Advisory Opinions

Latest Episodes:

In Dicta We Trust Nov 19, 2024

Show notes

Sarah and David respond to off-the-wall comments and the controversy surrounding Matt Gaetz’s appointment, insights from the Federalist Society convention, and the dynamics of Supreme Court nominations.

The Agenda:

—Can we all chill?

—Likely Trump picks for SCOTUS vacancies

—Reverse engineering use of force

—There are only two genders?

—Sorry, no 10 Commandments in schools

—CEQ lacks statutory authority (this is a big deal)

—Austin school district gets sued

Learn more about Burford Capital here: burfordcapital.com/AO

Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here.

Learn more about your ad choices. Visit megaphone.fm/adchoices

The Trump Picks ... So Far | Roundtable Nov 15, 2024

Show notes

In a special emergency Advisory Opinions/Dispatch Podcast crossover, Sarah, David, and Steve react to Donald Trump’s Cabinet picks so far, break down the constitutionality of recess appointments, and Sarah offers a ... controversial take on the Matt Gaetz pick.

The Agenda:

—Tale of two Januaries

—The Gaetz report

—Recess appointments

—Justice Scalia on recess appointments

—Sarah’s defense of Gaetz

Learn more about your ad choices. Visit megaphone.fm/adchoices

Live From The Dispatch Summit: Judge James Ho Nov 14, 2024

Show notes

Sarah sat down with Judge James C. Ho at The Dispatch Summit on November 12 for an in-depth conversation about key legal issues, including the legitimacy of the courts, judicial ethics, and the principles of birthright citizenship.

The Agenda:

—Cancel culture

—Originalism

—Elephants in Mouseholes

—Court legitimacy

—Judicial filibusters

—Ethics of gifts

—Birthright citizenship

—First Amendment

—Good judicial qualities

Show Notes:

—Judge Ho’s letter on cancel culture

—Essay No. 1 (1787)

—Professor Fitzpatrick's reflection on reversals

—Justice Alito’s flags

—Defining "American"

Learn more about your ad choices. Visit megaphone.fm/adchoices

Give Me Back That Ring, Cupcake Nov 12, 2024

Show notes

Sarah and David kick off the podcast with a discussion on the Vacancies Reform Act and its role in the next administration before turning to gender politics and a case related to a broken engagement.

The Agenda:

—Tennessee transgender rights case set for December

—Rules of engagement

—Defaming Project Veritas

—First Amendment case on gender pronouns

Learn more about your ad choices. Visit megaphone.fm/adchoices

The Law Under Trump Nov 07, 2024

Show notes

Following this week’s election, Sarah and David explain what will happen next with the criminal cases against Donald Trump and review potential Supreme Court shortlisters.

The Agenda:

—Criminal cases against Trump

—Civil cases against Trump

—Supreme Court nominations

—Who will retire?

—“Now let him enforce it”

—How will the left respond?

Learn more about your ad choices. Visit megaphone.fm/adchoices

God and Guns, Once Again Nov 05, 2024

Show notes

Sarah and David kick off the podcast with (boring?) questions the Supreme Court will seek to answer this term before turning to two very American cases about education, religious schools, and guns.

The Agenda:

—Last week's AO episode

—David Lat, we do this podcast with joy

—Questions before SCOTUS

—Loffman v. California Department of Education

—Hanson v. District of Columbia

Learn more about your ad choices. Visit megaphone.fm/adchoices

The Purge Oct 31, 2024

Show notes

Today’s all about election law. That’s it. Get ready. Pennsylvania, Virginia, Nevada, Michigan, and Mississippi.

The Agenda:

—We can’t fix stupid, but we can give it a court date

—Submit your best lawyer jokes

—Subpoena-colada!

—Apostrophe-gate

—Did the Pennsylvania Supreme Court get it wrong?

—Virginia purging voter rolls

—RFK Jr. on Michigan ballot

—Nevada Supreme Court and postmarks

—History of absentee ballots

—The Washington Post fiasco

—January 6 cases

Show Notes:

—Supreme Court on purging voter rolls

—Caperton v. Massey

—Jeff Bezos’ letter

Learn more about your ad choices. Visit megaphone.fm/adchoices

Packing the Federal Courts Oct 29, 2024

Show notes

Sarah and David discuss the battle over the federal courts and how the upcoming presidential election might affect the circuits’ makeup.

The Agenda:

—Two visions of the federal courts

—The growing conservative legal movement

— A SCOTUS justice's Oxford thesis from 1983

—Mapp v. Ohio

—Utah v. Strieff

—Are petitions to recall public officials unconstitutional?

Show Notes:

—George W. Bush's first inaugural address

Learn more about your ad choices. Visit megaphone.fm/adchoices

Is Elon Musk's Million Dollar Raffle Legal? Oct 24, 2024

Show notes

Sarah and David discuss the latest voting trends and break down recent cases related to election law. They overview the legal nuances and explore the implications of potential rulings for the upcoming election.

The Agenda:

—Anti-absentee voting?

—The legality of Elon Musk’s “raffle”

—Virginia lawsuit

—Texas death penalty case

—Electoral College and slavery

—Filibuster impact

Learn more about your ad choices. Visit megaphone.fm/adchoices

Will This Be a Legal Disaster? Oct 22, 2024

Show notes

Sarah and David preview how the 2024 election might play out in the courts. But first, the two revisit their conversation with Leon Neyfakh.

The Agenda: