Advisory Opinions
267 episodes - English - Latest episode: almost 2 years 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
Supreme Court to Review ‘Remain in Mexico’
February 22, 2022 08:00 - 1 hour - 73.4 MBToday’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”
What Were You Thinking?
February 17, 2022 23:00 - 1 hour - 60.7 MBOn 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 t...
Judge's Letter Fails to Disclose Conflict of Interest
February 14, 2022 23:00 - 1 hour - 69.9 MBOn 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 -Reut...
Supreme Court Restores Alabama Voting Map
February 11, 2022 00:15 - 1 hour - 74.6 MBIt'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” -Washingt...
New Supreme Court Frontrunner?
February 08, 2022 08:00 - 1 hour - 64.9 MBOn 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: ...
NFL Faces Racial Discrimination Lawsuit
February 04, 2022 08:00 - 1 hour - 71.5 MBOn 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 Raise...
Electoral Count Act! Here We Go Again
February 01, 2022 08:00 - 1 hour - 58.9 MBOn 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 Un...
Justice Stephen Breyer to Retire
January 28, 2022 08:00 - 1 hour - 62.1 MBOn 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: -Laur...
Supreme Court to Hear Affirmative Action Challenge
January 25, 2022 10:00 - 1 hour - 57 MBOn 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
Maskgate at the Supreme Court
January 20, 2022 23:00 - 1 hour - 68.7 MBOn 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. T...
Amending the Constitution with Professor Levinson
January 17, 2022 23:30 - 1 hour - 66.2 MBOn 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...
Supreme Court Blocks Vaccine Mandate
January 14, 2022 08:00 - 1 hour - 90.4 MBIt'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. OSH...
Inside a Supreme Court Argument
January 10, 2022 23:45 - 1 hour - 77.8 MBOn 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 ...
Revisiting the Electoral Count Act
January 06, 2022 23:30 - 1 hour - 56.2 MBOn 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...
Welcome to the Goat Rodeo
January 03, 2022 23:45 - 1 hour - 66.5 MBDavid 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 podcas...
Live from the Mayflower Hotel: An AO Holiday Special
December 23, 2021 20:30 - 48 minutes - 44.4 MBOn 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...
Vaccine Mandate Reaches Supreme Court
December 20, 2021 23:00 - 1 hour - 59.2 MBOn 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 Davi...
Is the ERA part of the Constitution?
December 17, 2021 00:15 - 1 hour - 68.5 MBIn 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 ...
Supreme Court Texas Abortion Law Ruling Said What?
December 13, 2021 20:30 - 52 minutes - 48.2 MBIf you woke up this morning thinking about Jussie Smollett, the Texas abortion law, California gun rights, and California vaccine mandates, then this is the podcast for you. David and Sarah dive into a legal issue that might overturn Smollet’s conviction, analyze the Supreme Court’s decision to permit a very narrow facial challenge to S.B. 8, discuss Gavin Newsom’s swing-and-miss, and wrap up the main portion of the pod with a discussion of vaccine mandates in San Diego schools. Show Not...
Supreme Court Weighs Ban on State Aid to Religious Schools
December 10, 2021 08:00 - 1 hour - 61.2 MBDavid and Sarah have another action packed pod. First, the US Solicitor General weighs in on whether the Court should hear the case about whether Harvard’s admission policy violates race discrimination laws. Then they talk about a case that was argued this week at the Court that looked at (once again) whether states could refuse to allow voucher money to go to religious schools. Then the 9th Circuit had some feisty dissenting opinions when it upheld California’s ban on high capacity magazine...
Charging a School Shooter's Parents
December 07, 2021 00:15 - 1 hour - 64.2 MBOn today’s podcast, David and Sarah discuss charges in Michigan against a school shooter's parents, the possible demise of a key Supreme Court precedent (not Roe), and an intriguing new appeal to the Supreme Court. At the end of the podcast, Sarah answers her critics. Does she get as spicy as Alito? Show Notes: -Timeline of Michigan school shooting -NPR: “Parents of Michigan school shooting suspect are charged with involuntary manslaughter” -Sue and Settle report -New York Times: “Wh...
