Advisory Opinions

Latest Episodes:

Thomas Jefferson Admissions Can Remain For Now Apr 05, 2022

Show notes

David and Sarah have much to discuss in today's podcast. They walk through a troubling 4th Circuit decision on race-motivated changes to a Virginia school's admissions policy, discuss a huge defamation verdict against Oberlin College, dive into the Disney wars in Florida, and finish with a quick (fake) legal battle over the titanic Duke/UNC clash at the Final Four.

Show Notes:

-Coalition for TJ v. Fairfax County School Board

-Gibson's Bakery v. Oberlin College

-UNC law students got results

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The Crime-Fraud Exception Apr 01, 2022

Show notes

David and Sarah dive back into the free speech controversy at Yale and parse the difference between a statement being “disappointing,” “so disappointing,” and “bonkers town disappointing.” Then they talk about whether Trump committed a crime when he demanded that Mike Pence follow John Eastman’s legal advice. They end with a bit of fragrant Supreme Court potpourri that smells slightly like bacon.

Show Notes:

-A Message From Dean Gerken on the March 10 Protest

-Eastman v. Thompson

-Berger v. North Carolina State Conference of the NAACP

-Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith

-National Pork Producers Council v. Ross

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Religious Liberty and the Execution Chamber Mar 29, 2022

Show notes

David and Sarah welcome a special guest, Seth Kretzer, the lawyer who argued and won Ramirez v. Collier, the Supreme Court term’s biggest religious liberty case (so far). Sarah and David also talk about Ginni Thomas’s texts, vaccines at the Supreme Court (again), free speech, and Will Smith.

Show Notes:

-David in The Atlantic: “The Worst Ginni Thomas Text Wasn’t From Ginni Thomas”

-Houston Community College System v. Wilson

-Ramirez v. Collier

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Ketanji Brown Jackson Confirmation Hearings Takeaways Mar 25, 2022

Show notes

David and Sarah discuss Ketanji Brown Jackson’s Supreme Court confirmation hearings and a disruption at Yale Law School. They drill down on claims that Judge Jackson is soft on child porn crimes and amplify their objection to both intolerant students and cowardly administrators. Throughout the podcast, a courageous Sarah fights through COVID to podcast in the face of adversity.

Show Notes:

-The Dispatch: “Ketanji Brown Jackson Weathers a Marathon Day Two”

-National Review: “Senator Hawley’s Disingenuous Attack against Judge Jackson’s Record on Child Pornography”

-National Review: “Ho-Hum: The Cases Senator Hawley Cites Show Judge Jackson Is an Unremarkable Sentencer in Child-Porn Cases”

-Washington Post: “Josh Hawley’s misleading attack on Judge Jackson’s sentencing of child-porn offenders”

-Original Jurisdiction: “Free Speech At Yale Law School: One Progressive's Perspective”

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Environmental Law Has 'Major Questions' Mar 18, 2022

Show notes

On today’s podcast, David and Sarah discuss red state crime rates versus blue state crime rates, environmental law as a vehicle for rescuing the American constitutional structure, why senators make better presidential candidates than they used to, and the evolutionary psychology behind bad gamer behavior.

Show Notes:

-Axios: Dem group points to "Red State Murder Problem"

-Massachusetts v. Environmental Protection Agency

-SCOTUSblog: Greenhouse gases and “major questions”: Justices to hear argument on EPA’s power to tackle climate change

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Baby Got Brief Mar 14, 2022

Show notes

David and Sarah hit a ton of topics in today’s podcast, but with an emphasis on state law, including some terribly drafted state laws. They start with the latest on that abortion law in Texas, move on to an abortion law in Missouri, and then discuss the avalanche of misleading commentary about Florida’s so-called “don’t say gay” law (including how "don't say gay" is itself misleading). They wind up talking about teachers' free speech rights, pronouns, and critical race theory.

Show Notes:

-Baby Got Brief lyrics

-New York Times: “Most Women Denied Abortions by Texas Law Got Them Another Way”

-National Review: “The New York Times Misleads on Texas Abortion Trends”

-New York Times: “Texas Supreme Court Shuts Down Final Challenge to Abortion Law”

-CNN: “A Kansas teacher is suing school officials for requiring her to address students by their preferred names, saying the policy violates her religious freedom”

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State Courts, Voting Maps, and the Supreme Court Mar 10, 2022

Show notes

On today’s episode, Sarah and David spend serious time discussing the Supreme Court’s latest voting rights decision, then they launch into their long-awaited, much anticipated analysis of Ketanji Brown Jackson’s “most controversial” opinion (spoiler alert: it’s not that controversial). They end with a chat about free speech on campus and why the culture matters.

Show Notes:

-Revisiting the History of the Independent State Legislature Doctrine

-Eradicating Bush-League Arguments Root and Branch: The Article II Independent-State-Legislature Notion and Related Rubbish

-Merrill v. Milligan

-Moore v. Harper

-Arizona State Legislature v. Arizona Independent Redistricting Comm’n

-Rucho v. Common Cause

-Make The Road New York v. McAleenan

-Make The Road New York v. Wolf

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Cosby, Wooden, and the Supreme Court's Busy Day Mar 08, 2022

Show notes

On today’s podcast, David and Sarah talk about five, yes, five Supreme Court opinions, including cases involving criminal law, state secrets, and social media moderation. They mainly focus on a fascinating case that asks, when are ten crimes one crime?

Show Notes:

-Wooden v. United States

-United States v. Tsarnaev

-Cameron v. EMW Women’s Surgical Center, P. S. C.

-United States v. Zubaydah

-Supreme Court Order List

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January 6 Committee Alleges ‘Criminal Conspiracy’ Mar 03, 2022

Show notes

On today’s episode, David and Sarah start with a Supreme Court update that features cases about adoption and religious freedom before moving on to an extensive discussion of a court filing contesting John Eastman's claims of attorney-client privilege. Does this filing indicate that Donald Trump committed a crime? Also David and Sarah briefly discuss international law and whether European Union membership for Ukraine would mean that the EU would have to fight for Kyiv. Finally, Sarah ends the podcast with the first date story the listeners all wanted to hear.

Show Notes:

-Egbert v. Boule oral argument transcript

-January 6 court filing

-Eastman and Gregory email exchange

-SCOTUS-Toons

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Judge Strikes Down High School's Racial Balancing Policy Feb 28, 2022

Show notes

On today’s podcast, David and Sarah discuss a new case striking down a high school admissions policy in Virginia, digress into a talk about the power of Ukrainian courage, and then return to the law to talk about Clarence and Ginni Thomas and conflicts of interest. They finish with an extended discussion of the role of legislation in regulating the dissemination and discussion of ideas in public schools.

Show Notes:

-Coalition for TJ v. Fairfax County School Board

-Volodymyr Zelenskyy on the Ukrainian version of Dancing with the Stars

-Washington Examiner: “The media's war on Clarence and Ginni Thomas”

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