Advisory Opinions

Latest Episodes:

Eastman Memo: It's Real and It's Not Spectacular Sep 23, 2021

Show notes

In today’s episode, Sarah and David discuss a number of situations where events have proven their predictions true, starting with a challenge to the Texas abortion law and ending with a complaint over critical race theory. In between, our hosts also dissect the legal arguments underpinning the push to get Vice President Mike Pence to overturn the 2020 presidential election and discuss a new bill that would reign in presidential powers.

Show Notes:

-Alan Braid, Texas abortion doctor, sued over ban

-John Eastman memo

-Reuters story on critical race theory

-Williamson County critical race theory complaint

-New York Times story on Protecting Our Democracy Act

-House analysis of the Protecting Our Democracy Act provisions

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How to Get Away with Interstate Mail Fraud Sep 20, 2021

Show notes

On today’s podcast, David and Sarah discuss a host of thorny legal issues starting with an indictment against a lawyer who lied to the FBI when he alleged communications between the Trump Organization and a Russian bank. They then dig into a Second Amendment amici brief, a defamation case, and the issue of misleading headlines. Listen to the end to hear Sarah explain how to get away with murder (or somewhat less sensationally, how to get away with interstate mail fraud).

SHOW NOTES

Indictment: U.S. v. Michael A. Sussmann

Second Amendment Amici brief regarding New York gun laws

Rep. Devin Nunes' suit against Ryan Lizza and Hearst Magazine Media

The Writer of This Article Also Wrote This Headline and That’s Rare

“The Perfect Crime,” Georgetown Law Review article by Brian C. Kalt

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Future of Biden's Vaccine Mandate Sep 13, 2021

Show notes

In today’s episode, Sarah and David give you everything you need to combat half-baked hot takes about the Biden administration’s vaccine mandate as they discuss whether the Occupational Safety and Health Administration (OSHA) has the statutory authority to issue its rule. They then indulge in an exploration of the Commerce Clause. Lastly, our hosts discuss new legal updates to the abortion heartbeat law, as well as some potpourri.

Show Notes:

-President Biden’s executive order requiring COVID-19 vaccination for federal employees

-Explanation of Biden’s EO in The Morning Dispatch

-Jacobson v. Massachusetts establishing the government’s right to compulsory vaccination

-United States of America v. Texas on Texas’ abortion statute

-The opinion from the U.S. Court of Appeals for the 6th Circuit on Tennessee’s heartbeat abortion ban

-Asbestos Information Ass'n v. OSHA case

-Congressional Research service paper on OSHA

-Justice Breyer interview transcript with Chris Wallace

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Automatic, Still Is Sep 09, 2021

Show notes

In today’s episode, Sarah and David discuss a fiery concurrence from Judge James Ho in the U.S. Court of Appeals for the 5th Circuit’s opinion upholding a Texas ban on certain abortion procedures. They then discuss an indictment related to the Ahmaud Arbery killing, a death penalty case with religious liberty implications, and a Donald Trump Jr. defamation case. Lastly, listen till the end to hear about the cult (which centers around a current Supreme Court justice) that our hosts are vying to join.

Show Notes:

-The 5th Circuit’s opinion on Whole Woman’s Health v. Paxton

-Indictment of former District Attorney Jacquelyn Lee Johnson

-Supreme Court’s stay of execution for John Ramirez

-District Court opinion in Blankenship v. Trump

-“Automatic, Still Is.” soundcloud

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Supreme Court's Texas Abortion Law Decision Explained Sep 02, 2021

Show notes

Late Wednesday night, the Supreme Court, in a 5-4 decision, refused to block a Texas abortion law that went into effect earlier in the day. Sarah and David engage in a very detailed discussion of Whole Woman’s Health v. Jackson, equipping intrepid listeners to combat any bad legal hot takes they might encounter. They cover what this means for states that want to challenge constitutional rights, for women in Texas with nonviable pregnancies, and, the million dollar question: what this means for the right to abortion established by Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey.

Show Notes:

-Supreme Court opinion on Whole Woman's Health v. Jackson

-Definition of Ex Parte

-Definition of Qui Tam

-Link to the complaint and emergency applications in Whole Woman’s Health v. Jackson

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Ben Folds Talks Creativity Aug 30, 2021

Show notes

For today’s episode, Sarah is joined by special guest Ben Folds, storied American singer-songwriter, musician, and podcaster. They discuss how failure is baked into doing science, how Folds’ song about the Mueller investigation is the perfect place to start for the law-curious, and the song-writing process.

Show Notes:

-Mister Peepers by Ben Folds

-Still Fighting It by Ben Folds

-A Dream About Lightning Bugs: A Life of Music and Cheap Lessons by Ben Folds

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The Spirit of Curling Aug 23, 2021

Show notes

Mitchell Berman, professor of law at the University of Pennsylvania’s Carey Law School, joins our hosts for a fascinating discussion on the jurisprudence of sports. In a wide-ranging discussion, David and Sarah adjudicate everything from how unwritten traditions are enforced in games to how robot umpires are changing the landscape. And of course, no sports law discussion would be complete without a dive into the Olympics.

Show Notes:

-The Jurisprudence of Sports by Mitchell Berman

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Ducklings Have Come Home to Roost Aug 19, 2021

Show notes

In today’s episode, Sarah takes listeners along on a wildlife rescue mission that involves a baby turtle, a surprise rain storm, and mosquito netting. But don’t worry, it has a happy ending. Our hosts then turn to the Biden administration’s proposal to tie mask mandates to civil rights law and the latest development on the “remain in Mexico” policy. Finally, Sarah and David discuss the Texas Supreme Court ruling that is bad news for Texas Democratic lawmakers trying to avoid arrest.

Show Notes:

-The Dispatch Live on Afghanistan

-New York Times story on Biden administration’s move against mask bans

-Texas federal judge's ruling on “remain-in-Mexico”

-Texas Supreme Court ruling on Texas Democratic lawmakers

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Constellations Aug 17, 2021

Show notes

On this episode, our hosts are joined by Matthew Barzun, an American businessman, diplomat, and longtime political fundraiser. Sarah and David dive into his paradigm-shifting book, The Power of Giving Away Power, and what it teaches about leadership. Along the way, they also discuss everything from what Barzun learned during his time fundraising for former president Barack Obama’s 2008 presidential campaign, to the etiquette of bowing to royalty while working as an American ambassador abroad.

Show Notes:

-Matthew Barzun’s book, The Power of Giving Away Power: How the Best Leaders Learn to Let Go

-Teddy Roosevelt’s Man in the Arena quote

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Defamation Law 101 Aug 12, 2021

Show notes

In a jam-packed episode our hosts explore everything from vaccine passports on cruise ships to a shaky argument that eviction moratoriums violate the Third Amendment’s prohibition on quartering soldiers. First up on the docket, Sarah and David dive into attempts by Sidney Powell, Rudy Giuliani, and Mike Lindell’s to dismiss Dominion’s defamation lawsuit against them. Be sure to listen to the end for their analysis on whether a topless sunbathing case meets the intermediate scrutiny test.

Show Notes:

-Dominion defamation lawsuit

-Preliminary injunction on vaccine passports in Florida

-Todd Zywicki’s lawsuit against George Mason University

-Third Amendment Lawyers Association amicus brief on the eviction moratorium

-4th Circuit ruling upholding a ban on topless sunbathing

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