The End of Roe and Casey?
December 02, 2021 22:15 - 1 hour - 64.1 MBIt's an almost-all-Dobbs podcast, as David and Sarah discuss the oral argument that surprised the nation. Could Roe v. Wade and Planned Parenthood v. Casey actually fall? David and Sarah talk about the court's decision-making process from here and the history of judge-flipping post-argument, and they identify the key moments in yesterday's argument. Also, they give their listeners a vital challenge--and if they can meet that challenge, then Advisory Opinions will be the indisputable flagship...
Prior Restraint and Project Veritas
November 29, 2021 22:45 - 1 hour - 60.1 MBOn today’s podcast, David and Sarah open with the puzzling case of Project Veritas and James O'Keefe. Why is a New York appeals court appearing to let stand a prior restraint on the press? They then answer a fascinating reader mail question before wrapping up with an extended discussion of self-defense in the context of an incredibly troubling Texas shooting that was caught on tape. Show Notes: -Near v. Minnesota -New York Times Co. v. United States -University of Richmond Law Review:...
Understanding the Rittenhouse Verdict
November 23, 2021 08:00 - 1 hour - 63 MBOn today’s episode, David and Sarah take a deep dive into the Kyle Rittenhouse verdict with Damon Preston, Kentucky's Public Advocate and a criminal defense attorney with almost 30 years of experience. They discuss self defense law, the difference between the Rittenhouse trial and the trial of Ahmaud Arbery's killer, and the ways in which the criminal justice system could be reasonably reformed. Also, David exults in Mississippi's stinging defeat at the Supreme Court as the court turned back...
The Insular Cases
November 18, 2021 23:45 - 1 hour - 61.5 MBOn today’s show, David and Sarah bring Neil Weare, president and founder of Equally American, on the pod to teach us interesting things about the Constitution and history, with an emphasis on the unique history of American territories. And then Sarah and David dive into the controversies at Yale Law School and try to answer the question, "What the heck is going on?" Show Notes: -French Press: “An Airing of Grievances Against Diversity Training” -Reuters: “Yale Law students 'blackballed...
5th Circuit Extends Stay of Vaccine Mandate
November 16, 2021 08:00 - 56 minutes - 51.4 MBOn today’s podcast, David and Sarah dive into vaccine mandates, religious exemptions, and the Civil War. They analyze a recent court ruling blocking the Biden OSHA mandate, and then discuss what a “sincerely held religious belief” is in the eyes of the law. Finally, they conclude with a discussion of the Constitution, Abraham Lincoln, and whether he was an authoritarian who “broke” the Constitution before it was rebuilt by the Civil War amendments. Show Notes: -5th Circuit extends stay of ...
Supreme Court Weighs Death Row Prayer Wish
November 12, 2021 08:00 - 1 hour - 66.1 MBOn today’s podcast, David and Sarah talk to Erin Busby, Supreme Court co-counsel for John Ramirez in a critical death penalty religious liberty case. They walk through oral arguments and discuss the mysterious "silent justice." Then David and Sarah talk billboards. Yes, billboards. And they wrap with a discussion of misconceptions of self-defense and the Kyle Rittenhouse case. Show Notes: -Ramirez v. Collier oral argument -City of Austin, Texas v. Reagan National Advertising of Texas Inc....
5th Circuit Blocks OSHA's Vaccine Mandate
November 09, 2021 08:00 - 57 minutes - 52.7 MBOn today’s podcast, David and Sarah briefly preview key Supreme Court arguments before diving into the 5th Circuit's stay of the new Biden administration vaccine regulations, discuss the role of race in jury challenges (with an emphasis on jury selection in the Ahmaud Arbery murder case in Georgia), and finish with the latest developments in John Durham's investigation of the Trump-Russia investigation, complete with thoughts on the infamous Steele dossier. Show Notes: -5th Circuit blocks ...
