Advisory Opinions

Latest Episodes:

Fact, Fiction, and the Fight Aug 10, 2021

Show notes

In this episode, David and Sarah continue their August tradition of looking outside the world of legal nerdery with Jonathan Rauch, a senior fellow at the Brookings Institution, and author of the book The Constitution of Knowledge. Rauch has been warning about the dangers to free speech for a long time. What is the state of free speech? And how much of a threat is illiberalism?

Show Notes:

-Rauch’s book The Constitution of Knowledge

-Rauch’s book Kindly Inquisitors

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Eviction Moratorium Faces Legal Challenges Aug 05, 2021

Show notes

In today’s episode, David and Sarah discuss the Biden administration’s flip-flop on extending the eviction moratorium and how it’s almost certainly an unconstitutional violation of the nondelegation doctrine. They then take on the legal implications of Andrew Cuomo’s sexual harassment controversy, with Sarah explaining why Cuomo’s office was a textbook case of a severe and pervasive hostile work environment. Next, our hosts review a ruling from the 7th Circuit upholding Indiana University’s vaccine mandate and discuss how Twitter posturing on vaccines doesn’t always hold up in court. Finally, David and Sarah talk Facebook and antitrust law—something that, according to Sarah, may just be made up anyways.

Show Notes:

-7th Circuit vaccine mandate ruling

-Poland wins first 4x400 mixed relay gold of Olympics

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We’re Not Saying It’s Aliens, But... Aug 02, 2021

Show notes

Today on the pod, it’s a guest for whom David has been waiting for—Avi Loeb, an astrophysics professor at Harvard University who thinks it might just be possible that aliens have visited earth. Loeb talks about his research into Oumuamua, the first known interstellar object that’s passed through our Solar System, and gives his thoughts on the recently released UFO report from the Office of National Intelligence. Loeb also tells David and Sarah about his scientific philosophy—how science is like a fishing expedition where you throw out a hook and see what happens.

Show Notes:

-Avi Loeb’s book Extraterrestrial: The First Sign of Intelligent Life Beyond Earth

-On Oumuamuaby Avi Loeb

-Office of National Intelligence UFO report

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Compelled Speech and Religious Liberty Jul 30, 2021

Show notes

Could it be time for the Supreme Court to revisit Masterpiece Cakeshop? In today’s episode, David and Sarah discuss a ruling from the 10th Circuit requiring a web developer to create a site for a same sex wedding and what that means for the ongoing debate about compelled speech and religious liberty. They then chat about some new developments involving the lawsuit against Alabama Rep. Mo Brooks for his involvement in the January 6 riot and yet another story involving Amy Chua at Yale Law School.

Show Notes:

-10th Circuit Ruling on Compelled Speech

-DOJ refuses to defend Rep. Mo Brooks

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Swinging for the Fences on Abortion Jul 26, 2021

Show notes

On today’s pod, the discussion is (almost) all about abortion jurisprudence. After a brief look at Taking Offense v. California—a California Court of Appeal for the Third Appellate District case striking down a California law criminalizing long-term care workers repeatedly misgendering their residents—David and Sarah dive into Mississippi’s challenge to Roe v. Wade, which directly asks the Supreme Court to overturn the almost 50-year-old precedent. How did the Mississippi attorney general frame the argument? How likely is it that the argument succeeds? What would American governance look like in a post-Roe world?

Show Notes:

-Taking Offense v. California

-Dobbs v. Jackson Women’s Health Organization

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And May it Please the Court Jul 22, 2021

Show notes

On today’s episode, David and Sarah talk about the recent Supreme Court term with Kannon Shanmugam, a Supreme Court litigant and a partner at Paul Weiss LLP. Our hosts ask Shanmugam what it’s like to argue cases remotely, how much the Supreme Court has changed during Amy Coney Barrett’s first term, and about the court’s judicial philosophy on issues like free speech and qualified immunity. Shanmugam talks about the cases he argued this term and explains how he chooses which clients to represent pro bono.

Show Notes:

-Borden v. United States

-BP v. Baltimore

-Goldman Sachs v. Arkansas Teacher Retirement System

-Henry Schein v. Archer and White

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First Amendment Bonanza Jul 20, 2021

Show notes

It’s a First Amendment-themed pod today. First, David and Sarah discuss the city of Anaheim’s decision to cancel an America First rally with Matt Gaetz and Marjorie Taylor Greene, and how it’s a textbook example of a free speech violation. They then dive into a ruling from a very divided 9th Circuit about a high school coach who was fired for praying publicly with students after football games. Next, they chat about an 8th Circuit case involving University of Iowa and its selective enforcement of free association policies for Christian groups. Finally, David and Sarah talk about the recent Texas district court ruling striking down DACA.

Show Notes:

-Anaheim cancels America First rally

-9th Circuit prayer case

-8th Circuit University of Iowa case

-DACA ruling from district court

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Guns, Avenatti, and Bathrooms Jul 15, 2021

Show notes

It’s an (almost) Supreme Court-free podcast episode today. First, David talks about a ruling from the 4th Circuit striking down federal prohibitions on adults under 21 purchasing firearms, and Sarah gives her thoughts on whether the decision will stand. Then, our hosts dive into the latest in the Michael Avenatti saga, a ruling from a federal judge sentencing him to two and half years in prison for extortion. Finally, Sarah and David chat about a new Tennessee law requiring businesses to notify their customers about their transgender bathroom access policies.

Show Notes:

-Hirschfeld v. Bureau of Alcohol

-Michael Avenatti sentenced to prison for 30 months

-Tennessee bathroom law

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A New Way to View the Supreme Court Jul 12, 2021

Show notes

In today’s podcast, David and Sarah talk about the recent Supreme Court term and how Trump’s justices have changed the ideological makeup of the court. After some SCOTUSBlog stats analysis, Sarah explains how she would categorize the Supreme Court’s jurisprudence this year, and why a lot of commentators are leaving out part of the story when they discuss the justices’ ideological leanings. Plus, a dive into an anti-critical race theory lawsuit out of Evanston, Illinois, where elementary school students have been getting simplistic and controversial “anti-whiteness” training.

Show Notes:

-SCOTUSBlog statistics

-Deemar v. Evanston/Skokie School District 65

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Peter Canellos Talks The Great Dissenter Jul 08, 2021

Show notes

After some brief thoughts about Trump’s lawsuits against Facebook, Twitter, and Google, Sarah and David chat with a special guest: Peter Canellos, editor at large at Politico and the author of a new biography of Justice John Marshall Harlan. Tune in to hear Canellos share some of his research on a man whom he describes as “America’s judicial hero,” a justice who went from Southern slave owner to staunch segregation opponent. Our hosts ask Canellos about Harlan’s famous dissent in Plessy v. Ferguson and what Harlan’s legacy means for the country today.

Show Notes:

-Trump’s lawsuit against Twitter

-The Great Dissenter: The Story of John Marshall Harlan, America's Judicial Hero

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