Advisory Opinions

Latest Episodes:

Rod Rosenstein Talks Special Counsels Jan 24, 2023

Show notes

If somebody understands the challenges of appointing special counsels, it's Deputy Attorney General Rod Rosenstein. He joins Advisory Opinions to talk (and reminisce) about DOJ drama. Also: Sarah and David have some tepid SCOTUS updates.

Show Notes:

-NYT: Investigators Seize More Classified Documents From Biden's Home

-The Dispatch Podcast: The Biden Files

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Saved By Cert Jan 19, 2023

Show notes

The Supreme Court saves the day (or at least, this episode) with a slew of last-minute cert grants. A consolidated immigration case; a legal battle between a 93-year-old woman and the state of Minnesota over a foreclosed condo; a search for the line between free speech and death threats; and, for good measure, David lets out a bee that’s been buzzing in his bonnet since law school over a religious accommodations case. Plus: so long sans serif!

Show Notes:

Pugin v. Garland, Garland v. Cordero-Garcia

Tyler v. Hennepin

Counterman v. Colorado

Groff v. DeJoy

McSweeneys: I'm Comic Sans

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Stop Doing This Jan 17, 2023

Show notes

As they consider the meaning of Robert Hur’s appointment as Special Counsel, Sarah and David cast a wish to the universe that top officials be held accountable for mishandling classified documents (or that they just stop doing that). They also discuss whether collegiality is declining among Supreme Court justices, take the pulse of religious liberty in the law, briefly discuss Fairfax county’s “war on merit” controversy, and offer a simple-to-follow definition of academic freedom.

-”Should have no impact”

-Steven Mazie on SCOTUS collegiality

-The president of Hamline University responds

-The latest from Fairfax County

-David on the ruling out of Eugene, Oregon

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Is It Windbreaker Time, Yet? Jan 12, 2023

Show notes

Following Sarah's personal tribute to the incomparable Will Consovoy, Sarah and David wade through the news about Biden's mishandling of classified documents and wonder about its implications on the Mar-a-Lago case. Then, David checks in the Georgia grand jury about Trump's alleged election interference, and a Sarah reviews two SCOTUS arguments, one concerning attorney-client privilege and union strikes. Finally, Sarah and David joyfully examine the true value of noncompete clauses.

Show Notes:

In Memory: Will Consovoy

NYT: Biden Lawyers Find Classified Material At His Former Office

The Dispatch: Dueling Documents Case

CNN: Georgia grand jury investigating Trump and 2020 election aftermath completes its work

In re Grand Jury argrument transcripts

Glacier Northwest, Inc. v. International Brotherhood of Teamsters argument transcripts

FTC Proposes Rule To Ban Noncompetes

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Be Not So Sensitive Jan 10, 2023

Show notes

We got some exquisite First and Second Amendment content for you today. David and Sarah discuss a Fifth Circuit decision to strike down the Trump administration ban on bump stocks. They then discuss whether a teacher has a right to wear a MAGA cap even if it engenders emotional reactions.

Show Notes:

Fifth Circuit Majority Opinion on Bump Stock bans

Gorsuch's dissent

Judge Elrod's musical talents

Summary from 9th U.S. Circuit Court of Appeals on MAGA hat and free speech

NYT: A Lecturer Showed a Painting of the Prophet Muhammad. She Lost Her Job.

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Confession by Stand-Up Jan 04, 2023

Show notes

In this first episode of the new year, Sarah and David bring a smorgasbord of topics to the table. They cut through the confusion in the legal battle over Title 42 and the question of lingering pandemic law. Also: Comedian Jeff Ross makes headlines by unwittingly getting involved in a death penalty case, and the 11th circuit court of appeals hears a heated case involving a Florida school's transgender bathroom ban.

Oh and yes... David makes a bittersweet announcement.

Show Notes:

Supreme Court Ruling over Title 42

Texas death row Supreme Court appeal involves Jeff Ross Comedy Central roast

U.S. appeals court upholds Florida high school's transgender bathroom ban

Article: Supreme Court off to a slow start

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Everybody Wants a Little More Pandemic Dec 22, 2022

Show notes

Vaccine mandates! Title 42 and border policy! Twitter Files updates! Electoral Count Act! “The Imperial Supreme Court”! FedSoc/Sate showdown! Sarah and David are marathoning through topics in the hope of placating the wrathful law gods and preempting a Christmas-time emergency pod. (Knock on wood.)

Show Notes:

-Adam Liptak’s New York Times piece on the supremacy of the judicial branch

-Mark Joseph Stern’s interview with Judge Pryor for Slate

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Between Persuasion and Coercion Dec 20, 2022

Show notes

Sarah and David look at the latest Twitter Files revelations, and consider whether they point to First Amendment concerns. They also look at the first case about transgender athletes making its way to the Supreme Court. Sarah then breaks down the grammatical debate happening in the comments section with a closing statement on why she was right, although rather unintentionally.

Show Notes:

-Philip Hamburger’s Wall St. Journal piece

-Title IX

-Kevin Stroud talks history of the English language on AO

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Twitter, Trafficking, and Section 230 Dec 15, 2022

Show notes

It’s a lighting-round AO! David and Sarah start with updates on the Loudoun County scandals, the travails of Biden’s student loan forgiveness plan, and the sanctioning of Stop the Steal lawyers. They then turn to the least palatable of topics and discuss Section 230 and social media’s liability (or lack thereof) in the spread of child pornography.

Show Notes:

-Challenges to Biden’s student loan forgiveness reach SCOTUS

-The 10th Circuit sanctions Stop the Steal lawyers

-Reason’s Elizabeth Nolan Brown on Twitter, sex trafficking, and Section 230

-David on Serena Fleites v. MindGeek

-David on America’s child pornography crisis

-Prince William and Kate’s Christmas photo

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Depends What You Mean By 'Shall' Dec 13, 2022

Show notes

Oral arguments on Biden's immigration (in)action push the Supreme Court to decide on the meaning of "shall," and to wrestle with the upshot of two government branches unwilling to do their jobs. David notices that Loudoun County is gaining national notoriety (again!). Plus: Can legal wins for religious freedom lead to a culture war cool down?

Show Notes:

-David's Loudoun county aside

-David's religious freedom aside

Producer note: if you're ready to get serious about your spicy takes...

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