Advisory Opinions

Latest Episodes:

Students Call for Genocide, Presidents Smirk Dec 07, 2023

Show notes

The university presidents of Harvard, MIT, and Penn testified before Congress on antisemitism in their schools. It didn’t go well. Sarah and David talk Title VI implications, and:

-David feels gaslit

-The parents of a young Kansas City Chiefs fan threaten to sue Deadspin for libel

-Acheson and why mootness is easy and standing is hard

-Happy holiday housekeeping

Show Notes

-Harvard ranked last in free speech

-U.S. Department of Education Reminds Schools of Their Legal Obligation to Address Discrimination, Including Harassment

-Department of Education’s newest ‘Dear Colleague’ letter relies on unconstitutional standards, but offers some promise

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Bionic Judges Dec 05, 2023

Show notes

Judge Kevin Newsom of the 11th Circuit Court of Appeals joins Sarah and David to reminisce on past times and talk nerdy topics. Let Judge Newsom explain his concurring opinions and:

-Lunches spent reading Supreme Court oral arguments

-Humblebrags

-Hiring (life-saving) clerks

-Why he’s a skeptic of standing

-Jurisdiction stripping

-Why Judge Newsom can’t be a podcast host

-Over aggressive judging and why it’s bad for democracy

-What makes good writing

-Adjudicating Alabama

Show Notes:

-TransUnion LLC v. Ramirez

--David French's column on the Insurrection Act

-Judge Newsom's favorite writing tool

-Judge Newsom's opinions

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Inconsistent and Repugnant Nov 30, 2023

Show notes

On today’s episode, David and Sarah break down the most interesting Supreme Court argument of this term and what it means for the future of double jeopardy law. But first, they have to shout out the dating site that is the AO comment section. Also on the docket:

-Mistrials vs. double jeopardy

-Federal rights and state interpretations

-The coolest word you've never used

-David calls for thoughtful comments

-How to lose with valor at SCOTUS

-Fifth circuit on the brain

-A second bite of the Rahimi apple

-Revealing AO's next long-awaited guest

Show notes:

-SNL: Weights and Measures with Nate Bargatze

-McElrath v. Georgia

-Blockburger v. United States

-Fifth Circuit and Rahimi

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Story Time for Fed Court Nerds Nov 28, 2023

Show notes

Sarah and David return from their Thanksgiving feasts to serve up a very nerdy episode on fed court law. Enjoy:

-David giving a lowdown of the Voting Rights Act

-Hacking minority districts

-Laws created by court precedents versus laws created by statutes

-Any standing experts out there?

-Undoing the Warren Court

-Section Two Rights vindicated in civil court

-Reporters: Don’t go to activists for legal analysis

-Elon versus Media Matters

-Match maker Sarah, make me a match

Show Notes:

-Eight Circuit two to one opinion

-Section Two of the Voting Rights Act

-Elon v Media Matters

-Video: Hostage reunites with family

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Hamburger Mary's Risqué Drag Show Nov 21, 2023

Show notes

Sarah and David have a big ol' pod today, wherein they discuss a First Amendment case involving risqué drag shows at a burger joint, hunter harassment laws, and challenges to Donald Trump's ballot access. Spoiler: Sarah was right. Also:

-Masked protesters and Anti-Klan laws

-Bad facts make bad laws

-Lawyers and Non-germaine activities

-David's window-dressing ignorance

-Boudreaux's Butt Paste

-Trump's ballot access in Colorado

-Guys: you gotta get married.

Show notes:

-Hamburger Mary's at SCOTUS

-Hunter Harassment laws challenge

-Compulsory bar membership

-Trump's ballot access challenge in Colorado

-The Meaning and Ambiguity of Section Three of the Fourteenth Amendment

-Ilya Somin in Reason

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The New Supreme Court Ethics Code Is...Okay? Nov 16, 2023

Show notes

Sarah and David respond to comments on Bari Weiss’ Federalist Society speech. The two then turn to the latest Supreme Court news, including:

-A new ethics code

-Condescension of the unelected

-Trump Too Small oral argument

-David’s thoughts on CLS v. Martinez

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Bari Weiss: Fight, Fight Fight Nov 14, 2023

Show notes

Bari Weiss recently gave the Barbara K. Olson Memorial lecture at the Federalist Society, in which she detailed the horrific aftermath of Hamas’ October 7 attack against Israel, the ensuing “battle of ideas,” and the left’s morally perverse showing therein. Given the subject matter, we decided to devote today’s episode of Advisory Opinions to reairing her speech. her speech.

Show Notes

-Full speech

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Solicitor General 9000 Nov 09, 2023

Show notes

Two gun cases that aren’t gun cases take over today’s episode as Sarah and David analyze two cert grants from the Supreme Court. Sarah also breaks down new reporting on clerk hiring in the judicial world. Stay tuned for:

-nerd prom

-Campus culture around Israel and Palestine (PS Sarah’s DMs are open)

-Sarah’s bump stocks hobby horse

-The perfect case of why everything is wrong with the political system

-State actors having strong feelings about gun control

-Having conversations about word choice and tone

-HasTheSupremeCourtFixedQualifiedImmunityDoctrineYet.com

-Banning books never goes out of style

-Rahimi oral argument not looking good

-Solicitor General Elizabeth Prelogger as SGBot9000

Show Notes:

-Matthew Wright's podcast interview

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Getting Blocked on Social Media Nov 02, 2023

Show notes

The Supreme Court deliberates whether state actors should be allowed to block private users on social media and Sarah and David have thoughts. Plus:

-The first amendment rights of government employees

-Clarence Thomas has a question

-Trump's new attorneys (guess who's not in the running)

-The CCP is already here

-Worst Halloween candy?

Show Notes:

-Garnier v. O'Connor

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Due Processes vs. Defamation Oct 31, 2023

Show notes

The Connecticut Supreme Court weighed in on a suit stemming from a sexual assault hearing at Yale University that raised tensions between due process protections for accused students and victim blaming. Sarah and David analyze the political background of related cases. Plus:

-States vs. Meta

-David breaks down the law of armed conflict and the Gaza invasion

-“Well-regulated” and its force and effect on the second amendment

-It's oral argument season at SCOTUS

Show Notes:

-Khan v. Yale University

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