Advisory Opinions

Latest Episodes:

Brutally Unfair, Legally Complicated Jul 06, 2021

Show notes

On today’s not-quite-emergency pod, Sarah and David have thoughts to share about the Supreme Court’s orders from last Friday. David discusses the ins and outs of the Arlene’s Flowers case, where the court denied an appeal from a flower shop owner that refused to design arrangements for a same-sex wedding, and analyzes how Supreme Court justices don’t always rule the way people predict. Then Sarah goes into a slew of other orders from the court on qualified immunity for university admins, religious liberty for the Amish, defamation against public figures, and eminent domain. Plus, David and Sarah review a ruling from a Minneapolis judge that throws a wrench into “defund the police.”

Show Notes:

-Friday Supreme Court orders

-Writ of mandamus from Minneapolis judge on police force

Learn more about your ad choices. Visit megaphone.fm/adchoices

Why Bill Cosby is a Free Man Jul 01, 2021

Show notes

On today’s podcast, David and Sarah start with a discussion about Bill Cosby’s getting released from prison after his sentence was overturned by the Pennsylvania Supreme Court on due process grounds. Our hosts then turn to the two big final decisions from the Supreme Court on voting rights and anonymous donor disclosures, cases that divided the court along ideological lines. Sarah explores the ins and outs of Elena Kagan’s dissent in Brnovich v. Democratic National Committee, while David explains how Americans for Prosperity Foundation v. Bonta isn’t the conservative victory some news outlets have claimed. Finally, David and Sarah talk about a new big tech bill out of Florida that puts a lot of new requirements on big social media platforms (except those operated by certain state theme parks).

Show Notes:

-Pennsylvania Supreme Court Bill Cosby decision

-Brnovich v. Democratic National Committee

-Americans for Prosperity Foundation v. Bonta

Learn more about your ad choices. Visit megaphone.fm/adchoices

Bundle of Sticks Jun 28, 2021

Show notes

We’ve got a lot more first rate Supreme Court analysis for you in today’s pod. David and Sarah break down the most recent cert grant announcements and the court’s refusal to hear some contentious cases involving interstate conflict, transgender bathroom access, and marijuana. They then dive into the Supreme Court’s opinion in Lombardo v. City of St. Louis, which asked a lower court to reevaluate whether police used excessive force in kneeling on the back of a handcuffed suspect who later died. Also, Sarah gives her thoughts on Cedar Point Nursery v. Hassid, a property law dispute involving union recruiting that divided the Supreme Court along even ideological lines. Finally, David and Sarah discuss a heated confrontation at the 5th Circuit about a case involving police officers who tased a person soaked in gasoline and set him on fire.

Show Notes:

-Thomas statement on federal marijuana laws

-John Lombardo v. City of St. Louis, Missouri

-Cedar Point Nursery v. Hassid

-5th Circuit ruling on police incineration

-5th Circuit ruling on en banc petition (and Justice Willett’s dissent)

Learn more about your ad choices. Visit megaphone.fm/adchoices

Angry Cheerleader Gets a Supreme Court Win Jun 24, 2021

Show notes

There was a big win for student free speech at the Supreme Court on Wednesday. In today’s pod, David and Sarah talk all about the long-awaited decision in Mahanoy Area School District v. BL, where the court ruled in favor of a high school cheerleader who was suspended from her team after posting a profanity-laden Snapchat. Our hosts discuss what Justice Stephen Breyer’s ruling means for free speech for students going forward and how much of an impact on schools it will actually have. They then analyze Samuel Alito’s concurrence and Clarence Thomas’ lone “curmudgeonly” dissent. Plus, a quick dive into Lange v. California, the “hot pursuit” Supreme Court case that limits when and how police officers can enter a home without a warrant.

Show Notes

-Mahanoy Area School District v. B.L.

-Lange v. California

Learn more about your ad choices. Visit megaphone.fm/adchoices

Supreme Court Rules Against NCAA Jun 22, 2021

Show notes

Student athletes have reason to celebrate after Monday’s big Supreme Court NCAA decision. In today’s episode, David and Sarah discuss the ins and outs of National Collegiate Athletic Association v. Alston, a unanimous ruling that paves the way for college athletes to receive compensation beyond scholarships as long as it is tied to their education. Our hosts talk about how the case will set a precedent for the future, and analyze a concurrence from the court’s very own basketball coach, Justice Brett Kavanaugh. Also on the podcast, Sarah walks through two other Supreme Court rulings on security fraud and patents. Finally, David and Sarah chat about her recent Twitter spat with Case Western law professor Jonathan Adler about standing in the Obamacare case.

Show Notes:

-National Collegiate Athletic Association v. Alston

-Goldman Sachs Group Inc. v. Arkansas Teacher Retirement System

-United States v. Arthrex Inc.