New York Gun Law Faces the Supreme Court
November 06, 2021 07:00 - 1 hour - 70.9 MBOn today's episode, David and Sarah are on the road at the Howard H. Baker Jr. Center for Public Policy on the campus of the University of Tennessee. Before a live audience they discuss Supreme Court oral arguments in New York State Rifle and Pistol Association v. Bruen, a case challenging a New York law that places strict limits on carrying guns outside the home. Plus, David and Sarah share more thoughts on the Texas abortion law case before the Court, and they take audience questions.
Supreme Court Hears Texas Abortion Law Arguments
November 02, 2021 07:00 - 51 minutes - 47.1 MBOn today’s episode, David and Sarah react to the oral arguments in the Texas abortion law cases. The Supreme Court heard three hours of arguments in two different cases and from four different advocates. But after all of it, Sarah and David agree: it’s a mess…and it still doesn’t have anything to do with Roe v. Wade. They also discuss the latest grants, denials, and opinions coming down from the Court.
Parental Rights in Public Schools
October 28, 2021 22:15 - 1 hour - 57 MBOn today’s show, it's a battle of Generation X versus millennials versus Generation Z as Sarah and David shout, "You kids get off my lawn!" But before the cultural rant, they explore parental rights in public schools, discuss the mixture of church and politics, and talk about the Kyle Rittenhouse case and the law of self-defense. Then, and only then, does Sarah lament "kids these days." Show Notes: -TMD on ‘gain of function’ research -NPR “The Johnson Amendment In 5 Questions And Answers”...
Texas Abortion Law Gets Supreme Court Date
October 26, 2021 22:30 - 52 minutes - 48.5 MBOn today’s episode, David and Sarah celebrate the Supreme Court finally bending to their will and then preview the upcoming oral arguments regarding SB 8, the Texas abortion law. They then move on to a discussion of a wild case involving videotaping police, highlight Liberty University's problems with sexual assault, and then wonder whether an important free speech case is dead or just "mostly dead." Show Notes: -United States v. Texas -SCOTUSblog on oral arguments in the Texas abortion l...
Biden’s Supreme Court Commission Part II
October 21, 2021 21:30 - 59 minutes - 54.8 MBIt’s weeping and gnashing of teeth for David in today's podcast as the Supreme Court deals a devastating blow to his dreams of abolishing qualified immunity. But Sarah saves the AO crew from despair by conducting another Supreme Court symphony regarding the Biden commission. Come for the despair, stay for the analysis, and relish a deep dive into Supreme Court reform. Show Notes: -Supreme Court order list -Presidential Commission on SCOTUS
Biden’s Supreme Court Commission Said What?
October 18, 2021 23:30 - 1 hour - 75.2 MBWhat do court packers have in common with Hugo Chavez? Take a listen to this action-packed pod to find out. Sarah conducts a symphony of Supreme Court commission analysis, including guiding a walk through American legal history to explain the commission’s surprisingly conservative comments. David discusses the legal issues roiling the nation’s most controversial school district. Show Notes: -Presidential Commission on SCOTUS
The Curious Case of Jailing Children
October 15, 2021 07:00 - 1 hour - 65.5 MBOn today’s episode, we get a Supreme Court update from Sarah and not one but two entire Ted Talks from David. They cover a very obscure (yet interesting!) constitutional case, and then discuss two viral stories--one involving an elementary school and juvenile justice system in Tennessee, the other involving an absurd act of unfairness at Yale Law School. Our hosts talk poverty and privilege in the same pod. Oh, and Sarah winds it all up with a discussion of laches and estoppel that you don't...
