Advisory Opinions

Latest Episodes:

Bush v. Gore, Explained Oct 17, 2024

Show notes

Sarah and David are joined by Leon Neyfakh—host of Fiascopodcast and co-creator of Slow Burn—to explain what really happened in December of 2000 when the Supreme Court halted the Florida recount.

The Agenda:

—Butterfly ballots

—Dimpled, hanging, and pregnant chads

—Independent state legislature theory

—Who would’ve won anyway?

—Elián González

—The Brooks Brothers riot

—Was Bush v. Gore cynical?

—Two First Amendment updates

Show Notes:

—Fiasco on Bush v. Gore

—A Statistical Assessment of Buchanan’s Vote in Palm Beach County

—Bush v. Gore oral arguments

—Bush v. Palm Beach County Canvassing Bd.

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Gun Salad Kits (Live at Columbia University) Oct 15, 2024

Show notes

Sarah and David break down two cases from the Supreme Court's recent oral arguments and take questions from Columbia Law students.

The Agenda:

—Can the ATF regulate gun kits?

—Is a salad kit a salad?

—Death penalty case in Oklahoma

—Bad writing from the Oklahoma Supreme Court

—Racist Penn professor

—Audience Q&A

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Israel's Legal Responsibilities in War (Live at Duke University) Oct 10, 2024

Show notes

Judge Roy Altman joins Sarah and David at Duke University School of Law. Note: The opinions expressed on this podcast do not represent Duke (who would have thought that anyways?). The trio discuss Altman’s trip to Israel and legal troubles the country has in defending itself.

The Agenda:

—The intersection of law and military operations

—Proportionality as legal principle in armed conflict

—How Hamas’ tactics complicate the legal landscape of military operations

—Tire chalking! And Fourth Amendment issues

—Don’t erase David's identity, SarahShow notes:

—Judge Roy Altman’s first appearance on AO

—NYU Law Review article on tire chalking

—Advisory Opinions live at UNC

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Supreme Court Showdowns and October Surprises Oct 08, 2024

Show notes

Live from UNC (we can say that, right? We’re allowed here?), Sarah and David discuss the latest round of Supreme Court cert grants and the case they’re most looking forward to hearing. Oh, and Donald Trump’s immunity comes up. Again.

The Agenda:

—A Texas nuclear case

—DNA test before death row

—Mexico sues gun manufacturers

—Did a woman lose out on jobs because she's straight?

—Needless deadly force?

—Elie Honig on Jack Smith's October surprise

—David feels bad for eating octopi

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The Supreme Court Is Legitimate, Actually Oct 03, 2024

Show notes

Kannon Shanmugam, head of Paul-Weiss' Supreme Court practice and friend of the pod, gave a speech recently pushing back against critics who question the judiciary's legitimacy. He joins Sarah and David to discuss the importance of trust in institutions to the rule of law. The full speech follows.

The Agenda:

—Questioning legitimacy is a team sport

—Kanon's speech: revering the court

—Good faith ... but wrong

—Court packing cycle and term limits

—Disagreement galore! (Could it all just be outcome bitterness?)

—The criticism isn't just meritless—it's dangerous

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Indicting Eric Adams Oct 01, 2024

Show notes

Sarah and David highlight four cases from the Supreme Court's 2023-2024 October term and a 5th Circuit case uncovering librarians’ motivations.

The Agenda:

—Gender affirming care ban: parents’ rights or police state power?

—Free Speech Coalition v. Paxton

—Psychiatric care and the death penalty

—Why do we have a Utah ad?

—MUSTE standards

—Mayor Eric Adams and gross stuff

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Missouri Executes Marcellus Williams Sep 26, 2024

Show notes

Sarah and David look over the case of Marcellus Williams, whom the state of Missouri executed on Tuesday after he was sentenced to death for the 1998 murder of Felicia Gayle.The Agenda:

—Controversial speakers galore

—Marcellus Williams case: justice or murder?

—A cop and a prosecutor walk into a bar … or rather, this AO episode

—Should you join FedSoc? Why are we even asking this question?Show Notes:

—World Prison Population List

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The Legality of Israel’s Beeper Attack Sep 24, 2024

Show notes

Notre Dame law professor Sherif Girgis joins Sarah and David to discuss his latest law review article, “Originalism’s Age of Ironies.” But first, the two respond to Rep. Alexandria Ocasio-Cortez’s confusion over international law.

The Agenda:

—AOC’s questions regarding Israel

—What is liquidation?

—Living constitutionalism lacks a clear defense in modern discourse.

—The role of judges in interpreting law

—Asking AI Justices Gorsuch and Kavanaugh questions

—Princeton requests corrections

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Princeton Couldn’t Handle Us Sep 19, 2024

Show notes

Sarah and David sparked controversy with their recent speaking event near Princeton University’s campus. The two decide to quell culture war squabbles by discussing ‘Maverick’ Trump-appointed judges.

The Agenda:

—Sarah and David's Princeton appearance

—Intellectual energy on the legal right

—Egregious due process decisions

—Banning conversion therapy

—Should “WAP” by Megan Thee Stallion expel a pharmacy student?

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Did a Justice Leak to the New York Times? Sep 17, 2024

Show notes

Sarah and David go to Princeton, where they grapple with the attempt of elite universities to remain politically neutral. (Hahaha.) And is there another Supreme Court leak? Really? Also: Where are we on the supposed TikTok ban?

The Agenda:

—Institutional opinions

—TikTok ban at the D.C. circuit

—New York Times: How Roberts Shaped Trump’s Supreme Court Winning Streak

—The use of AI in law

—What’s next for TikTok?

—New Title IX regulations

—Supreme Court reforms

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