-Jonathan Adler’s Reason article about the Supreme Court Obamacare case

Learn more about your ad choices. Visit megaphone.fm/adchoices

Supreme Court Dismisses Obamacare Challenge Jun 17, 2021

Show notes

The big Supreme Court rulings have finally arrived! On today’s podcast, David and Sarah discuss two unexpected majorities in California v. Texas, which upheld the constitutionality of Obamacare (again!), and Fulton v. City of Philadelphia, which unanimously protected the religious liberty of Catholic Social Services after the city of Philadelphia excluded CSS from its foster parent program for refusing to certify same-sex couples as foster parents. Our hosts analyze how the Supreme Court denied standing to the states challenging the ACA and then dive into two spicy opinions from Alito. Plus, some “palace intrigue” discussion about whether Alito was denied his chance to write a majority opinion.

Show Notes:

-California v. Texas

-Fulton v. City of Philadelphia

Learn more about your ad choices. Visit megaphone.fm/adchoices

DOJ Lawmaker Subpoenas Explained Jun 14, 2021

Show notes

In today’s jam-packed episode, David and Sarah discuss the Supreme Court’s invitation to the Biden administration to weigh in on a pending challenge to Harvard’s affirmative action policy. Our hosts also untangle two criminal cases that united the justices unanimously in favor of the government, one on felons possessing firearms and another on sentence reduction. Then, Sarah shares insight from her own time at the Department of Justice into why a New York Times story that the Trump-era Justice Department seized the data of congressional Democrats might be overblown. They also explain why the DoJ appears to be siding with former President Donald Trump in a defamation case brought by E. Jean Carroll. Finally, they discuss why a recent Twitter thread on critical race theory that inspired a “hate tsunami” online should inspire you to go attend your local school board meetings.

Show Notes:

-Greer v. United States

-Terry v. United States

-The New York Times’ June 10 initial subpoena story

-The New York Times’ June 13 follow-up story about Don McGahn’s records

-The New York Times’ June 11 follow-up story about DoJ opening an investigation into the subpoenas

-Explanation of Assistant U.S. attorney

-David’s Twitter thread

-David’s debate with Christopher Rufo on Bari Weiss’ podcast

Learn more about your ad choices. Visit megaphone.fm/adchoices

Supreme Court Countdown Continues Jun 10, 2021

Show notes

With a lot of big Supreme Court decisions on the horizon, David and Sarah discuss an unexpected concurrence from Justice Thomas in Borden v. United States, a case about how broadly the government can define “use of force.” Our hosts also review a decision from the 20th Judicial Circuit of Virginia about a school that suspended a professor for not using students’ preferred pronouns and an announcement that the Texas Bar Association will investigate Ken Paxton for his lawsuit to overturn the 2020 election. Finally, they chat about a controversy at Yale Law School involving the infamous “tiger mom” law professor Amy Chua.

Show Notes:

-Borden v. United States

-20th Circuit of Virginia Ruling on preferred pronouns case

-Texas Bar Association investigating Ken Paxton

Learn more about your ad choices. Visit megaphone.fm/adchoices

California's Assault Weapons Ban Overturned Jun 07, 2021

Show notes

Today on the podcast, our hosts walk us through a bit of Supreme Court drama involving Sonia Sotomayor and some historical revision of a 1987 Supreme Court immigration case. They then dive into last week’s 94-page ruling from a federal judge striking down California’s assault weapons ban, a decision that includes references to COVID vaccines and the Swiss Army knife in its robust defense of gun rights in America. Finally, David and Sarah discuss whether civic education can reduce negative partisanship in America.

Show Notes:

-United States v. Palomar-Santiago

-United States v. Mendoza-Lopez

-Sotomayor’s statement on the Draft

-California assault weapons ban ruling

Learn more about your ad choices. Visit megaphone.fm/adchoices

What Does 'So' Mean? Jun 03, 2021

Show notes

On today’s podcast, David and Sarah engage in a riveting discussion about the meaning of the word “so,” specifically in conjunction with the Supreme Court’s ruling in Van Buren v. United States, which deals with the legality of accessing a confidential government database for improper reasons. Our hosts then walk us through a free speech controversy at Stanford Law School involving a local Federalist Society chapter and a parody flyer, including discussing some previously hidden context. Finally, they review the 6th Circuit Court ruling striking down racial considerations for COVID loans.

Show Notes:

-Van Buren v. United States

-“Law student’s graduation in jeopardy as Stanford investigates satirical email lampooning Federalist Society, Sen. Hawley, and Jan. 6 [UPDATED]” by the Foundation for Individual Rights in Education (FIRE)

-“Sixth Circuit Enjoins Use of Race and Sex Preferences for Coronavirus Relief Funding” by Jonathan Adler in Reason

-Regents of the University of California v. Bakke

-Adarand Constructors v. Pena

Learn more about your ad choices. Visit megaphone.fm/adchoices