Advisory Opinions

Latest Episodes:

Copyright Law and Andy Warhol Jun 01, 2021

Show notes

After our hosts catch us up on the latest goings on at the Supreme Court, Sarah tells about another copyright case involving none other than the great Andy Warhol. Plus, David and Sarah chat about the legality of former National Security Adviser Michael Flynn’s call for a coup, an updated indictment involving the Oath Keepers and their January 6 activities, a lawsuit against Florida’s Big Tech law, whether public schools should ban critical race theory, whether you should defer law school if you have the chance, and so much more!

Show Notes:

-Tuesday’s Supreme Court orders

-Garland v. Ming Dai

-United States v. Cooley

-Prince photos

-Oath Keepers indictment

-Conversation between David and Christopher Rufo moderated by Bari Weiss

-“The Sliming of Bari Weiss” by David French in National Review

-Netchoice LLC v. Moody

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Supreme Court's Pipeline Problem May 27, 2021

Show notes

We’ve got another action-packed pod for you. On today’s episode, David and Sarah get listeners up to speed on all the latest legal topics, including a case involving a New Jersey pipeline, Georgia’s anti-BDS law, Florida’s new social media law, a case involving transcendental meditation in an Illinois public school system, ongoing congressional negotiations surrounding qualified immunity, and more! Alec Dent and Ryan Brown also join the show to reminisce on their cicada eating experience earlier this week.

Show Notes:

-PennEast Pipeline Co. v. New Jersey

-David’s latest French Press: “The GOP Becomes What it Once Despised”

-Miami Herald Pub. Co. v. Tornillo

-Separation of Hinduism From Our Schools v. Chicago Public Schools

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A 'Watershed' Rule May 20, 2021

Show notes

On today’s podcast, Sarah and David give their predictions on how the Supreme Court might rule next term in Dobbs v. Jackson Women’s Health Organization, the abortion case challenging a Mississippi law that prohibits most abortions after the 15th week of a woman’s pregnancy. Our hosts also chat about Texas’ new pro-life law, Justice Elena Kagan’s spicy dissent in Edwards v. Vannoy, the Mississippi Supreme Court case they talked about earlier this week, the University of North Carolina board of directors’ decision to block tenure for Nikole Hannah-Jones, and mugshots. Plus, they provide some listener wine pairing recommendations for lead fact-checker Alec Dent’s forthcoming cicada eating experience.

Show Notes:

-Dobbs v. Jackson Women’s Health Organization

-June Medical Services LLC v. Russo

-Edwards v. Vannoy

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Supreme Court Takes Mississippi Abortion Case May 17, 2021

Show notes

The Supreme Court on Monday agreed to hear oral arguments for what will likely turn out to be one of the most intensely followed abortion cases in decades: Dobbs v. Jackson Women’s Health Organization. The case challenges the constitutionality of Mississippi’s Gestational Age Act, a 2018 law that prohibits abortions performed after the 15-week point in a woman’s pregnancy (with limited exceptions). David and Sarah walk us through the likely outcomes of the case and explain how it fits in with the court’s jurisprudence on abortion related questions. Also on today’s podcast, our hosts chat about Caniglia v. Strom, a separate court case involving the Mississippi Supreme Court, the cicada invasion, and more.

Show Notes:

-June Medical Services LLC v. Russo

-Whole Woman’s Health v. Hellerstedt

-Dobbs v. Jackson Women’s Health Organization

-Caniglia v. Strom

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McKay Coppins Talks Kavanaugh May 13, 2021

Show notes

Atlantic reporter McKay Coppins joins the show to chat about his latest profile of Brett Kavanaugh, which tracks the Supreme Court justice’s journey from his contentious 2018 Senate confirmation hearings to the bench. After what David calls a “frank exchange of ideas” about the piece, our hosts give us their take on a federal judge’s decision to dismiss the National Rifle Association’s bankruptcy case, the Facebook Oversight Board’s decision to uphold the platform’s ban on Donald Trump, and lower level judicial confirmation hearings.

Show Notes:

-Coppins’ Atlantic profile of Brett Kavanaugh

-Coppins’ Atlantic piece on stockpiling food

-David’s National Review piece on the Kavanaugh allegations

-David’s Time piece on the Facebook Oversight Board

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The Costa Method May 10, 2021

Show notes

Today, our hosts are thrilled to be joined by Federal Court of Appeals Judge Gregg Costa of the 5th Circuit. In today’s extra-nerdy pod, our esteemed guest gives Sarah and David his expert take on serial clerkships, amicus briefs, nationwide injunctions, and more. Plus, he offers up an inside scoop on how he approaches his judicial philosophy, what he thinks is the proper role for legal advocates in the courtroom, and why “the hardest job [he] ever had was before law school teaching fourth grade.”

