Sarah and David discuss a cert grant relating to homelessness in San Francisco and Massachusetts’s Eighth Amendment. But first, Sarah announces her pending litigation against Fairfax County. The Agenda: —Robinson v. California —The different types of justice —A no-fly list dispute —The law of war: Houthis —How do we beat pirates? —Anti-straight discrimination —DeSantis v. Warren Show Notes: —Niz-Chavez v. Garland, Attorney General —Smith v. Arizona —Sheetz v. County of El Dorado —Briahna Joy Gra...
Jan 16, 2024•1 hr 11 min
Sarah and David address a few corrections from Tuesday’s episode before turning to the oral argument on Trump’s prosecutorial immunity. On the Agenda: —Can presidents order Seal Team Six to assassinate rivals? —Who is going to win this case? —Did we just fix qualified immunity? (No.) —Political advertising at the Ninth Circuit —Should I go to law school? Pt. 97 Show notes: —Marbury v. Madison —Mississippi v. Johnson Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 11, 2024•59 min
Sarah and David attend to AO housekeeping before diving into some creative 20th Amendment theories. Plus: —The distinction between law violation and norm violation; —Trump’s prosecutorial immunity and legal yay's; —The role of Congress in determining eligibility for office; —A prosecutor working for both sides of the bench; —Judge Ho concurs in an employment discrimination case; —More employment discrimination out of the 11th Circuit; and —The misguided war on the SAT. Show notes: - Lake Beach L...
Jan 09, 2024•1 hr 18 min
David and Sarah are back from a hearty break and catch up on cases from last year and various legal topics, including judicial salaries and the death of Justice Sandra Day O’Connor. Stay tuned for: —David and Sarah’s low confidence in the outcome of the Jarkesy case; —No love lost for the Sacklers; —A good attempt at avoiding the income tax; —Maine skipping due process; and —A lawsuit that could eviscerate the realtor business. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 04, 2024•1 hr 11 min
Sarah joins David Lat's Original Jurisdiction to review 2023's best (and worst) legal cases and lawyers and make some hopeful (and less hopeful) predictions about the coming year. Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 28, 2023•1 hr 9 min
In this emergency pod, Sarah and David discuss the Colorado Supreme Court’s decision to disqualify Donald Trump from the state’s primary and general election ballots. They take listeners through: —How they speed read court opinions; —The self-execution of Section 3 of the 14th Amendment; —The concept of non-justiciability (and how to pronounce it); —Problems with congressional drafting; —Debating incitement; and —What will SCOTUS do? Show Notes: -Prof. Will Baude on Section 3, Insurrection, and ...
Dec 20, 2023•2 hr 30 min
Sarah and David respond to listener comments about last week’s Texas abortion case. Then the two discuss: -Why to bet on the side of Jack Smith’s delay -The “president shoots a postal worker” hypothetical -Sarah plays detective on the second biggest SCOTUS leak -SCOTUS appointments and holding onto power -A right to compete but not to win? -Please clean your washing machines Show Notes: -Why We Fight So Ferociously Over the Supreme Court Learn more about your ad choices. Visit megaphone.fm/adcho...
Dec 19, 2023•1 hr 19 min
Sarah and David give listeners another action-filled pod, starting with a controversial abortion case in Texas before breaking down special counsel Jack Smith’s petition to the Supreme Court. Plus: —Why justices aren’t doctors —Texas’ abortion law is not working —What does being pro-life mean? —An extremely rare move by Jack Smith —David’s (informed) rank speculation —Is conversion therapy covered by the First Amendment? —The number one movie of all time: Glory (1989) —David discusses Nancy’s an...
Dec 14, 2023•1 hr 14 min
It's a marathon episode as Sarah and David try to figure out: -Will WilmerHale charge the university presidents for their testimony prep? -Is the ACLU making a comeback in NRA v. Vullo? -What’s up with Trump's gag order? -How to correct a chief justice Show Notes: -Students Call for Genocide, Presidents Smirk- -NYT: One Law Firm Prepared Both Penn and Harvard for Hearing on Antisemitism -SEC v Jarkesy Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 12, 2023•1 hr 6 min
The university presidents of Harvard, MIT, and Penn testified before Congress on antisemitism in their schools. It didn’t go well. Sarah and David talk Title VI implications, and: -David feels gaslit -The parents of a young Kansas City Chiefs fan threaten to sue Deadspin for libel -Acheson and why mootness is easy and standing is hard -Happy holiday housekeeping Show Notes -Harvard ranked last in free speech -U.S. Department of Education Reminds Schools of Their Legal Obligation to Address Discr...