January 6 and Executive Privilege
October 11, 2021 22:00 - 1 hour - 65.8 MBIt's executive privilege day on Advisory Opinions! After a brief update on the Texas abortion litigation, David and Sarah "dive right in" to a discussion of the January 6 commission subpoenas and the power of Donald Trump to use executive privilege to block testimony. Our hosts also talk about how "parents and pals" help debunk a Brett Kavanaugh conspiracy theory. And they wind up with a crazy clemency case that's likely to leave a man in prison because a Donald Trump sentence was just too a...
Manners Maketh a Pod
October 07, 2021 23:00 - 1 hour - 74.1 MBIn today's pod David and Sarah discuss a federal district court injunction against Texas's heartbeat bill, dive into the deep waters of Mississippi's unbearable aquatic greed, and discuss whether ten robberies is one "occasion" for crime or, well, ten. But that's not all! They also engage in a brief but spirited debate about whether the DOJ's letter about threats against school board members. The pod finishes by talking about manners. In an interesting way. We promise. Show Notes: Mississi...
Supreme Court is Back
October 05, 2021 18:30 - 1 hour - 63.2 MBOn this week’s episode, Sarah is back from the Galápagos Islands just in time for the Supreme Court’s fall term. David and Sarah jump right in, starting with a rather spicy speech from Justice Samuel Alito. Our hosts also discuss a case with conspiracy theorist Alex Jones, a professor who is suing UCLA, and the high court’s upcoming cases. Show Notes: -From SCOTUSblog: Alito blasts media for portraying shadow docket in “sinister” terms -Why I Am Suing UCLA, by Gordon Klein at Common Sense...
Nerds with Strong Opinions
September 27, 2021 22:45 - 1 hour - 61.5 MBIn a special edition of the podcast, David interviews his former colleague Greg Lukianoff, president of the Foundation for Individual Rights in Education. The two discuss the state of free speech on college campuses and why it’s not just a higher education issue, but one that also impacts workforces and the United States in general. And of course, lacking Sarah’s moderating influence, there are also some (relatively minor) descents into nerdery over Star Trek. Show Notes: -The Coddling of ...
Eastman Memo: It's Real and It's Not Spectacular
September 23, 2021 20:45 - 1 hour - 57.5 MBIn today’s episode, Sarah and David discuss a number of situations where events have proven their predictions true, starting with a challenge to the Texas abortion law and ending with a complaint over critical race theory. In between, our hosts also dissect the legal arguments underpinning the push to get Vice President Mike Pence to overturn the 2020 presidential election and discuss a new bill that would reign in presidential powers. Show Notes: -Alan Braid, Texas abortion doctor, sued o...
How to Get Away with Interstate Mail Fraud
September 20, 2021 19:00 - 1 hour - 58.2 MBOn today’s podcast, David and Sarah discuss a host of thorny legal issues starting with an indictment against a lawyer who lied to the FBI when he alleged communications between the Trump Organization and a Russian bank. They then dig into a Second Amendment amici brief, a defamation case, and the issue of misleading headlines. Listen to the end to hear Sarah explain how to get away with murder (or somewhat less sensationally, how to get away with interstate mail fraud). SHOW NOTES Indictm...
Future of Biden's Vaccine Mandate
September 13, 2021 23:15 - 1 hour - 67.1 MBIn today’s episode, Sarah and David give you everything you need to combat half-baked hot takes about the Biden administration’s vaccine mandate as they discuss whether the Occupational Safety and Health Administration (OSHA) has the statutory authority to issue its rule. They then indulge in an exploration of the Commerce Clause. Lastly, our hosts discuss new legal updates to the abortion heartbeat law, as well as some potpourri. Show Notes: -President Biden’s executive order requiring C...
Automatic, Still Is
September 09, 2021 22:00 - 1 hour - 60.6 MBIn today’s episode, Sarah and David discuss a fiery concurrence from Judge James Ho in the U.S. Court of Appeals for the 5th Circuit’s opinion upholding a Texas ban on certain abortion procedures. They then discuss an indictment related to the Ahmaud Arbery killing, a death penalty case with religious liberty implications, and a Donald Trump Jr. defamation case. Lastly, listen till the end to hear about the cult (which centers around a current Supreme Court justice) that our hosts are vying ...
