Advisory Opinions

Latest Episodes:

SCOTUS Considers Affirmative Action Nov 01, 2022

Show notes

Two universities defended their admissions process before the Supreme Court on Monday. Starting with the University of North Carolina (with a Harvard tease), David and Sarah grapple with – and at times disagree about – the difficult questions at the heart of the hearing: how should we understand diversity? Is seeking justice for centuries of slavery and discrimination compatible with race neutrality? Who should bear the brunt of righting a historic wrong?

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Chess World Vibes Oct 27, 2022

Show notes

Yes, David and Sarah will be teasing their initial thoughts on the Harvard case and the likelihood of the Supreme Court changing the game on affirmative action... but only after checking in on the real legal scandal currently gripping the nation: cheating allegations in the chess world.

Show Notes:

-Grutter v. Bollinger

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Chess Cheats and Hot Sauce Oct 25, 2022

Show notes

Scandal of scandals! Things get weird after a 19-year-old grandmaster is accused of cheating in a chess tournament against a world champion and David and Sarah are here for it. Plus: Let’s talk CFPB funding and a court decision that gets a direct ticket to SCOTUS.

Out of context: “a limited public figure for the purposes of Donkey Kong.”

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Where’s the Beef? Oct 20, 2022

Show notes

In today’s packed episode, David and Sarah check in on the Durham investigation after recent failures to reach convictions. They then turn to updates on the special master and the Mar-a-Lago case, and on the growing list of challenges (of varying quality) to Biden’s loan forgiveness plan. Not enough? They conclude with an overview of the Texas Pete Hot Sauce lawsuit.

-Texas Pete lawsuit

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The Jan. 6 Committee Subpoenas Trump Oct 18, 2022

Show notes

What options does the former president (and his legal team) have in response to the subpoena? Did Judge Ho’s response to critics mollify Sarah’s concerns? And what does Clarence Thomas think about Prince? Plus: how early should you get in line for a chance at attending a Supreme Court hearing?

-Andy Warhol Foundation v. Lynn Goldsmith

-Judge Ho’s speech on Cancel Culture

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The Case That Broke David's Inbox Oct 13, 2022

Show notes

In an episode dedicated to our pig friends, Sarah and David are joined by two guests from The Humane Society of the United States: Vice President for Farm Animal Protection Josh Balk and Chief Counsel Jonathan Lovvorn. Josh offers insight into the fight against animal cruelty and Jonathan, who chaired a defense of California’s pig farming regulations before the Supreme Court this Wednesday, discusses whether the courts can (and should) resolve moral questions.

Show Notes:

-National Pork Producers v. Karen Ross

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Live From George Mason Oct 12, 2022

Show notes

Recording live at George Mason University, David and Sarah open with a critical WAP correction to last week’s show, followed by updates on The Onion amicus brief and the never-ending Yale drama. Plus: Amy Coney Barrett takes on Common Good Constitutionalism and the Fifth Circuit decides a “zero-pence case” on religious coercion.

Show Notes:

-Fifth Circuit decision on Freedom From Religion v. Wayne Mack

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The Onion Files an Amicus Brief Oct 06, 2022

Show notes

An Alabama redistricting case receives a contentious Supreme Court hearing, weighing race neutrality against a history of racial discrimination. Donald Trump files an emergency request with the Supreme Court and it’s… technical. Oh, and did we mention The Onion’s amicus brief? Also: stick to the end for a letter from the best compliance supervisor in America.

Show Notes:

-The Onion’s amicus brief

-Merrill v. Milligan

-Trump’s emergency request

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You Must Have Misunderstood Law Oct 04, 2022

Show notes

Trump’s legal drama — Judge Cannon returns! Ken Paxton opines! Fraud alleged! — will be discussed at last... But first, Sarah and David preview what promises to be a spicy term for the Supreme Court (with not one, but two Section 230 cases!). They then pass through a culture war cul-de-sac via Judge James Ho’s clerkship boycott of Yale law students, and conclude with a tribute to Judge Laurence Silberman.

Plus: the committed listener will learn the truth about how Sarah ended up in The Federalist Society.

Show Notes:

-David’s amicus brief

-Twitter at the Supreme Court

-Ken Paxton’s amici for Fulton County v. Lindsey Graham

-David Lat on Ho v. Yale reactions

-Josh Blackman supporting on Yale Law sellouts

-Laurence Silberman’s WSJ obit

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The Bell Tolls Long Conference Sep 29, 2022

Show notes

From the first legal challenge to President Biden’s student loan forgiveness program to a bad precedent in the making involving the NRA, from nation-wide injunctions to budding Supreme Court friendships — today’s show is packed with non-Trump content! (For a hard look into the ex-president’s legal woes, tune in again on Monday!). Also: Sarah and David put on their tin foil hats as they try answering once and for all whether our devices are listening in on us.

Out of context: “I don’t like this outcome, Sarah.”

Show Notes:

-Frank Garrison v. Department of Education

-Second Circuit Decision on NRA v. Vullo

-The man who prevented nuclear war

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