Dec 07, 2023•58 min
Judge Kevin Newsom of the 11th Circuit Court of Appeals joins Sarah and David to reminisce on past times and talk nerdy topics. Let Judge Newsom explain his concurring opinions and: -Lunches spent reading Supreme Court oral arguments -Humblebrags -Hiring (life-saving) clerks -Why he’s a skeptic of standing -Jurisdiction stripping -Why Judge Newsom can’t be a podcast host -Over aggressive judging and why it’s bad for democracy -What makes good writing -Adjudicating Alabama Show Notes: -TransUnion...
Dec 05, 2023•2 hr 36 min
On today’s episode, David and Sarah break down the most interesting Supreme Court argument of this term and what it means for the future of double jeopardy law. But first, they have to shout out the dating site that is the AO comment section. Also on the docket: -Mistrials vs. double jeopardy -Federal rights and state interpretations -The coolest word you've never used -David calls for thoughtful comments -How to lose with valor at SCOTUS -Fifth circuit on the brain -A second bite of the Rahimi ...
Nov 30, 2023•1 hr 11 min
Sarah and David return from their Thanksgiving feasts to serve up a very nerdy episode on fed court law. Enjoy: -David giving a lowdown of the Voting Rights Act -Hacking minority districts -Laws created by court precedents versus laws created by statutes -Any standing experts out there? -Undoing the Warren Court -Section Two Rights vindicated in civil court -Reporters: Don’t go to activists for legal analysis -Elon versus Media Matters -Match maker Sarah, make me a match Show Notes: -Eight Circu...
Nov 28, 2023•1 hr 13 min
Sarah and David have a big ol' pod today, wherein they discuss a First Amendment case involving risqué drag shows at a burger joint, hunter harassment laws, and challenges to Donald Trump's ballot access. Spoiler: Sarah was right. Also: -Masked protesters and Anti-Klan laws -Bad facts make bad laws -Lawyers and Non-germaine activities -David's window-dressing ignorance -Boudreaux's Butt Paste -Trump's ballot access in Colorado -Guys: you gotta get married. Show notes: -Hamburger Mary's at SCOTUS...
Nov 21, 2023•1 hr 20 min
Sarah and David respond to comments on Bari Weiss’ Federalist Society speech. The two then turn to the latest Supreme Court news, including: -A new ethics code -Condescension of the unelected -Trump Too Small oral argument -David’s thoughts on CLS v. Martinez Learn more about your ad choices. Visit megaphone.fm/adchoices
Nov 16, 2023•1 hr 1 min
Bari Weiss recently gave the Barbara K. Olson Memorial lecture at the Federalist Society, in which she detailed the horrific aftermath of Hamas’ October 7 attack against Israel, the ensuing “battle of ideas,” and the left’s morally perverse showing therein. Given the subject matter, we decided to devote today’s episode of Advisory Opinions to reairing her speech. her speech. Show Notes -Full speech Learn more about your ad choices. Visit megaphone.fm/adchoices
Nov 14, 2023•44 min
Two gun cases that aren’t gun cases take over today’s episode as Sarah and David analyze two cert grants from the Supreme Court. Sarah also breaks down new reporting on clerk hiring in the judicial world. Stay tuned for: -nerd prom -Campus culture around Israel and Palestine (PS Sarah’s DMs are open) -Sarah’s bump stocks hobby horse -The perfect case of why everything is wrong with the political system -State actors having strong feelings about gun control -Having conversations about word choice...
Nov 09, 2023•1 hr 7 min
The Supreme Court deliberates whether state actors should be allowed to block private users on social media and Sarah and David have thoughts. Plus: -The first amendment rights of government employees -Clarence Thomas has a question -Trump's new attorneys (guess who's not in the running) -The CCP is already here -Worst Halloween candy? Show Notes: -Garnier v. O'Connor Learn more about your ad choices. Visit megaphone.fm/adchoices
Nov 02, 2023•1 hr 15 min
The Connecticut Supreme Court weighed in on a suit stemming from a sexual assault hearing at Yale University that raised tensions between due process protections for accused students and victim blaming. Sarah and David analyze the political background of related cases. Plus: -States vs. Meta -David breaks down the law of armed conflict and the Gaza invasion -“Well-regulated” and its force and effect on the second amendment -It's oral argument season at SCOTUS Show Notes: -Khan v. Yale University...
Oct 31, 2023•53 min
Sarah and David take a break from the news to answer listeners' questions: How should fans approach the hosts in public? Does intent matter in constitutional law? Would making it easier to amend the Constitution fix everything? Also: -Policy solutions vs. social solutions -The issue with JD/MBAs -The First Amendment and the Israel-Hamas war -Ethics among lawyers -Congressional review of judicial review -Exclusionary rules -Legal career changes -Dworkinism -Get a lawyer -Civil asset forfeiture -M...
