Advisory Opinions

Latest Episodes:

Revisiting 3-3-3 Sep 12, 2024

Show notes

Adam Feldman of Empirical SCOTUSand Optimized Legal Consulting joins Sarah and David to discuss the concept of a 3-3-3 Supreme Court and the challenges of measuring ideology.

The Agenda:

—The role of Chief Justice John Roberts

—Similarities and differences between political and judicial conservatism

—The jurisprudence of Justice Amy Comey Barrett

—The prevalence of unanimous decisions

Show Notes:

—Adam Liptak's writeup in the New York Times

—Feldman’s 2023 stat review

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.

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Prosecuting the Parent of a School Shooter Sep 10, 2024

Show notes

Sarah and David discuss the recent school shooting in Georgia, which is raising questions about parental responsibility and the limits of legal liability.

The Agenda:

—Georgia school shooting

—6th Circuit punts campaign finance question to Supreme Court

—Body cam footage hasn't done everything we wanted it to

—Debating the scope of the Second Amendment

Show Notes:

—Buckley v. Valeo

—McConnell v. FEC

—Cruz v. FEC

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Free Speech vs. the Algorithm Sep 05, 2024

Show notes

Sarah details life under a wicked curse and David defends his position in The Dispatch's fantasy football league. Oh, and today's legal theme for the podcast is the First Amendment.

The Agenda:

—Role of public defenders

—Criminal justice reform

—Horrific TikTok algorithms and Section 230

—Gray areas of Section 230

—The back and forth with Sarah Palin's defamation case

—Should the dues from the Oregon Bar Association go toward anti-Trump op-eds?

Show Notes:

—Last Tuesday's Advisory Opinions episode

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Unity Is Dead, Long Live the Union Aug 29, 2024

Show notes

Sarah and David break down the latest update in Jack Smith’s January 6 case against Donald Trump before speaking with Yuval Levin about his book, American Covenant: How the Constitution Unified Our Nation―and Could Again.

The Agenda:

—Jack Smith’s superseding indictment

—Not thinking alike but acting together

—Federalist No. 10

—Underestimating how unified we are

—Proceduralism is not amoral

—Restringing narrow majorities

—Congress, do your job

—The federalism solution

—Supreme Court reforms

—Reforming Article I

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A Christian Case for Criminal Justice Reform Aug 27, 2024

Show notes

Sarah and David catch up on the latest case in Second Amendment jurisprudence before talking with Matt Martens about his new book, Reforming Criminal Justice: A Christian Proposal.

\The Agenda:

—Matt’s faith

—The prosecutor-to-defense-attorney pipeline

—The plea bargaining system

—The issues with eye-witness testimony

—Brady violations

—Should prosecutors have absolute immunity?

—Racial discrimination in the justice system

—Defending people we don’t like

Show Notes:

—United States v. Williams

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Fixing the Supreme Court Aug 22, 2024

Show notes

David Lat joins Sarah and David to break down recent Supreme Court trends and discuss Lat’s legal fiction novel, Supreme Ambitions.

The Agenda:

—Is the shadow docket problem solved?

—Supreme Court approval rating

—Stabilizing the Supreme Court

—Lat’s pick for most interesting justice

—Who will win the text, history, and tradition fight?

—Advice for law students

—Lat’s book, Supreme Ambitions

—Stranger than legal fiction

—Male authors writing female protagonists

—Lat’s favorite legal writing

—The return of crime procedurals

Show Notes:

—Shadow docket on Biden Title IX regulations

—Advisory Opinions on Presumed Innocent

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Would You Like a Musket to Go With Your Latte? Aug 20, 2024

Show notes

Writing with quill pens, quartering Secret Service agents, and shooting 18th-century guns. A.J. Jacobs joins Sarah and David to discuss his book, It's All Relative: Adventures Up and Down the World's Family,and his experience living by the Constitution. But first, this podcast can’t escape a little bit of legal news, including a shocking decision by the Supreme Court.The Agenda:

—SCOTUS blocks Biden’s Title IX Rule

—Focusing on culture war, not politics

—“Curtilage” and a 9th Circuit ruling

—Living by the Bible and then the Constitution

—Stoning adulterers

—Exploring the powers of private citizens

—Criteria for quartering soldiers

—How elastic should the words of the Constitution be?

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Bob Bauer Still Thinks Robert Hur Was Wrong Aug 15, 2024

Show notes

Former White House counsel Bob Bauer joins Sarah Isgur and David French to talk about his new book, The Unraveling: Reflections on Politics Without Ethics and Democracy in Crisis. They also discuss the role of a presidential attorney, whether Special Counsel Robert Hur crossed a line by reporting on President Joe Biden's cognitive decline, and what it was like to prep the president for his fateful debate.

The Agenda:

—The impact of undergraduate majors on job prospects after law school

—Geofencing raising Fourth Amendment concerns

—Do universities have legal obligations to protect students from discrimination, including religious discrimination?

—The unraveling of democratic norms and institutions

—The role of the Supreme Court in democracy

—Should we have term limits?

—Examining sue and settle policies and third-party settlements

—The role of the leader class and the American people

—Advice for aspiring political lawyers

—Working with the Biden campaign

—Bob Bauer on Face the Nation and Robert Hur criticism

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How to Disagree Aug 13, 2024

Show notes

In this three-guest special episode (wait, does David count as one? Are we still doing that?), Noah Phillips, former Federal Trade Commission commissioner and co-chair of the antitrust practice at Cravath, joins Sarah and David to discuss the reality of antitrust law. Then, John Inazu, the Sally D. Danforth Distinguished Professor of Law and Religion at Washington University in St. Louis, joins to discuss his book Learning to Disagree: The Surprising Path to Navigating Differences with Empathy and Respect.

The Agenda:

—The religious discrimination case against Dave Ramsey

—Texas can keep floating barrier to defend border

—6th Circuit rejects challenges to school pronoun policy

—Judge dismisses antisemitism lawsuit against MIT, Harvard's can move ahead

—Minority coalitions “do not comport” with Section Two of the Voting Rights Act, federal appeals court rules

—Antitrust’s loooooong history

—Size and power of Big Tech companies

—Learning how to disagree

—Mental health as a priority in student culture

—Artificial intelligence in education

Show Notes:

—Noah Phillips’ appearance on The Remnant

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Thoughts and Feelings on Maryland’s Assault Rifle Ban Aug 08, 2024

Show notes

Our August-themed legal book discussion is postponed for one episode, but don’t fret: There’s more than enough legal news to fill a show, thanks to gun rights and antitrust cases.

The Agenda:

—Maryland’s assault weapons ban is constitutional

—Text, history, and tradition as … rational basis review? Or something.

—Original jurisdiction and Missouri’s attempt to put forth a stupid case

—Is Google the best search engine?

—Boycotts vs. price fixing

Show Notes:

—Learning to Disagree by John Inazu

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