Show Notes:

-Judge Costa’s case against second, third, and fourth clerkships

-Sarah’s Politico piece on serial clerkships

-Judge Costa’s piece on nationwide injunctions

-The Legal Analyst: A Toolkit for Thinking about the Law by Ward Farnsworth

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The Tenth Justice May 06, 2021

Show notes

The Supreme Court wrapped up oral arguments for the term on Monday, so our hosts brought in an exciting guest to keep the legal nerdery barreling full steam ahead for our listeners. On Thursday’s episode, Sarah is joined by Jonathan Ellis, an assistant to the solicitor general of the United States. Tune in to hear Jonathan chat about what it’s like representing the U.S. government in front of the Supreme Court, how many cases he argues per term, how the solicitor general goes about assigning cases, briefs, and arguments to assistants, and more! Plus, Sarah shares a funny anecdote involving Supreme Court Justice Brett Kavanaugh, a trashcan, and Matt Damon.

Show Notes:

-Sarah’s piece in Politico on serial clerkships

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Camping Outside the Supreme Court May 03, 2021

Show notes

Today’s episode is the jackpot for Supreme Court bingo players, as our hosts play a guessing game as to which justices will write some of the court’s most anticipated forthcoming opinions. Also on today’s episode, David and Sarah chat about two cases involving racial classification in the dispensation of government relief to “socially disadvantaged” farmers and ranchers, and debate which Supreme Court cases AP U.S. history students should be required to commit to memory. Plus, Sarah shares a fun story about her experience camping outside of the Supreme Court building to hear oral arguments for D.C. v. Heller.

Show Notes:

-Fulton v. City of Philadelphia

-Ferris v. United States

-Trump v. Hawaii

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A Cheerleader's Supreme Court Case Apr 30, 2021

Show notes

After reflecting on The Dispatch’s interview with former President George W. Bush this week, David and Sarah discuss Justice Stephen Breyer’s controversial pronunciation of the word “amicus,” Justice Brett Kavanaugh’s Second Amendment jurisprudence, and Justice Neil Gorsuch’s majority opinion in Niz-Chavez v. Garland, Attorney General. Stay tuned to hear our hosts chat about Supreme Court oral arguments for a First Amendment lawsuit involving a high school cheerleader.

Show Notes:

-Out of Many, One: Portraits of America's Immigrants by George W. Bush

-George W. Bush Paints E Pluribus Unum on the Dispatch Podcast

-“When a Justice Needs a Friend” by William Safire in the New York Times

-Heller v. District of Columbia

-Niz-Chavez v. Garland, Attorney General

-Mahanoy Area School District v. B.L. Supreme Court oral arguments

-Tinker v. Des Moines Independent Community School District

-Morse v. Frederick

-French Press: “How an Angry Cheerleader Could Help Cancel Cancel Culture” by David French in The Dispatch

-Harper v. Poway Unified School District

-Dariano v. Morgan Hill Unified School District

-Saxe v. State College Area School District

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Supreme Court Picture Day Apr 26, 2021

Show notes

Buckle up, AO fans. There is a lot to cover on the Supreme Court front and David and Sarah talk about all of it on today’s episode. It starts with a definitive breakdown of the new Supreme Court portrait, then goes from a case that the Supreme Court will hear regarding the Second Amendment, to a case having to do with Guantanamo Bay, ending with the big First Amendment case being argued today. Plus, Sarah and David discuss the Netflix documentary about the college admissions scandal, Operation Varsity Blues, and why it’s damaging to tell kids that what college they attend is the most important factor in determining their success.

Show Notes:

-New SCOTUS Portrait

-Chief Justice Roberts talking to Justice Kagan Portrait

-Jones v. Mississippi case

-Texas v. California case

-New York State Rifle & Pistol Association Inc. v. Corlett

-SCOTUSblog page on Guantanamo Bay case

-SCOTUSblog page on Houston Community College System v. Wilson

-SCOTUSblog page on Americans for Prosperity Foundation v. Bonta

-Americans for Prosperity Foundation v. Bonta oral arguments

-Operation Varsity Blues on Netflix

-Sarah’s favorite Onion article