Advisory Opinions

Latest Episodes:

Justice, Justice Thou Shalt Pursue Jul 18, 2023

Show notes

Amanda Tyler, the Shannon C. Turner Professor of Law at Berkeley, joins Sarah and David for post-SCOTUS term talk. They finally give Mallory v. Norfolk Southern Railway Co. some love, and also:

-General jurisdiction and interstate commerce

-Graphics in opinions

-Habeas Corpus: Is Lincoln the good guy or the bad guy?

-Justice Ruth Bader Ginsburg

-Advisory Opinions spinoff?

-Amanda Tyler's profile at Berkeley

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AO on K Street Jul 13, 2023

Show notes

Kannon Shanmugam rejoins Sarah and David for another SCOTUS opinion wrap-up and barbecue showdown for this live taping in front of a lucky audience of summer associates. The trio discuss the implications of SCOTUS cases versus the notoriety of them and:

-Sarah and David’s SCOTUS beefs

-Sarah’s impasse for longer arguments and more cases

-Attire for oral arguments (don’t forget the lucky suspenders)

-A review of Judge Jackson’s first term

-Barbecue and burger debates

-Summer Associate questions

Show Notes:

-Matt Levine for Bloomberg Opinion on Twitter/Musk saga

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Billable Hours by the Millions Jul 11, 2023

Show notes

Sarah and David catch-up with non-SCOTUS cases starting with...

-A multi-million dollar lawsuit involving Musk's Twitter deal

-A bold move by a judge blocking state actors and social media workers meeting over protected speech

-Tennessee’s latest push in the culture war with a ban on gender-affirming care

-A bullied child, a MAGA hat, and the First Amendment

Show Notes:

-David French for The Dispatch on convincing versus coercion

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Legal Eagles Travel Log: A Gettysburg Anniversary Special Jul 06, 2023

Show notes

In this special episode of Advisory Opinions, Sarah follows Judge Alan Norris, a Sixth Circuit judge, on a trip to Gettysburg, Pennsylvania. The Legal Eagles, a group of Judge Norris' colleagues and law clerks, accompany him on an annual trip to relive the bloodiest battle of the Civil War.

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SCOTUS on Student Loan Forgiveness: Nope Jul 04, 2023

Show notes

For Advisory Opinions' purposes, the Supreme Court term is over. Sarah and David return to share their end-of-term thoughts and feelings, David's crankiness about the student loan forgiveness commentary, look to the next term and:

-Student loan forgiveness is dead

-D.O.E. v. Brown

-Compelled speech in Colorado

-NYT: I Teach at an Elite College. Here’s a Look Inside the Racial Gaming of Admissions

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Harvard Loses Affirmative Action Case Jun 29, 2023

Show notes

In a contentious decision, the Supreme Court shuts down affirmative action in universities... or does it? How impactful, really, is the decision in Students for Fair Admissions v. Harvard? It's complicated. After weeks (months? Years?) of anxious anticipation, Sarah and David dig into this term's blockbuster decision:

-Is this a big deal?

-They justices can't agree about the universe of facts

-Harvard's response

-The arbitrariness of check boxes

-A different kind of affirmative action

-Justice Thomas' concurrence (and legacy)

-Justice Sotomayor's dissent

-...paved with good intentions.

-Wonder Bread Alito

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Nuking the Independent Legislature Doctrine Jun 28, 2023

Show notes

As the term rushes to an end, the Supreme Court wades eagerly into a mooted case in order to close the door on the "independent legislature doctrine." But does it matter? David and Sarah disagree. Also:

-Nobody expects the Marbury v Madison citations

-What counts as threats online? (Or: Is recklessness subjective?)

-NYT v Sullivan holds strong

-Supreme Court bingo: The Countdown

-Supreme (court) ignorance

-"You only defend justices Thomas and Alito because they're conservative." Nope.

Show Notes:

-Marquette Law School Poll

-Moore v. Harper

-Counterman v. Colorado

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Alito's Preemptive Strike (Against ProPublica) Jun 23, 2023

Show notes

Sarah Isgur and Guest-host David French return from the Advisory Opinions live event for some Supreme Court bingo. Plus:

-Opinion lightning round

-Justice Alito's Op-Ed in the WSJ

-Transgender care for minors at the District Courts

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Did Hunter Biden Get A Sweetheart Deal...? Jun 20, 2023

Show notes

Did Hunter Biden receive a sweetheart deal from the DOJ? How are other people treated under similar circumstances? And what’s with DOJ’s timing? In this live recording among the young scholars at American Enterprise Institue, Sarah Isgur and David French ponder these questions and:

-Donald Trump’s “with hunt” versus Biden investigations

-Indictments as instruments of intimidation

-David and Sarah’s favorite dessert

-Mr. Smith Loses

-David’s no opinion of Keetan

-Interesting bankruptcy case

-Fights over ice cream

-Is Justice Gorsuch the greatest champion of Native American sovereignty among the Supreme Court?

-Will Harvard lose?

-Questions from Young Scholars

Show Notes:

-Advisory Opinion's live recording to be published on YouTube Wednesday (Subscribe today)

-Hunter Biden reaches deal to plead guilty in tax, gun case

-Madison Cawthorn Again Brought a Loaded Gun to the Airport, Officials Say

-'Jersey Shore' star Mike 'The Situation' Sorrentino sentenced 8 months on tax evasion charges

-Smith v United States

-Polansky v Executive Health Resources

-Indian Child Welfare Act Case

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The People's Justice Jun 16, 2023

Show notes

Judge Amul Thapar joins Sarah to discuss his book: The People’s Justice: Clarence Thomas and the Stories That Define Him. While today's SCOTUS decisions won't be discussed (snoozers!), the two have a lot of ground to cover:

-Odessa Pink perseverance, legal hardships, and keepsakes

-Mary Jane Smoking Hippies

-Is Trump The Most Popular Person in the World Ever?

-AO in Dehli

-Scalia v Thomas

-Legal eagles liking each other?

-Guac offs

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