Supreme Court's Texas Abortion Law Decision Explained
September 02, 2021 21:00 - 1 hour - 59.2 MBLate Wednesday night, the Supreme Court, in a 5-4 decision, refused to block a Texas abortion law that went into effect earlier in the day. Sarah and David engage in a very detailed discussion of Whole Woman’s Health v. Jackson, equipping intrepid listeners to combat any bad legal hot takes they might encounter. They cover what this means for states that want to challenge constitutional rights, for women in Texas with nonviable pregnancies, and, the million dollar question: what this means f...
Ben Folds Talks Creativity
August 30, 2021 23:30 - 39 minutes - 36.1 MBFor today’s episode, Sarah is joined by special guest Ben Folds, storied American singer-songwriter, musician, and podcaster. They discuss how failure is baked into doing science, how Folds’ song about the Mueller investigation is the perfect place to start for the law-curious, and the song-writing process. Show Notes: -Mister Peepers by Ben Folds -Still Fighting It by Ben Folds -A Dream About Lightning Bugs: A Life of Music and Cheap Lessons by Ben Folds
The Spirit of Curling
August 23, 2021 20:30 - 1 hour - 62.1 MBMitchell Berman, professor of law at the University of Pennsylvania’s Carey Law School, joins our hosts for a fascinating discussion on the jurisprudence of sports. In a wide-ranging discussion, David and Sarah adjudicate everything from how unwritten traditions are enforced in games to how robot umpires are changing the landscape. And of course, no sports law discussion would be complete without a dive into the Olympics. Show Notes: -The Jurisprudence of Sports by Mitchell Berman
Ducklings Have Come Home to Roost
August 19, 2021 21:15 - 1 hour - 55.7 MBIn today’s episode, Sarah takes listeners along on a wildlife rescue mission that involves a baby turtle, a surprise rain storm, and mosquito netting. But don’t worry, it has a happy ending. Our hosts then turn to the Biden administration’s proposal to tie mask mandates to civil rights law and the latest development on the “remain in Mexico” policy. Finally, Sarah and David discuss the Texas Supreme Court ruling that is bad news for Texas Democratic lawmakers trying to avoid arrest. Show No...
Constellations
August 17, 2021 23:45 - 1 hour - 62.9 MBOn this episode, our hosts are joined by Matthew Barzun, an American businessman, diplomat, and longtime political fundraiser. Sarah and David dive into his paradigm-shifting book, The Power of Giving Away Power, and what it teaches about leadership. Along the way, they also discuss everything from what Barzun learned during his time fundraising for former president Barack Obama’s 2008 presidential campaign, to the etiquette of bowing to royalty while working as an American ambassador abroad...
Defamation Law 101
August 12, 2021 21:30 - 46 minutes - 42.6 MBIn a jam-packed episode our hosts explore everything from vaccine passports on cruise ships to a shaky argument that eviction moratoriums violate the Third Amendment’s prohibition on quartering soldiers. First up on the docket, Sarah and David dive into attempts by Sidney Powell, Rudy Giuliani, and Mike Lindell’s to dismiss Dominion’s defamation lawsuit against them. Be sure to listen to the end for their analysis on whether a topless sunbathing case meets the intermediate scrutiny test. Sh...
Fact, Fiction, and the Fight
August 10, 2021 07:00 - 1 hour - 58.9 MBIn this episode, David and Sarah continue their August tradition of looking outside the world of legal nerdery with Jonathan Rauch, a senior fellow at the Brookings Institution, and author of the book The Constitution of Knowledge. Rauch has been warning about the dangers to free speech for a long time. What is the state of free speech? And how much of a threat is illiberalism? Show Notes: -Rauch’s book The Constitution of Knowledge -Rauch’s book Kindly Inquisitors