Advisory Opinions

Latest Episodes:

Indictment Watch: The Cannon Conundrum Jun 14, 2023

Show notes

Should Judge Cannon recuse herself from the Trump case? What's the legal standard on willful retention of documents? Will the Finding Nemo Seagull defense serve Trump? What about gag orders? Sarah Isgur and David French keep you up to date on the trials and tribulations of Donald J. Trump.

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Voting Rights in Alabama Jun 13, 2023

Show notes

Did Alabama violate the Voting Rights Act? How do you pronounce Gingles? And what are the tea leaf predictions for the Harvard discrimination case? Join Sarah and David to answer these questions and:

-Who’s the lucky dog in the Jack Daniels case

-Is Justice Gorsuch overcharging his friends on Venmo?

-What happens when David puts on his woke hat?

-Will there be an emergency pod coming up?

-Who the hell is Mupp?

Show Notes:

-Allen v Milligen

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Indictment Watch: Trump Charged in Classified Docs Probe Jun 10, 2023

Show notes

In an emergency pod, Sarah Isgur and David French review the indictment against Donald Trump which was unsealed on Friday: what is and isn't in the indictment, and how does this case compare with those of Hillary Clinton and Joe Biden.

Show Notes:

-Trump Classified Docs Indictment, Annotated

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God, Guns, and Trump Jun 08, 2023

Show notes

After a brief trademark SCOTUS update, Guest Host David French and Perennial Guest David Lat break down the trickiness of vouchers for religious charter schools. Plus:

-Text history and tradition versus strict scrutiny in 2nd Amendment cases

-Top profits for law firm partners

Show Notes:

"Trump too small"

Religious Charters in Oklahoma

Some felons can possess firearms

David Lat’s Substack

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Lower Your Expectations Jun 06, 2023

Show notes

SCOTUS refuses to serve up the good stuff with the latest round of opinions released. Sarah and David discuss the chipping away of labor rights and subjective beliefs over violating the False Claims Act. Also on the docket:

-Aliens upon us?

-Whistleblowers in Sarah’s DMs

-Are Diversity Statements illegal?

-Angry cheerleader’s legacy

-Hunter Biden’s messy 2nd amendment issue

-Joe’s Hail Mary campaign throw, according to The Messenger

Show Notes:

-Virginia Tech speech police questioned by skeptical Fourth Circuit

-Angry Cheerleader case

-Advisory Opinions, Angry Cheerleader Gets A Supreme Court Win

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Excessive Fines and Strange Bedfellows May 31, 2023

Show notes

With a 9-0 frown, the Supreme Court rejects the EPA's expansive definition of "wetlands." David and Sarah also discuss the growing Jackson-Gorsuch alliance, Ken Paxton's impeachment, and the art of due diligence via ChatGPT.

Show notes-

-Tyler v. Hennepen County

-Sackett v. Environmental Protection Agency

-Eleventh Circuit Prison Case

-David Last Newsletter Original Jurisdiction

-Raffi Melkonian Twitter

-The Appellate Wanderer

-Fifth Circuit First Amendment Case

-Ken Paxton Articles of Impeachment

-ChatGPT Case Filing

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ISIS and Algorithms May 25, 2023

Show notes

Sarah and David react as SCOTUS weighs in on social media regulations. Sigh. Also:

-Justice Jackson cutting to the chase

-Patent Act and dad jokes

-Reader Comments

-Judicial side eye for banning platforms for speech

-West Virginia and the abortion pill

-Constitutional rights and admission standards

-Happy Memorial Day weekend

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Warhol Brings Down the House May 23, 2023

Show notes

-Ukraine, through the eyes of Mr. French

-The Andy Warhol copyright skirmish

-The Progressive Justice League turns on itself

-Title 42 and civil liberties: The Gorsuch statement

-The future of Justice Jackson

-A Republic of Suffering

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Waiting for the SCOTUS Hit Parade May 18, 2023

Show notes

David Lat stands in for Host Emeritus once more to help Sarah catch up on the latest Supreme Court decisions. Too, they take a detour on penmanship.

-Why the justices make us wait

-On Puerto Rico's sovereign immunity and Kagan's stylistic quirk

-Durham Report

-Judge Newman, age, and lifetime tenure

-New law school rankings just dropped

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SCOTUS to Congress: Do Your Job May 16, 2023

Show notes

While host emeritus is off for a week on a mysterious mission, David Lat of Original Jurisdiction rejoins Sarah to sift through the latest Supreme Court decisions. On the docket:

-Gettysburg update

-Attempting to answer when individual members of Congress can go to court

-The unsatisfying end to Pork Producers

-Buffalo Billion, New York, and federal wire fraud

-Setting the table for Title 42

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