Advisory Opinions

Latest Episodes:

Trump Found Liable for Sexual Abuse, Defamation May 11, 2023

Show notes

Sarah returns from her tick-filled trip from Gettysburg to discuss the E. Jean Carroll civil lawsuit against Donald Trump. Also:

-Santos detained

-Sci-fi hot takes

Show Notes:

-David French NYT Column: A Guilty Ex-President

-Subscribe to The Dispatch and watch an exclusive live Remnant with Jonah, Steve Hayes, and Chris Stirewalt

-The Gettysburg Address

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Perceptions of Violence May 09, 2023

Show notes

Damon Preston, public advocate for the commonwealth of Kentucky, joins Guest-Host David French to break down the Jordan Neely incident. While some New Yorkers view it as the result of growing violence in New York, others as mere vigilantism... but what are the legal elements? This special one-topic episode will try to make some sense of the available reporting.

Show Notes:

- Subscribe to The Dispatch and watch an exclusive live Remnant with Jonah, Steve Hayes, and Chris Stirewalt

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Disney Sues DeSantis May 04, 2023

Show notes

The feud between the governor and the mouse has more nuance and legal curiosities than it might seem at first glance, and David and Sarah are here for it. But also:

-Is the debt ceiling "unconstitutional"?

-History and Tradition revisited (listen to this week's week earlier episode for the full discussion)

-Trigger warning for one of the most gruesome 4th Amendment analysis taken up by the pod.

Out of context: "These people could have been in drawers."

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Killing Zombies at the Justice Monastery May 02, 2023

Show notes

A case before the Supreme Court may bring the axe to the long zombified Chevron deference. Sarah and David also take a look at:

-North Carolina’s flip-flops on gerrymandering delaying the inevitable

-A 94-year-old’s legal fight against property seizure gets a hearing

-Is the distinction between History and Tradition a bait and switch?

-Supreme Court Ethics are in the news again... (yikes)

-Q&A from 1L’s

Show Notes:

-In Ruling with Major Political Implications that Potentially Moots U.S. Supreme Court Decision in Moore v. Harper Independent State Legislature Case, North Carolina Supreme Court, on 5-2 Partisan Vote, Holds Partisan Gerrymandering Claims Cannot Be Brought Under State Constitution

-What happens to Moore v. Harper after the latest North Carolina Supreme Court decision in the partisan gerrymandering case?

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Are You There God? It's Me, The Lemon Test Apr 27, 2023

Show notes

Is it unconstitutional to push religion in a state that favors religion generally? Two bills in Texas are igniting the debate over the establishment clause and religious coercion. Plus:

-Brother Jesus!

-The angriest bee in Scott Lincicome's bonnet also known as The Jones Act

-E. Jean Carroll's rape case against Trump begins

-Justice Gorsuch in the latest rounds of SCOTUS media hit pieces (edited)

Show Notes:

-Backstory on homeless lawyer's crusade against the 10 Commandments

-Politico's hit piece on Gorsuch

-Critiques of Gorsuch's piece

-The Jones Act Is Unconstitutional

-Texas bill on 10 Commandments

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The Tech Term Arrives Apr 25, 2023

Show notes

It’s a SCOTUS packed pod featuring an Alito dissent going into his ~feels~. Plus, AO is getting ready for the much-anticipated Tech Term(s), and Sarah needs David's reassurance that everything will be alright. On the docket:

Dueling certs over state actors blocking users on social media
Alito bring out the hot sauce for shadow dockets debate
The tweet the triggered David
Can prosecuting threats of violence chill free speech?

Show Notes:

-Josh Blackman's article for Reason magazine

-Justice Clarence Thomas dissent in Elliott V. O'Mara

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Sarah's Buckets Hit SCOTUS (Oh, and Fox News Settles Dominion Case) Apr 20, 2023

Show notes

BREAKING! Sarah’s buckets have finally arrived at the Supreme Court. Also: Fox News agrees to pay and pay and pay... but won't tell you about it.

Today's buckets:

-You can’t leave our relationship

-Bonus: Footage of New York and New Jersey debating the validity of their pact

-Accommodation versus discrimination, undue burden versus substantial cost

-Groff's gonna lose... probably (are religious freedom activists tired of winning?)

-The AO buckets have arrived

-DeSantis to eliminate unanimous jury sentencing for the death penalty

-Fox News settles for $787 million in Dominion lawsuit

-...how Fox covered the settlement

-David has been through things

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A Nerdy Amuse Bouche Apr 18, 2023

Show notes

Justice Alito stays the Texas abortion pill ruling, leading to Sarah and David going full law nerds as they push back on bad reporting and evaluate the legal versus real world consequences. Also:

-A snarky(?) Gorsuch

-Sarah's favorite recent opinion

-Updated takes on Alvin Bragg and Jim Jordan

-*Sigh* Clarence Thomas

-David’s insight into the Pentagon leaks

Show Notes:

-NYT Opinion Piece on ethics of SCOTUS Justices

-National Constitution Center: Interpretation of Speech and Debate clause

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Screaming Complaints Apr 13, 2023

Show notes

Manhattan DA Alvin Bragg’s latest PR stunt is a fight against Jim Jordan and Republican grandstanding. Sarah and David tear through the 50-page lawsuit before getting to a special guest interview with Andrew Brasher, former Solicitor General of Alabama.

Show Notes:

-Bragg goes after Jordan: merit + lots of nonsense

-The cruel unfairness of debating someone who's good at debating, see: Isgur v Goldberg on Nazis marching in Skokie

-A sidebar on actually listening to opinions different than yours

-Judge Brasher on SGs and career paths.

-The clerk application process isn't great

-Wordle and CIA-level crossword secrets

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About Those Dueling Abortion Rulings... Apr 11, 2023

Show notes

Federal courts, bad incentives, culture war exhibitionism, and abortion distortion… And the week's only started. But Sarah and host emeritus are here for you to make sense of:

-Dueling abortion rulings in Texas and Washington state

-Clarence Thomas’ friendship with Harlan Crow

-Transgender cases and the winding down of shadow dockets

-Gov. Greg Abbott wants to pardon a convicted murderer under Texas' "Stand Your Ground" law

Show Notes:

-Assessing the Legal Claims in Alliance for Hippocratic Medicine v. FDA

-Mifepristone and the rule of law

-Kluge v Brownsburg Community School Corp.

-The case of the Christian professor and pronouns

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