Advisory Opinions

Latest Episodes:

Supreme Court Rules in Double Jeopardy Case Jun 14, 2022

Show notes

David and Sarah give a rundown of two Supreme Court opinions this week: Shinn v. Ramirez and Denezpi v. United States. They discuss an interesting phenomenon called stochastic terrorism as they cover the attempted murder of Supreme Court Justice Brett Kavanaugh. The gun safety legislative package reached bipartisan compromises in the Senate, but will the House be a bigger hurdle? Our hosts think so.

Show Notes:

-Shinn v. Ramirez

-Denezpi v. United States

-Strickland v. Washington

-AEDPA Act of 1966

-French Press: "There Is No Right Person to Hate"

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Man Charged with Attempted Murder of Justice Kavanaugh Jun 09, 2022

Show notes

Early Wednesday, police arrested an armed man only a block away from Supreme Court Justice Brett Kavanaugh’s home. The man, who was charged with attempted murder, said he wanted to kill Kavanaugh and reportedly was carrying a pistol, a knife, and pepper spray. David and Sarah discuss the dangers of releasing public officials’ personal information online and the darker story behind the false sexual misconduct allegations at Kavanaugh’s 2018 confirmation hearing. They also dive into Justice Clarence Thomas’ opinion in Egbert v. Boule, and tackle questions from the mailbag.

Show Notes:

-Washington Post: “Man with weapon arrested near Brett Kavanaugh’s home, officials say”

-New Yorker: “Senate Democrats investigate a new allegation of sexual misconduct from Brett Kavanaugh’s college years”

-Vox: “The rape culture of the 1980s, explained by Sixteen Candles”

-Egbert v. Boule

-Bivens v. Six Unknown Federal Narcotics Agents

-Jason Aldean: “I Use What I Got”

-Engblom v. Carey

-Harlow v. Fitzgerald

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Dipping Into the Mailbag Jun 07, 2022

Show notes

David and Sarah breeze past three boring Supreme Court cases before answering listener questions on everything from the Ninth Amendment to hearsay rules and to a brutal discussion of their greatest disappointments. It's a potpourri podcast as a prelude to the avalanche of Supreme Court cases that awaits us all.

Show Notes:

-Siegel v. Fitzgerald

-Gallardo v. Marstiller

-Southwest Airlines Co. v. Saxon

-Gallup: “Abortion Poised to Be a Bigger Voting Issue Than in Past”

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Supreme Court Blocks Texas Social Media Law Jun 02, 2022

Show notes

David and Sarah cover a wide variety of topics, from the Amber Heard/Johnny Depp verdict, to the acquittal of Michael Sussman on charges of lying to the FBI in a case brought by special counsel John Durham, to a Pennsylvania election law dispute, and of course the Supreme Court’s decision in the Texas social media case. They end with a discussion of a new Gallup poll about abortion rights and a discussion of the many problems of issue polling.

Show Notes:

-NetChoice, LLC v. Paxton

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

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Sex Abuse in the Church May 27, 2022

Show notes

David and Sarah talk about the Southern Baptist Convention sex abuse scandal, including the role that lawyers play in compounding the injustice of sex abuse in religious institutions. They also talk about an interesting insurrection election eligibility decision in the 4th Circuit and circle back to red flag laws. They also discuss the nature of courage and cowardice under fire.

Show Notes:

-Southern Baptist Convention sexual abuse report

-David in The Atlantic: “The Southern Baptist Horror”

-Cawthorn v. Amalfi

-French Press: “Pass and Enforce Red Flag Laws. Now.”

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Mass Shootings and the Law May 26, 2022

Show notes

David and Sarah talk about the terrible school shooting in Texas and explore various gun control proposals, including red flag laws. They also talk about a new Second Amendment case and its potential relationship to the First Amendment. Next up is the Florida social media law regulation. They end with a brief look at a Pennsylvania election law case that could decide the 2022 Republican Senate primary.

Please note this episode was taped the evening of the school shooting in Texas. Technical difficulties delayed its release.

Show Notes:

-French Press: “Pass and Enforce Red Flag Laws. Now.”

-USA v. Ignacio Jimenez-Shilon

-NetChoice v. Attorney General, State of Florida

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Making Sense of the Depp v. Heard Trial May 20, 2022

Show notes

At long last, David and Sarah address the biggest issue in America today--the state of the Johnny Depp/Amber Heard defamation trial. They also talk about Ted Cruz's Supreme Court win, ask whether the Fifth Circuit destroyed the Securities and Exchange Commission, discuss an interesting case against Alaska Airlines, and end with a bit of legal/political potpourri.

Show Notes:

-Axios: “America more interested in Depp-Heard trial than abortion”

-Patel v. Garland

-Federal Election Comm’n v. Ted Cruz

-Jarkesy v. SEC

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A Conversation with Chief Judge Sutton May 16, 2022

Show notes

It’s a special edition of Advisory Opinions as David and Sarah talk to Chief Judge Jeffrey Sutton of the 6th Circuit Court of Appeals. The discussion ranges far and wide but includes a focus on a subject we don’t talk enough about: state constitutional law.

Show Notes:

-“51 Imperfect Solutions: States and the Making of American Constitutional Law” by Judge Jeffrey Sutton

-“Who Decides?: States as Laboratories of Constitutional Experimentation” by Judge Jeffrey Sutton

-Revisionist History: “The Tortoise and the Hare”

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Texas Social Media Law Goes to Court May 14, 2022

Show notes

David and Sarah spend serious time talking about social media censorship, modern "public squares," and the ability of Texas and Florida to moderate Twitter and Facebook. They also dive into the legality of picketing at home, answer listener questions, and start a conversation about abortion and philosophy that they'll finish live and in-person in Miami on Monday.

Show Notes:

-Manhattan Community Access Corp. v. Halleck

-Washington Post: “Yes, experts say protests at SCOTUS justices’ homes appear to be illegal”

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Dobbs Fallout with a First Amendment Twist May 09, 2022

Show notes

Sarah and David talk more about the leaked draft opinion in Dobbs, but this time with a First Amendment twist. Activists have encouraged protesters to demonstrate outside the homes of the conservative Supreme Court justices. Does it violate the First Amendment to ban protests outside a justice’s home? Is it dangerous and foolish even if it’s lawful? Also, they track the political fallout and discuss three very different polls. Each of them is interesting. One of them is an outlier.

Show Notes:

-Washington Post: “How the future of Roe is testing Roberts on the Supreme Court”

-Reason: “Washington Post Reports On More SCOTUS Leaks”

-Pew: “America’s Abortion Quandary”

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