Advisory Opinions

Latest Episodes:

Bad Facts for Chevron Jan 19, 2024

Show notes

Sarah and David appease a couple listeners’ requests before getting to the Loper Bright Enterprises v. Raimondo oral argument.

The Agenda:

—Words of the day: certiorari and conversion

—Epic Games, Inc. v. Apple Inc.

—Supreme Court humor

—Congress (and the courts) do your job

—Texas’ READER Act blocked by Fifth Circuit

—Responding to listeners’ comments

Show Notes:

—Kisor v. Wilkie

—Pierson v. Post

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Dumb But Constitutional Jan 16, 2024

Show notes

Sarah and David discuss a cert grant relating to homelessness in San Francisco and Massachusetts’s Eighth Amendment. But first, Sarah announces her pending litigation against Fairfax County.

The Agenda:

—Robinson v. California

—The different types of justice

—A no-fly list dispute

—The law of war: Houthis

—How do we beat pirates?

—Anti-straight discrimination

—DeSantis v. Warren

Show Notes:

—Niz-Chavez v. Garland, Attorney General

—Smith v. Arizona

—Sheetz v. County of El Dorado

—Briahna Joy Gray's "nonviolent" tweet

—Ames v. Ohio Dep’t of Youth Servs

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The Presidential Assassination Argument Jan 11, 2024

Show notes

Sarah and David address a few corrections from Tuesday’s episode before turning to the oral argument on Trump’s prosecutorial immunity.

On the Agenda:

—Can presidents order Seal Team Six to assassinate rivals?

—Who is going to win this case?

—Did we just fix qualified immunity? (No.)

—Political advertising at the Ninth Circuit

—Should I go to law school? Pt. 97

Show notes:

—Marbury v. Madison

—Mississippi v. Johnson

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En Bonkers Opinion Jan 09, 2024

Show notes

Sarah and David attend to AO housekeeping before diving into some creative 20th Amendment theories. Plus:

—The distinction between law violation and norm violation;

—Trump’s prosecutorial immunity and legal yay's;

—The role of Congress in determining eligibility for office;

—A prosecutor working for both sides of the bench;

—Judge Ho concurs in an employment discrimination case;

—More employment discrimination out of the 11th Circuit; and

—The misguided war on the SAT.

Show notes:

- Lake Beach

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Getting Things Back In Order Jan 04, 2024

Show notes

David and Sarah are back from a hearty break and catch up on cases from last year and various legal topics, including judicial salaries and the death of Justice Sandra Day O’Connor. Stay tuned for:

—David and Sarah’s low confidence in the outcome of the Jarkesy case;

—No love lost for the Sacklers;

—A good attempt at avoiding the income tax;

—Maine skipping due process; and

—A lawsuit that could eviscerate the realtor business.

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2023 Year In Review And 2024 Predictions (With David Lat) Dec 28, 2023

Show notes

Sarah joins David Lat's Original Jurisdictionto review 2023's best (and worst) legal cases and lawyers and make some hopeful (and less hopeful) predictions about the coming year.

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Colorado Court Blocks Trump from '24 Ballot. Now What? Dec 20, 2023

Show notes

In this emergency pod, Sarah and David discuss the Colorado Supreme Court’s decision to disqualify Donald Trump from the state’s primary and general election ballots. They take listeners through:

—How they speed read court opinions;

—The self-execution of Section 3 of the 14th Amendment;

—The concept of non-justiciability (and how to pronounce it);

—Problems with congressional drafting;

—Debating incitement; and

—What will SCOTUS do?

Show Notes:

-Prof. Will Baude on Section 3, Insurrection, and Trump

-Coup de Target

-Incitement of Insurrection

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Another Dobbs Leak! Dec 19, 2023

Show notes

Sarah and David respond to listener comments about last week’s Texas abortion case. Then the two discuss:

-Why to bet on the side of Jack Smith’s delay

-The “president shoots a postal worker” hypothetical

-Sarah plays detective on the second biggest SCOTUS leak

-SCOTUS appointments and holding onto power

-A right to compete but not to win?

-Please clean your washing machines

Show Notes:

-Why We Fight So Ferociously Over the Supreme Court

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Is Donald Trump 'Absolutely Immune'? Dec 14, 2023

Show notes

Sarah and David give listeners another action-filled pod, starting with a controversial abortion case in Texas before breaking down special counsel Jack Smith’s petition to the Supreme Court. Plus:

—Why justices aren’t doctors

—Texas’ abortion law is not working

—What does being pro-life mean?

—An extremely rare move by Jack Smith

—David’s (informed) rank speculation

—Is conversion therapy covered by the First Amendment?

—The number one movie of all time: Glory (1989)

—David discusses Nancy’s announcement

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Clients Don't Always Listen Dec 12, 2023

Show notes

It's a marathon episode as Sarah and David try to figure out: