Advisory Opinions

Latest Episodes:

Pressing the SCOTUS Panic Button Apr 30, 2024

Show notes

David returns after a brief food poisoning hiatus to discuss two oral arguments heard before the Supreme Court: Trump’s immunity case and Idaho’s case on abortion bans. But first, a request from The Dispatch’s resident Wilson-hater.

The Agenda:

—Are solo podcasters sociopaths?

—Proposals for changes on the Israeli Supreme Court

—Absolute immunity for presidents

—The role of the executive vesting clause

—Reviewing Idaho’s abortion ban

—Time, place, and manner restrictions on college campuses

—Answering questions and issuing corrections

Show Notes:

—Previous AO episode

—South Dakota v. Dole

—NFIB v. Sebelius

—Dr. Martin Luther King on “civil disobedience”

—Columbia University banned student protester over saying “Zionists don’t deserve to live”

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Indictment Watch: Supreme Court Hears Trump’s Immunity Case Apr 26, 2024

Show notes

The Supreme Court this week heard oral arguments for Donald Trump’s immunity case, and David has thoughts. However, he was too sick to join today so Sarah had to go solo (Ruminant style!), recapping the legal and political implications of the case, assessing the strength of the arguments and their significance for the future of our political system, and trying to imagine where we go from here in this bizarre election cycle.

The Agenda:

—Good and bad news for Trump

—What presidential acts are immune?

—Impeachment and conviction

—Going through the specific charges

—Can Trump stage a coup?

—ANSWER THE HYPOTHETICALS!

—Defining official acts

—The effect on Trump’s other cases

—The effect on SCOTUS as an institution

Show Notes:

—Bonus Collision newsletter

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Lady Law and Homeless Encampments Apr 23, 2024

Show notes

Sarah and David discuss oral arguments in Grants Pass v. Johnson, a Supreme Court case addressing the issue of homeless people camping on public property, as well as and the 4th Circuit ruling that blocked West Virginia's law blocking transgender athletes from participating in sports.

The Agenda:

—SCOTUS hears Grants Pass v. Johnson

—Necessity defense and cannibalism

—4th Circuit ruling on trans sports ban in West Virginia

—SCOTUS rules on Title VII case

—Biden expands Title IX ruling

—Campus due process and Columbia protesters

Show Notes:

—Casey Mattox on local governments stopping churches from helping the homeless

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Retire Universal Injunctions Apr 18, 2024

Show notes

There’s not much worth discussing yet in Donald Trump’s criminal trial in New York, so Sarah and David focus on the Supreme Court and a case on Idaho’s law restricting gender-transition treatment for minors. Plus: Murmurs about Clarence Thomas’ brief absence.

The Agenda:

—Election law crimes, tax crimes, and falsification of business records

—Challenges of broad injunctions

—Idaho’s Vulnerable Child Protection Act

—SCOTUS exhausted with emergency docket applications

—Justices call to retire universal injunctions

—January 6 arguments before SCOTUS

—SCOTUS declines to intervene in a police lawsuit against a Black Lives Matter activist

—Obstructions in official proceedings

—Legal issues in the Iran-Israel conflict

Show Notes:

—Labrador v. Poe

—Counterman v. Colorado

—18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant

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The Enormous Powers of the President Apr 16, 2024

Show notes

Co-authors Jack Goldsmith and Bob Bauer join the podcast to discuss their book, After Trump: Reconstructing the Presidency, and the need to reform presidential power. But first, a protest and a dinner party at a Berkeley Law School dean's house. Did the location qualify as a public forum? Sarah and David evaluate.

The Agenda:

—Dean of Berkeley Law School and a Palestinian Protest: 1A protection?

—How to go about civil disobedience

—Reforming the Insurrection Act

—The need for bipartisan support in reforming presidential powers

—Did Donald Trump abuse the pardon power as president?

—Special counsels and the fear of rigging prosecutions

Show Notes:

—The Logan Act

—The American Law Institute

—David's Sunday column

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Real Originalism Has Never Been Tried Apr 11, 2024

Show notes

Sarah and David explain the jury questionnaire in Alvin Bragg’s case against Donald Trump before getting into the weeds of the origins of originalism.

The Agenda:

—How to select a jury for Trump

—Celebrity trial jury instructions

—Biden swings again at student loan forgiveness

—Did the Warren court birth originalism?

—Originalism vs. platonic idealism

—More questions from a high schooler

—How do judicial ethics actually work?

—The myth of the 6-3 court

—The most important SCOTUS decisions

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Jack Smith Scolds Judge Apr 09, 2024

Show notes

Things get heated in Trump’s classified documents case. In a court filing this week in Donald Trump’s classified documents case, special counsel Jack Smith challenged Judge Aileen Cannon by vowing to appeal any decision that included the Presidential Record Act in jury instructions. David and Sarah discuss Smith's public move and what it means for the case.

The Agenda:

—Sarah's recaps her defamation law musical experience

—Justice Sotomayor's age raises questions about the right time for Justices to retire

—Is Trump's defense counsel actually good?

—Jack Smith's frustration with Judge Aileen Cannon

—Answering questions from high school students

—Yes, we're still discussing work-life balance

Show Notes:

—Presidential Records Act

—New York Times Company v. Sullivan

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The Federalist Society in Peril Apr 04, 2024

Show notes

Sarah and David dive into two op-eds challenging the Federalist Society and the call for lawyers to uphold the tradition of liberty under law.

The Agenda:

—Mayfield v. Butler, retaliation, and political targeting

—Risks and challenges facing the Federalist Society

—Did Trump-era advances in jurisprudence come at a deep civic cost?

—The Thomas’ article on the judicial filibuster

—Will Peter Navarro’s attempts to evade jail time succeed? (Spoiler: No)

—Sarah and David answer work-life balance questions

Show Notes:

—Villareal v. City of Laredo

—Gonzalez v. Trevino

—Justice Breyer's bookshelf

—Advisory Opinions podcast on Federal Judges visiting Israel

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Federal Judges Examine The Israel-Hamas War Apr 02, 2024

Show notes

Federal Judges Roy Altman, Lee Rudofsky, and Amul Thapar join Sarah and David to discuss their recent trip to Israel along with 11 other federal judges that focused on the question of the day: Is Israel complying with international law as it pursues its war against Hamas in Gaza?

The Agenda:

—The purpose of the judges’ trip

—Walking through the locations of the October 7 attack

—Gruesome tactics by Hamas

—Military authority in Israel

—Israel’s legitimacy as a nation-state

—Debunking the “Israelis as colonists” narrative

—David’s JAG experience

—Double standards and antisemitism

—The Jewish idea of gratitude

This conversation includes discussion of graphic content related to the October 7 attacks in Israel. Listener discretion is advised.

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