sense of the Supreme Court Leak
May 03, 2022 20:00 - 1 hour - 88.1 MBIn 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 Ove...
Supreme Court Hears Migrant Protection Protocols Case
May 03, 2022 08:00 - 1 hour - 101 MBDavid 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. Bo...
Supreme Court Hears Football Coach Prayer Case
April 29, 2022 09:00 - 1 hour - 102 MBIt'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?
Professor Vladeck Talks Progressive Legal Philosophy
April 26, 2022 07:00 - 1 hour - 67.5 MBSarah 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 recommendation...
Federal Judge Strikes Down Mask Mandate
April 22, 2022 07:00 - 1 hour - 57.7 MBDavid 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 M...
How and Why We Change
April 18, 2022 22:45 - 50 minutes - 46.4 MBIn 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 Su...
That Nationwide Injunctions Concurrence
April 15, 2022 11:15 - 1 hour - 61.2 MBDavid 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: Ris...
The Argument for Originalism
April 12, 2022 09:00 - 1 hour - 56.4 MBSarah 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 N...
Supreme Court Rules in Malicious Prosecution Case
April 08, 2022 07:00 - 1 hour - 61.1 MBDavid 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...
Thomas Jefferson Admissions Can Remain For Now
April 05, 2022 07:00 - 1 hour - 65 MBDavid 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 re...
The Crime-Fraud Exception
April 01, 2022 07:00 - 1 hour - 58.5 MBDavid 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 -Ber...
Religious Liberty and the Execution Chamber
March 29, 2022 08:00 - 1 hour - 73.5 MBDavid 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
Ketanji Brown Jackson Confirmation Hearings Takeaways
March 25, 2022 07:00 - 1 hour - 60.6 MBDavid 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 Haw...
Environmental Law Has 'Major Questions'
March 18, 2022 07:00 - 56 minutes - 52 MBOn 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 ...
Baby Got Brief
March 14, 2022 20:45 - 1 hour - 58.2 MBDavid 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...
State Courts, Voting Maps, and the Supreme Court
March 10, 2022 23:00 - 1 hour - 65 MBOn 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...
Cosby, Wooden, and the Supreme Court's Busy Day
March 08, 2022 08:00 - 1 hour - 60.9 MBOn 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
January 6 Committee Alleges ‘Criminal Conspiracy’
March 03, 2022 23:30 - 1 hour - 62.5 MBOn 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...
Judge Strikes Down High School's Racial Balancing Policy
February 28, 2022 22:45 - 1 hour - 73.9 MBOn 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 ...
David and Sarah at Yale
February 25, 2022 08:00 - 1 hour - 73.5 MBOn 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 Francisc...