Advisory Opinions

Latest Episodes:

The Cheese Stands Alone Jun 29, 2020

Show notes

David and Sarah discuss another big day at the Supreme Court, from the court's decision to strike down a Louisiana abortion law to its ruling on the Consumer Financial Protection Bureau.

Show Notes:

-Our conversation with Louisiana's solicitor general

-Supreme Court's Louisiana abortion ruling

-Supreme Court's CFPB ruling

-David's Sunday newsletter

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The Bridge on the River Mandamus Jun 25, 2020

Show notes

David and Sarah discuss Joe Biden's polling lead in six swing states, the latest development in the Michael Flynn case, the Supreme Court ruling on asylum seekers, and free speech online.

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What Would James Madison Do? Jun 22, 2020

Show notes

David and Sarah discuss the president's rally in Tulsa, the firing of the U.S. attorney in New York, the lawsuit over John Bolton's book, and they process last week's Supreme Court decisions.

Show Notes:

-David's Sunday newsletter

-Drew Griffin Twitter thread on Tulsa rally

-28 U.S. Code § 546. Vacancies

-Barr's statement on on the nomination of Jay Clayton

-Berman's statement on firing

-Trump remarks on Berman

-Barr's letter to Berman

-Ross Douthat on the Supreme Court

-Jack Balkin on the conservative legal movement

-Ezra Klein's podcast on polarization

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Arbitrary and Capricious Jun 18, 2020

Show notes

David and Sarah discuss the Supreme Court's ruling that blocks the Trump administration from ending DACA for now, return to their discussion over the Title VII ruling, and finish with the legal fight over John Bolton's book.

Show Notes:

-Supreme Court DACA ruling

-Cass Sunstein on Gorsuch Title VII opinion

-Atlanta Journal-Constitution piece on Bostock

-David's piece A Conservative Legal Chernobyl?

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Title VII: Originalism vs. Textualism Jun 15, 2020

Show notes

The Supreme Court declined to take up new cases dealing with gun rights and qualified immunity. The court ruled that federal anti-discrimination laws protect gay and transgender employees. Lines are drawn on originalism vs. textualism. David and Sarah have thoughts.

Show Notes:

-Supreme Court cert denials

-Supreme Court Bostock opinion

-Sarah's guide to the top 10 cases

-Sarah's SCOTUS glossary

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'Twas the Night Before Brisket Jun 11, 2020

Show notes

It's Brisket Eve and David and Sarah are celebrating by diving into the latest polls on the protests around the country, the legal weeds of Confederate monuments, and answer the question, why does the rule against perpetuities get the people going? But the festivities don't end there, there's the Michael Flynn amicus curiae, Tom Cotton, and Gone with the Wind.

Show Notes:

-Michael Flynn brief

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The Sound of Reform Jun 08, 2020

Show notes

David and Sarah discuss calls by protesters to "defund the police," ideas to reform police departments from no-knock raids to police unions, incorporation doctrine, and the miniseries 'Waco.'

Show Notes:

-David's Sunday newsletter

-There’s Never Been a Better Time to Abolish Qualified Immunity

-Justice Department Waco report

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Because They Stand on a Wall Jun 04, 2020

Show notes

David and Sarah discuss the stunning critique of the president from James Mattis, the events of the last 24 hours from Mark Esper breaking with the president to Tom Cotton's op-ed, they then breakdown the charges against the police officer who had his knee on the neck of George Floyd, and end with their thoughts on 'The Last Dance.'

Show Notes:

-James Mattis Denounces President Trump

-Derek Chauvin’s Actions Were Cruel. But a Conviction Won’t Come Easily.

-Explaining the New Second Degree Murder Charge Against Derek Chauvin

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From 1918 to 1968 Jun 01, 2020

Show notes

David and Sarah discuss the latest news out of the Supreme Court including the court denying a California church's lockdown challenge, Rep. Justin Amash's plan to introduce legislation to end qualified immunity for police officers, Sen. Tom Cotton's call to invoke the Insurrection Act, the president's call to label ANTIFA a terrorist organization, and a return to their debate over law school.

Show Notes:

-Supreme Court California church ruling

-Judge Willett opinion

-David's Sunday newsletter

-Nancy's video from the Nashville protest

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How Do You Square a Circle? May 28, 2020

Show notes

The president has a new social media executive order. What happens if Trump loses in November, but doesn't want to leave? Qualified immunity and the Fourth Amendment in the context of the death of George Floyd in Minneapolis. House of Representatives allows proxy voting for the first time this week. And a Central Park video sparks a national conversation. David and Sarah have thoughts.

Show Notes:

-David's piece The Growing Threat to Free Speech Online

-Republican lawsuit to block proxy voting

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