Advisory Opinions

Latest Episodes:

Is This a Lollapalooza? Dec 08, 2022

Show notes

In an all-star hearing, the Supreme Court considers a melange of legal and philosophical arguments concerning the “independent state legislature” doctrine. But first, David and Sarah revisit 303 Creative and debate the Tough (with a capital T) line between law and morality. Also: Should Judge Cannon be impeached?

Out of context: “For the record, Sarah, there are Mean Girls in Dune.”

Show Notes:

-J. Michael Luttig for The Atlantic against the Independent State Legislature doctrine

Learn more about your ad choices. Visit megaphone.fm/adchoices

Special Master No More Dec 06, 2022

Show notes

Finally, the Supreme Court hears arguments on Creative 303, the case that asks whether a web designer can refuse to provide her services for a gay wedding. And the hearing was... a mess! Also: The 11th Circuit shuts down the Special Master's review of Mar-a-Lago documents. David and Sarah sum up the ruling as “predictable, even quasi inevitable," while debating whether or not it "dunked" on judge Cannon.

Show Notes:

-303 Creative Oral Argument

Learn more about your ad choices. Visit megaphone.fm/adchoices

The Brooding Omnipresence of the Law Dec 01, 2022

Show notes

The AO marathon continues as David and Sarah catch up on Supreme Court hearings. In this feature-length episode, they explore the line between lobbying and bribery, raise eyebrows at the historicity of the "independent legislature" argument, and debate the extent to which the 303 Creative case is about speech. Also: the Jan. 6 prosecutors may have caught their white whale.

Show Notes:

-Oath Keepers founder convicted

-303 Creative’s oral argument

Learn more about your ad choices. Visit megaphone.fm/adchoices

First Amendment Monday (on a Tuesday) Nov 29, 2022

Show notes

It's censor v. censor, as politicians, academics, and journalists from left to right fight over who gets to block whose free speech. Plus: David and Sarah reconsider their comments about the alleged Alito leak.

Show Notes:

-Novoa v. Diaz

-Villarreal v. Laredo, Texas

-Reason Magazine on the stakes of Villarreal’s lawsuit

-David’s piece on the meaning of religious freedom

Learn more about your ad choices. Visit megaphone.fm/adchoices

The Access Grift Nov 22, 2022

Show notes

As rumors swirl about another Alito leak, David and Sarah examine DC’s corrosive obsession with “access.” They also discuss the DOJ's appointment of a special counsel for the Trump investigations, revisit their discussion of protective orders, and ask whether we should care about law schools pulling out of the US News & World Report.

Plus: get your bingo cards ready!

Show Notes:

-AO Bingo

-Lincoln’s Thanksgiving proclamation

Learn more about your ad choices. Visit megaphone.fm/adchoices

The Future of the Federalist Society Nov 17, 2022

Show notes

Haggard and sleep deprived, Sarah and David buckle down for an extra-long episode that covers student loans, court sanctions, gay marriage legislation, more FedSoc speculation, and [deep breath] the founding principles of the United States. Ready thy popcorn.

Show Notes:

-Sanctioning Trump's lawyers

-Codifying gay marriage

Learn more about your ad choices. Visit megaphone.fm/adchoices

The Gobsmacking Guns Case Nov 15, 2022

Show notes

Things get visceral as David and Sarah discuss Haaland v. Brackeen, the Supreme Court case that may determine who gets to adopt a Native American child. Then, having picked up their dropped jaws, they parse a federal court's ruling that deemed it unconstitutional to prohibit gun ownership based on a history of domestic violence.

Plus: Sarah provides some FedSoc gala gossip.

Show Notes:

-Haaland v. Brackeen

-Gabriel Malor, no snark

Learn more about your ad choices. Visit megaphone.fm/adchoices

Guns. Ho. Nov 10, 2022

Show notes

Yes, David and Sarah share their post-election thoughts (including the Trump question), but they also talk some law! From Judge James Ho (the scourge of Yale Law School) nudging SCOTUS to recognize an unenumerated right to make a living, to New York state’s gun laws hitting a wall in court… the takes are a-flowing. But none more shocking than David’s all-time top two songs.

Plus: David ruefully performs a post-mortem to his midterm pre-mortem.

Learn more about your ad choices. Visit megaphone.fm/adchoices

No More Pre-Mortem (Almost) Nov 08, 2022

Show notes

On today's combative pod, David and Sarah revisit the Stacey Abrams lawsuits and check in on the state of election laws. They then turn to the question of expressive activity and whether a state can force a beauty pageant to include transgender contestants. They conclude with an examination of Washington state's approach to "unconscious bias" in trials.

Plus: the duo offers a few pronunciation meae culpae.

Show Notes:

-David on Stacey Abrams’ election challenges

-Green v. Miss United States of America

-Henderson v. Thompson

-Scientific American on the problems with “implicit bias”

Learn more about your ad choices. Visit megaphone.fm/adchoices

Affirmative Action Hearing, pt. 2 Nov 03, 2022

Show notes

Time to talk about Harvard. Returning to the affirmative action debate, David and Sarah consider the differences between UNC and Harvard, unpack the justices’ questions and comments, and ask what kind of diversity Harvard hopes to promote, if at all. They also discuss the preemptive backlash to Justice Amy Coney Barrett’s upcoming book, and the attack on Paul Pelosi.

Show Notes:

-Court filing detailing the break in to Nancy Pelosi's house.

Learn more about your ad choices. Visit megaphone.fm/adchoices