Advisory Opinions

Latest Episodes:

Making Sense of the Supreme Court Leak Part II May 05, 2022

Show notes

David and Sarah spend more time on the leaked draft opinion by Justice Samuel Alito on Dobbs and ask the question: If Alito's opinion holds, what does that mean for gay marriage? They also discuss last week's Supreme Court ruling that the city of Boston violated the First Amendment by refusing to fly a Christian group’s flag and then discuss "After School Satan" more than any podcast in human history. They finish with a discussion of a great concurrence in an infuriating case.

Show Notes:

-G-File: “Why Joe Biden Hates Saying the A-Word”

-Sarah in Politico: “Abortion Might Not Be the Wedge Issue It Used to Be”

-David in The Atlantic: “What Alito Got Right”

-Shurtleff v. Boston

-Wearry v. Foster

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Making Sense of the Supreme Court Leak May 03, 2022

Show notes

In an emergency podcast, David and Sarah discuss the leak of Justice Samuel Alito’s abortion opinion. Why did someone leak it? What are the ramifications for the Supreme Court? What should we make of Alito's opinion? What are the political consequences? All that and more in an unprecedented emergency pod for an unprecedented Supreme Court leak.

Show Notes:

-Politico: “Supreme Court has voted to overturn abortion rights, draft opinion shows”

-TMD: “Supreme Court Reportedly Poised to Overturn Roe v. Wade”

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Supreme Court Hears Migrant Protection Protocols Case May 03, 2022

Show notes

David and Sarah talk about the Supreme Court as they discuss the fate of Trump's Migrant Protection Protocols, talk about yet another win for the First Amendment, and revisit Coach Kennedy's prayers. Then they move on to analyze one of the wildest and strangest qualified immunity cases yet and the prospects of Florida's social media censorship bill. Sarah ends with a potpourri of topics, including tales from the White House Correspondents Association dinner.

Show Notes:

-Shurtleff v. Boston

-Biden v. Texas

-David in The Atlantic: “Let Coach Kennedy Pray”

-Supreme Court bingo

-SCOTUSblog: “In sequel to McGirt, justices will again review scope of state prosecutorial power in Indian country”

-Washington Post: “The suspect told police ‘give me a lawyer dog.’ The court says he wasn’t asking for a lawyer.”

-Eleventh Circuit oral arguments recordings

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Supreme Court Hears Football Coach Prayer Case Apr 29, 2022

Show notes

It's a glorious podcast today as David and Sarah talk about a praying football coach, Miranda rights, and the hottest Supreme Court justices. They answer a key constitutional question: how undead is the Lemon Test?

Show Notes:

-SCOTUSblog: “Can you sue the police for Miranda violations?”

-Kennedy v. Bremerton School District

-PBS: “Chief Justice Roberts’ emotional tribute to retiring Justice Breyer”

-Hottest Supreme Court justices?

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Professor Vladeck Talks Progressive Legal Philosophy Apr 26, 2022

Show notes

Sarah and David talk about the First Amendment, 14th Amendment, Puerto Rico, and progressive legal philosophy. They start with a big Supreme Court case that makes David fall asleep, move on to Clarence Thomas' musings, and then finish with an enlightening and interesting conversation with Steve Vladeck, law professor at the University of Texas, about the shadow docket, Kagan originalism, and much, much more. Oh, and David ends with a movie recommendation. Since his pop culture recommendations are infallible, you'll want to listen to the end.

Show Notes:

-City of Austin v. Reagan National Advertising of Austin, LLC

-Hill v. Colorado

-United States v. Vaello Madero

-New York Times: “Roberts Has Lost Control of the Supreme Court”

-The Unbearable Weight of Massive Talent trailer

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Federal Judge Strikes Down Mask Mandate Apr 22, 2022

Show notes

David and Sarah dive into the nationwide injunction ending the Biden administration's travel mask mandate, with Sarah adopting a "nope, yep, yep" approach to the decision and David countering with a "nope, yep, nope." They also discuss Gov. Ron DeSantis and the First Amendment and conclude with a rather amusing example of Uber getting exactly what it asked for… and not liking it at all.

Show Notes:

-Decision that struck down the federal mask mandate

-David Latt: “Musings On Mizelle's Mask-Mandate Magnum Opus”

-Ilya Somin: “Federal Court Rules Against CDC Transportation Mask Mandate”

-Andrew McCarthy: “What’s Wrong and What’s Right about Judge Mizelle’s Mask-Mandate Decision”

-O'Hare Truck Service, Inc. v. City of Northlake, 518 U.S. 712

-Bloomberg: “Trump Lawyer Sticks Uber With $91 Million Arbitration Bill for 'Reverse Bias' Claims”

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How and Why We Change Apr 18, 2022

Show notes

In a glorious pod about which songs will be sung and tales will be told, Sarah and David talk about our puzzling and arbitrary death penalty, briefly discuss a pronoun case, and then talk about change. Why aren't we the people we were 10 years ago? Finally, they ask and answer the question: Do we need more trial lawyers on the Supreme Court?

Show Notes:

-Supreme Court order list

-Love v. Texas

-French Press: “American Racism: We’ve Got So Very Far to Go”

-National Review: “How the Supreme Court Became the Province of Cloistered Elites”

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That Nationwide Injunctions Concurrence Apr 15, 2022

Show notes

David and Sarah start with a short talk about Elon Musk and his quest to buy Twitter, then talk about a fascinating 6th Circuit concurrence that's the best two-page explainer of nationwide injunctions that's available anywhere, and they wind up with an extended discussion of library book bans, and how to judge what's best for kids.

Show Notes:

-House passes bill to honor Sandra Day O'Connor and Ruth Bader Ginsburg

-Arizona, et al. v. Biden, et al.

-PEN America: “Banned in the USA: Rising School Book Bans Threaten Free Expression and Students’ First Amendment Rights”

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The Argument for Originalism Apr 12, 2022

Show notes

Sarah and David address the very interesting announcement that Elon Musk won’t be joining Twitter’s board, including the clues about the reason that are not-so-hidden in Twitter’s announcement. They also discuss the acquittals in the alleged kidnapping plot of Michigan Gov. Gretchen Whitmer, and they talk to Catholic University law professor Joel Alicea about his new law review article, “The Moral Authority of Original Meaning.” Sarah ends the podcast with an interesting question.

Show Notes:

-Joel Alicea: “The Moral Authority of Original Meaning”

-“Why We Are Restless: On the Modern Quest for Contentment” by Benjamin Storey and Jenna Silber Storey

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Supreme Court Rules in Malicious Prosecution Case Apr 08, 2022

Show notes

David and Sarah talk about a fascinating Supreme Court case that no one is discussing, unleash again on Yale Law School, and then spend the last few minutes on Sarah’s game show idea—a revolutionary combination of social science and dating advice. Plus, book recommendations!

Show Notes:

-Louisiana v. American Rivers

-Thompson v. Clark

-“Rethinking Sex: A Provocation” by Christine Emba

-David in The Atlantic: “Consent Was Never Enough”

-Christine Emba: “Consent is not enough. We need a new sexual ethic.”

-“Powers and Thrones: A New History of the Middle Ages” by Dan Jones

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