Oct 26, 2023•1 hr 11 min
Sidney Powell may be the best lawyer ever, SCOTUS might finally have a tech term, and David’s humble brag didn’t get past anyone. Sarah and David fly through a mix bag of legal topics including: -Presidents coercing social media platforms -Plea deals from fraudsters -“Cheese-bro” -David brings up trans issues -Sarah brings up feminism -Law firms dealing with “unlawful” affirmative action practices and fellowships -A gun case -ANOTHER gun case (but with ghosts, kind of) -Employment division trigg...
Oct 24, 2023•1 hr 7 min
Live from the University of Virginia and before a strangely happy group of law students, Sarah and David cover a range of topics from a convicted rapper who blames AI, disruptions at the Supreme Court, the Fifth Circuit becoming the new Ninth Circuit, and ethics with Amy (Justice Barrett). The hosts then take a series of questions from UVA students. God blesses this podcast. -Does Sarah know her husband's phone number? -AI briefs and ineffective counsel -SC justices interrupting female attorneys...
Oct 19, 2023•1 hr 20 min
What do the 6th, 9th, and 11th circuit all have in common? Well, they're all part of this episode's circuit palooza! But don't fret, there's also: -One city manager's revenge -a gag order for a former president -David makes Sarah regret asking the difference between a clip and a magazine -California’s magazine ban has no likelihood of success -There’s levels of scrutiny to this -Sarah’s judicial writing crushes -a listener's question! Learn more about your ad choices. Visit megaphone.fm/adchoice...
Oct 17, 2023•1 hr 8 min
Sarah and David return to their regularly scheduled Supreme Court programming, specifically to a racial gerrymandering case out of South Carolina (Sarah has copious notes). The two also have a lot to say about the insanity coming out of elite law schools. But first David revisits law of war to explain the international rules of siege warfare. Then: -Supreme Court justices speaking statistics -Non-justiciable gerrymandering -Bonkers law student statements -Some cancel culture clarity -Ideological...
Oct 12, 2023•1 hr 4 min
Israel declares war on Hamas after the terrorist organization murders hundreds of civilians. But now, with Israel already carrying out attacks in Gaza, things are about to get litigious. David French analyses the meanings and implications of the Law of War and debates Sarah Isgur whether International Law is even a thing. Plus if you want to hear David explain the moral dimension of war law, join The Skiff for a short impromptu follow up discussion. -Military tribunals -Ukraine/Russia comparison...
Oct 10, 2023•1 hr 8 min
Are you ready for this? Partners at Williams and Connolly Lisa Blatt and Sarah Harris share what it was like to argue before Justice Antonin Scalia, the pros and cons of careerism, the hunger for victory, the dangers of wearing cowboy boots in court, and why life is just a never-ending series of tradeoffs. Also: -Texas Sarah vs Tennessee Sarah -Justice Ginsburg's tip for arguing before the Supreme Court -Different forms of originalism -Miffy's (mifepristone) -Arguing with Justice Alito -Women in...
Oct 05, 2023•1 hr 13 min
Prof. William Baude joins Sarah and David to explain why he thinks Trump's actions in 2020 might be constitutionally disqualified from running for president again. Show notes: -Prof. Michael McConnell, Responding About the Fourteenth Amendment, "Insurrection," and Trump -The Sweep and Force of Section Three -AO episode about the law article Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 03, 2023•2 hr 30 min
Sarah's back from her first maternity leave ever to for a live recording at Georgetown University Law School. Together with host emeritus David French, they preview the 9 most dramatic cases coming before the Supreme Court this term. Also: tips for law students and a live Q&A (at least as long as our batteries work). Here we go:-Kavanaugh didn't flip his vote (surprising few) -We called it (on Alabama) -Welcome to the South Carolina case! -Rahimi: The one we've been waiting for -Hearth and home:...
Sep 28, 2023•2 hr 35 min
The David and David show closes out with a First Amendment send-off. They discuss: -A fifth circuit case involving racist accusations and the well-known Journal of Schenkerian Studies -Book People versus Texas Laws Written in Crayon -A student organization’s fight for drag queens on campus -Balancing freedom of speech and explicit content Show Notes: -Yascha Mounk for The Atlantic: Stop Firing the Innocent -Federal Circuit order suspending Judge Newman -David Lat's Original Jurisdiction news rou...
Sep 26, 2023•1 hr 15 min
Hello, AO listeners! This episode is a little bit different. Your regular hosts, Sarah and David, are unavailable—Sarah on parental leave, David on the road—so I (David Lat) have conscripted my husband, lawyer and legal commentator Zachary Baron Shemtob, to serve as guest of a guest. Zach shares his (strong) opinions on two hot topics, the Trump gag order and AO listeners’ favorite subject, text/history/tradition. We also cover a noteworthy Sixth Circuit case about the retroactivity of the First...
Sep 21, 2023•58 min
