Advisory Opinions

Latest Episodes:

David and Sarah at Yale Feb 25, 2022

Show notes

On today’s podcast, David and Sarah take a trip to New Haven to speak with the law students of Yale University. It’s another packed show. The Supreme Court heard oral argument in a case that dealt with whether a state can defend a rule when the United States stops doing so. Plus, they discuss public-accommodation law and a redistricting lawsuit in Arkansas, but that’s not all, sparks fly when our hosts open the floor for questions.

Show Notes:

-Arizona v. City and County of San Francisco, California

-303 Creative LLC v. Elenis

-Arkansas State Conference NAACP v. Arkansas Board of Apportionment

-David in The New York Times: “We Disagree on a Lot of Things. Except the Danger of Anti-Critical Race Theory Laws.”

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Supreme Court to Review ‘Remain in Mexico’ Feb 22, 2022

Show notes

Today’s podcast is more fast-paced than the NBA All-Star game. David and Sarah talk about the Supreme Court and immigration, Trump and free speech, vaccines and drama in the Fifth Circuit, qualified immunity, and no podcast would be complete without a quick conversation about treason. Buckle up, this pod never slows down.

Show Notes:

-Fifth Circuit opinion

-Eleventh Circuit opinion

-Scott’s law review article: “Qualified and Absolute Immunity at Common Law”

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What Were You Thinking? Feb 17, 2022

Show notes

On today’s podcast, David and Sarah are amazed by developments in the Sarah Palin trial, and they explain why. They discuss some excellent commentary on the latest Durham allegations, and spend some time talking about Florida's "don't say gay" law and wonder whether it might have constitutional problems. They end with the Rule 22.4 discussion that the people demand.

Show Notes:

-Andrew’s piece: “Making Sense of the Latest Clinton-Trump-Russia Court Filing”

-Julian Sanchez’s thread on the Durham filing

-Letter asking Justice Gorsuch to block New York City’s vaccine mandate

-Rule 22. Applications to Individual Justices

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Judge's Letter Fails to Disclose Conflict of Interest Feb 14, 2022

Show notes

On today’s episode, David and Sarah pop from topic to topic, including a discussion of a very strange letter, a brief foray into the Electoral Count Act, a few observations about the Trump top secret document revelations and the most recent John Durham filing. They wrap up with Olympic nonsense. The Russians are at it again.

Show Notes

-Judge Clemon's letter to President Biden

-J. Michael Luttig: “The Conservative Case for Avoiding a Repeat of Jan. 6”

-Latest John Durham filing

-Reuters: “Anti-doping agencies, IOC brace for drawn-out Valieva case”

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Supreme Court Restores Alabama Voting Map Feb 11, 2022

Show notes

It's a day of disagreement! David and Sarah walk through a critical Supreme Court voting rights case, and come out in a different place. They walk through the Sarah Palin trial, and come out in a different place. But then, unity reigns when Sarah concludes the podcast by dunking on Russia and hanging on the rim.

Show Notes:

-Merrill v. Milligan

-Purcell v. Gonzalez

-Section 2 of the Voting Rights Act: Vote Dilution and Vote Deprivation

-Slate: “Sarah Palin Takes the Stand”

-Washington Post: “Palin trial exposes the allure of ‘both sides’ journalism”

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New Supreme Court Frontrunner? Feb 08, 2022

Show notes

On today’s episode, David and Sarah dive into multiple issues. Is Ketanji Brown Jackson still Biden's frontrunner? Also, she wrote her first D.C. circuit opinion. What does it say about her jurisprudence? They also talk about an odd case about Yelp reviews before turning to more serious subjects--deadly no-knock raids and once more about NFL coaches, and how cultures can develop unfair systems.

Show Notes:

-Reason: “Judge Ketanji Brown Jackson's First Circuit Court Opinion”

-Politico: “Former clerk rewrites SCOTUS contenders’ Wikipedia bios”

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NFL Faces Racial Discrimination Lawsuit Feb 04, 2022

Show notes

On today’s podcast, David and Sarah talk about all aspects of Brian Flores's lawsuit against the NFL, with a deep dive into law and culture. They then turn to he who shall not be named and pour water on a specious vision of the apocalypse. They wind up with an impromptu discussion of Whoopi Goldberg, Roseanne Barr, grace, and accountability.

Show Notes:

-Brian Flores's NFL lawsuit

-David in The Atlantic: “The NFL Has a ‘Good Ol’ Boy’ Problem”

-New York Times: “Cawthorn Challenge Raises the Question: Who Is an ‘Insurrectionist’?”

-Politico: “Biden vs. Trump: The Makings of a Shattering Constitutional Crisis”

-Representative Victor Berger of Wisconsin, the First Socialist Member of Congress

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Electoral Count Act! Here We Go Again Feb 01, 2022

Show notes

On today’s episode, Sarah details yet another animal rescue because of course. Then David and Sarah dive into the Electoral Count Act and a mixed-up, messed-up Supreme Court case about pulling books from school libraries. And finally, can Sarah get David to talk about Rep. Madison Cawthorn?

Show Notes:

-Sarah rescues a hawk

-Wall Street Journal: “Congress Sowed the Seeds of Jan. 6 in 1887”

-New York Times: “Book Ban Efforts Spread Across the U.S.”

-Board of Education, Island Trees Union Free School District No. 26 v. Pico by Pico

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Justice Stephen Breyer to Retire Jan 28, 2022

Show notes

On today’s podcast, David and Sarah respond to all the questions about Justice Stephen Breyer's retirement and replacement. Who are the leading candidates? Why is all the talk about Justice Kamala Harris or Justice Michelle Obama a bunch of rubbish? Do we expect any real change in the philosophical composition of the court? They wind up with a discussion of seditious conspiracy and all the reasons why it's tough to charge anyone with trying to overthrow the government.

Show Notes:

-Laurence Tribe: “No hiding behind Pence's skirt on the Supreme Court nomination”

-Office of Legal Counsel Equal Rights Amendment memo

-David in The Atlantic: “Georgia Has a Very Strong Case Against Trump”

-DOJ: Leader of Oath Keepers and 10 Other Individuals Indicted in Federal Court for Seditious Conspiracy and Other Offenses Related to U.S. Capitol Breach

-Reuters: “Hutaree militia walk from jail after charges dismissed”

-18 U.S. Code § 2381 - Treason

-18 U.S. Code Chapter 73 - Obstruction of Justice

-18 U.S. Code § 2384 - Seditious conspiracy

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Supreme Court to Hear Affirmative Action Challenge Jan 25, 2022

Show notes

On today’s podcast, David and Sarah celebrate 200 episodes with a discussion of two key college admissions cases the Supreme Court took up. Plus, they preview Sarah Palin’s defamation trial, and look at a circuit court judge’s unusual opinion.

Show Notes:

-Students for Fair Admissions Inc. v. President & Fellows of Harvard College

-CNN: “Why the Sarah Palin v. New York Times trial will be an 'excruciating experience' for the paper”

-Judge VanDyke’s Ninth Circuit opinion

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