Advisory Opinions

Latest Episodes:

Indictment Watch: Georgia on My Mind Aug 16, 2023

Show notes

A grand jury out of Fulton County, Georgia has brought RICO charges against Donald Trump and 18 co-defendants. Sarah and David explain the 98-page indictment, how it holds up to the others, and Trump's interesting defense strategy. Plus:

-David issues a very important correction

-Will Trump be able to pardon himself?

-Georgia RICO vs. federal RICO

-Will this case stay in Georgia?

-What if Trump wasn't lying?

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Unsatisfying Obscenity (Doctrines) Aug 15, 2023

Show notes

First Amendment attorney Ari Cohn joins Advisory Opinions to present the complexity of age restriction policies. But first, Sarah and David update listeners on a barrage of legal activity, including:

-Section 3 of the 14th amendment and the GOP’s saving grace?

-Kansas newspaper suing over police raid

-Hunter Biden’s special counsel (and horrible parenting)

-What can and cannot Trump say?

Show Notes:

-Conservative Case Emerges to Disqualify Trump for Role on Jan. 6

-The Sweep and Force of Section Three

- Listen to the "obscene materials" segment on The Dispatch Podcast

-Jonah's take on XXX content

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Butterfly Knives and Felon Voting Rights Aug 10, 2023

Show notes

David and a particularly congested Sarah plan to forward this especially packed AO straight to the Supreme Court. Does the Eighth Amendment enshrine a felon's right to vote and do people really think Jews have horns? Plus:

-Trump protective order battle

-Ghost gun regulation

-Southwest Airlines attends religious liberty training

-Butterfly knives and commercial firearm sales

-Ohio ballot initiative

-College football names

-What if Saturn was where our Moon is?

Show notes-

-David's NYT column: I Don’t See a ‘Rogue’ Supreme Court

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A Digital Fourth Amendment Aug 08, 2023

Show notes

UC Berkeley law professor Orin Kerr joins David and Sarah to explain how Fourth Amendment jurisprudence applies to a digital age. Do you have an expectation of privacy online? Can terms of services null your right against unreasonable searches and seizures? But first Sarah generously offers David time to rant about certain legal takes surrounding Trump’s most recent indictment. Plus:

-David’s (recent) paintball career

-What is general public use?

-Are pole cameras unconstitutional?

Show notes-

-Section 241 and the First Amendment in the Duke Law Journal

-Professor Kerr’s profile at Berkeley Law

-Professor Kerr's Twitter profile

-Professor Kerr's writing for The Volokh Conspiracy

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Indictment Watch: A Difficult Case Against Trump Aug 02, 2023

Show notes

Special counsel Jack Smith brings another round of charges against Donald Trump, this time concerning the former president's attempts to subvert the results of the 2020 election. How does this indictment compare with the previous two? Will prosecutors be able to prove Trump was knowingly lying about the election? Does the indictment change anything for Trump? And is the country ready for this trial? Plus:

-Naming the co-conspirators

-Weighing up the other indictments

-Trump's campaign boost

-An encouraging end note on our justice system

Show Notes:

-The Collision newsletter

-David's column

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The Alito Burn Book Aug 01, 2023

Show notes

Justice Samuel "Spicy" Alito returns to the pages of The Wall St. Journal with a flaming-hot interview and Sarah and David are here to unpack it. (And we all thought this is going to be a short pod!) Plus:

-The rise of judicial voters

-Why flying United is bad (according to Hugh Hewitt)

-Who's paying for Trump's legal fees?

Show Notes:

-Alito's interview in the Wall Street Journal

-Original Jurisdiction with David Lat

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Indictment Watch: Trump's New Charges, Hunter Biden's Plea Jul 29, 2023

Show notes

Sarah Isgur and David French answer questions around the legal troubles of Donald Trump and Hunter Biden, including:

-Drained swimming pools and deleted documents

-How is Hunter Biden in good standing with the DC Bar?

-David’s 10PM runs

Show Notes:

-"It's Seven Grandkids Mr. President"

-Has the Supreme Court fixed qualified immunity doctrine yet?

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Awful Qualified Immunity Cases Jul 27, 2023

Show notes

Three qualified immunity cases are thoroughly analyzed in a particularly depressing AO episode, but first David and Sarah talk through an injunction on asylum seekers some are calling “Trump-Lite”, plus:

-Broken immigration systems

-Say it with me folks, “Congress, do your job.”

-Too much too soon too fast

-Courts not complying with qualified immunity statutes

-Does Congress have better things to show rather than Hunter Biden revenge porn?

-Advice to prospecting law students

-Small town gossip and country songs

-Sarah’s victory lap around Hunter Biden plea deal

-Be nice to the docketing clerks

This episode is sponsored by FIRE. FIRE's mission is to safeguard and uphold the right of all Americans to freedom of speech. Be a part of the front line of a growing movement by joining the FIRE Update.

Show Notes:

-Update: AO still has the best listeners

-Ilya Somin for Reason, "Supreme Court Rules Red"

-David Lat's Original Jurisdiction Substack

-One Billion Americans: The Case for Thinking Bigger

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Did Alabama Defy the Supreme Court? Jul 25, 2023

Show notes

It is NOT the doldrums of this podcast. Sarah and David have prepared a sufficiently full pod starting with Trump's looming federal indictment. Also:

-Alabama's creative response to SCOTUS

-Did Alabama defy the ruling?

-New study of college admissions: being rich might be helpful

-Listener questions about the Two Bronze Doors

-We'll see you in a few minutes...

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Two Bronze Doors Jul 21, 2023

Show notes

Sarah and David reach peak AO and fulfill their promise of delivering something stratospherically nerdy. Judge Charles Eskridge for the Southern District of Texas has written a 56-page history of the Supreme Court building... and specifically its 17-foot, 13-ton bronze doors. Judge Eskridge tells the story depicted on the door's eight panels and what it says about our history of ordered liberty.

Show Notes:

-“We’ll Be Back” performed by Judge Eskridge and Judge Elrod

-Judge Eskridge’s publications

-Where Judge Eskridge’s Bronze Doors Paper will be published

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