Advisory Opinions

Latest Episodes:

Twitter Sues Elon Musk to Force Acquisition Jul 14, 2022

Show notes

David and Sarah cover a full spectrum of cases and interesting news today. First up: Will a judge order Elon Musk to buy Twitter? Our hosts address the Texas res judicata case (pronunciation courtesy of a Latin expert); Boycott, Divest, Sanction (BDS) laws; and an abortion travel case. They also answer a question from listeners about the Second Amendment and militia precedent.

Show Notes:

-Twitter v. Musk complaint

-Skiriotes v. Florida

-Fisher v. University of Texas at Austin

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Supreme Court Term Wrap Up with Kannon Shanmugam Jul 12, 2022

Show notes

David and Sarah are joined by Kannon Shanmugam, partner at Paul Weiss, for their now traditional end-of-term Supreme Court case roundup. Was this the most significant Supreme Court term of our lifetimes? Plus: it wouldn’t be a traditional episode with Kannon Shanmugam without another round of barbeque reviews.

Show Notes:

-TMD: The End of ‘Pen and Phone’

-Washington Post: A firm’s split with its star gun-case lawyer shows what ails the left

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Revisiting the Coach Kennedy Case with Hiram Sasser Jul 07, 2022

Show notes

David and Sarah begin by going through SCOTUSblog’s end-of-term Stat Pack. Then Hiram Sasser, executive general counsel for First Liberty Institute, joins for a deep dive into the Kennedy v. Bremerton School District Supreme Court case. Hiram, who was co-counsel on the case, explains the story and talks about Coach Joseph Kennedy from a more personal point of view. How did the facts become so muddled throughout the process? Our hosts have a lively debate about how the case could have—or should have—been handled.

Show Notes:

-SCOTUSblog Stat Pack

-Kennedy v. Bremerton School Dist.

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Supreme Court Wraps Up Term with EPA Decision Jul 05, 2022

Show notes

Last week the Supreme Court ruled to limit the Environmental Protection Agency’s power to regulate carbon emissions. David and Sarah are here to discuss the decision’s fallout and what it means for the rest of the administrative state. Plus: What did the Supreme Court say about Migrant Protection Protocols? And, understanding the controversial election-law case that the Supreme Court agreed to hear.

Show Notes:

-West Virginia v. EPA

-Sarah in Politico: “Why Is Congress Broken? Because the Other Branches Are Doing Its Job”

-Biden v. Texas

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Supreme Court Narrows 2020 Ruling on Tribal Lands Jun 30, 2022

Show notes

On Wednesday, the Supreme Court ruled that Oklahoma state authorities can prosecute non-Indians who commit crimes against Indians on Indian reservations. Narrowing its 2020 decision in McGirt v. Oklahoma. David and Sarah then debate the case for prosecuting Donald Trump after this week’s surprise January 6 hearing. They also look at a surprising death penalty decision from last week.

Show Notes:

-Torres v. Texas Department of Public Safety

-Oklahoma v. Castro-Huerta

-French Press: “The Case for Prosecuting Donald Trump Just Got Much Stronger”

-Nance v. Ward

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Praying Football Coach Wins at Supreme Court Jun 28, 2022

Show notes

The Supreme Court has been making waves with two recent religious liberty cases, Kennedy v. Bremerton School District and Carson v. Makin. Sarah and David delve into the Kennedy opinion, involving a high school football coach who was fired for praying on the field. The case overruled the Lemon test, used in First Amendment cases for decades, but there’s still much to be decided in the future. Plus: More on the political fallout from the Dobbs v. Jackson Women’s Health ruling.

Show Notes:

-Kennedy v. Bremerton School Dist.

-Advisory Opinions: Supreme Court Hears Football Coach Prayer Case

-French Press: Roe is Reversed, and the Right Isn’t Ready

-Advisory Opinions: Supreme Court Overturns Roe and Casey

-Wall Street Journal: The Law Firm That Got Tired of Winning

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Supreme Court Overturns Roe and Casey Jun 25, 2022

Show notes

The outcome might not have been surprising, but the official release of the Dobbs v. Jackson opinion on Friday was still earth shaking, as it overturned Roe v. Wade and a half-century of precedent on abortion. Sarah and David convened an emergency podcast, diving headfirst into the details of the majority opinion written by Justice Samuel Alito, the concurrences by Justice Clarence Thomas, Justice Brett Kavanaugh, and Chief Justice John Roberts, and the liberal dissent. What does this case mean for us and where do we go from here?

Show Notes:

-Dobbs v. Jackson Women’s Health Organization

-Sarah in Politico:“What Alito Should Have Written”

-David in The Atlantic: “The Pro-Life Movement’s Work Is Just Beginning”

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Supreme Court Strikes Down New York Gun Law Jun 24, 2022

Show notes

The Supreme Court struck down a New York law that placed strict limits on carrying a gun outside the home, ruling that Americans have a broad right to carry a handgun in public for self-defense. David and Sarah are together in DC, at The Fund for American Studies, to break it all down. Plus, we have a Supreme Court decision dealing with Miranda violations, and questions from law students from around the country.

Show Notes:

-Vega v. Tekoh

-New York State Rifle & Pistol Assn., Inc. v. Bruen

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Supreme Court Rejects Ban on Public Money for Religious Schools Jun 22, 2022

Show notes

Sarah and David breeze through a few Supreme Court opinions released Tuesday to focus on United States v. Taylor, and how Maine is more rural than Alaska (go figure). David points out that Carson v. Makin, which held that Maine’s “nonsectarian” requirement in schools violated the Free Exercise Clause, is yet another victory for religious liberty in the U.S. And finally, a casual discussion of toddler yoga, skirt skepticism, and how to have fun at your job.

Show Notes:

-United States v. Taylor

-Carson v. Makin

-Peltier v. Charter Day School

-CANarchy Craft Brewery Collective, LLC v. Tex. Alcoholic Beverage Comm’n

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Supreme Court Dismisses GOP Immigration Rules Challenge Jun 16, 2022

Show notes

Sarah and David tackle six rather technical Supreme Court opinions released on Wednesday, including Ysleta del Sur Pueblo v. Texas, involving a Native American tribe. Plus: What does the term “mare’s nest” actually mean? Sarah sheds some historical insight and discusses the primary results in South Carolina and Texas with David. They also briefly cover the Southern Baptist Convention and a recent lawsuit in Florida: Does the right to life trump a religious exemption to have an abortion?

Show Notes:

-Ysleta del Sur Pueblo v. Texas

-The Sweep: The Value of a Trump Endorsement

-Guttmacher: Long-Term Decline in US Abortion Reverses

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