David and Sarah dive back into the free speech controversy at Yale and parse the difference between a statement being “disappointing,” “so disappointing,” and “bonkers town disappointing.” Then they talk about whether Trump committed a crime when he demanded that Mike Pence follow John Eastman’s legal advice. They end with a bit of fragrant Supreme Court potpourri that smells slightly like bacon. Show Notes: -A Message From Dean Gerken on the March 10 Protest -Eastman v. Thompson -Berger v. Nort...
Apr 01, 2022•1 hr 8 min•Ep 218•Transcript available on Metacast David and Sarah welcome a special guest, Seth Kretzer, the lawyer who argued and won Ramirez v. Collier, the Supreme Court term’s biggest religious liberty case (so far). Sarah and David also talk about Ginni Thomas’s texts, vaccines at the Supreme Court (again), free speech, and Will Smith. Show Notes: -David in The Atlantic: “The Worst Ginni Thomas Text Wasn’t From Ginni Thomas” -Houston Community College System v. Wilson -Ramirez v. Collier Learn more about your ad choices. Visit megaphone.fm...
Mar 29, 2022•1 hr 25 min•Ep 217•Transcript available on Metacast David and Sarah discuss Ketanji Brown Jackson’s Supreme Court confirmation hearings and a disruption at Yale Law School. They drill down on claims that Judge Jackson is soft on child porn crimes and amplify their objection to both intolerant students and cowardly administrators. Throughout the podcast, a courageous Sarah fights through COVID to podcast in the face of adversity. Show Notes: -The Dispatch: “Ketanji Brown Jackson Weathers a Marathon Day Two” -National Review: “Senator Hawley’s Disi...
Mar 25, 2022•1 hr 10 min•Ep 216•Transcript available on Metacast On today’s podcast, David and Sarah discuss red state crime rates versus blue state crime rates, environmental law as a vehicle for rescuing the American constitutional structure, why senators make better presidential candidates than they used to, and the evolutionary psychology behind bad gamer behavior. Show Notes: -Axios: Dem group points to "Red State Murder Problem" -Massachusetts v. Environmental Protection Agency -SCOTUSblog: Greenhouse gases and “major questions”: Justices to hear argume...
Mar 18, 2022•1 hr 1 min•Ep 215•Transcript available on Metacast David and Sarah hit a ton of topics in today’s podcast, but with an emphasis on state law, including some terribly drafted state laws. They start with the latest on that abortion law in Texas, move on to an abortion law in Missouri, and then discuss the avalanche of misleading commentary about Florida’s so-called “don’t say gay” law (including how "don't say gay" is itself misleading). They wind up talking about teachers' free speech rights, pronouns, and critical race theory. Show Notes: -Baby ...
Mar 14, 2022•1 hr 8 min•Ep 214•Transcript available on Metacast On today’s episode, Sarah and David spend serious time discussing the Supreme Court’s latest voting rights decision, then they launch into their long-awaited, much anticipated analysis of Ketanji Brown Jackson’s “most controversial” opinion (spoiler alert: it’s not that controversial). They end with a chat about free speech on campus and why the culture matters. Show Notes: -Revisiting the History of the Independent State Legislature Doctrine -Eradicating Bush-League Arguments Root and Branch: T...
Mar 10, 2022•1 hr 16 min•Ep 213•Transcript available on Metacast On today’s podcast, David and Sarah talk about five, yes, five Supreme Court opinions, including cases involving criminal law, state secrets, and social media moderation. They mainly focus on a fascinating case that asks, when are ten crimes one crime? Show Notes: -Wooden v. United States -United States v. Tsarnaev -Cameron v. EMW Women’s Surgical Center, P. S. C. -United States v. Zubaydah -Supreme Court Order List Learn more about your ad choices. Visit megaphone.fm/adchoices
Mar 08, 2022•1 hr 11 min•Ep 212•Transcript available on Metacast On today’s episode, David and Sarah start with a Supreme Court update that features cases about adoption and religious freedom before moving on to an extensive discussion of a court filing contesting John Eastman's claims of attorney-client privilege. Does this filing indicate that Donald Trump committed a crime? Also David and Sarah briefly discuss international law and whether European Union membership for Ukraine would mean that the EU would have to fight for Kyiv. Finally, Sarah ends the pod...
Mar 03, 2022•1 hr 13 min•Ep 211•Transcript available on Metacast On today’s podcast, David and Sarah discuss a new case striking down a high school admissions policy in Virginia, digress into a talk about the power of Ukrainian courage, and then return to the law to talk about Clarence and Ginni Thomas and conflicts of interest. They finish with an extended discussion of the role of legislation in regulating the dissemination and discussion of ideas in public schools. Show Notes: -Coalition for TJ v. Fairfax County School Board -Volodymyr Zelenskyy on the Ukr...
Feb 28, 2022•1 hr 25 min•Ep 210•Transcript available on Metacast On today’s podcast, David and Sarah take a trip to New Haven to speak with the law students of Yale University. It’s another packed show. The Supreme Court heard oral argument in a case that dealt with whether a state can defend a rule when the United States stops doing so. Plus, they discuss public-accommodation law and a redistricting lawsuit in Arkansas, but that’s not all, sparks fly when our hosts open the floor for questions. Show Notes: -Arizona v. City and County of San Francisco, Califo...
Feb 25, 2022•1 hr 25 min•Ep 209•Transcript available on Metacast Today’s podcast is more fast-paced than the NBA All-Star game. David and Sarah talk about the Supreme Court and immigration, Trump and free speech, vaccines and drama in the Fifth Circuit, qualified immunity, and no podcast would be complete without a quick conversation about treason. Buckle up, this pod never slows down. Show Notes: -Fifth Circuit opinion -Eleventh Circuit opinion -Scott’s law review article: “Qualified and Absolute Immunity at Common Law” Learn more about your ad choices. Visi...
Feb 22, 2022•1 hr 25 min•Ep 208•Transcript available on Metacast On today’s podcast, David and Sarah are amazed by developments in the Sarah Palin trial, and they explain why. They discuss some excellent commentary on the latest Durham allegations, and spend some time talking about Florida's "don't say gay" law and wonder whether it might have constitutional problems. They end with the Rule 22.4 discussion that the people demand. Show Notes: -Andrew’s piece: “Making Sense of the Latest Clinton-Trump-Russia Court Filing” -Julian Sanchez’s thread on the Durham ...
Feb 17, 2022•1 hr 11 min•Ep 207•Transcript available on Metacast On today’s episode, David and Sarah pop from topic to topic, including a discussion of a very strange letter, a brief foray into the Electoral Count Act, a few observations about the Trump top secret document revelations and the most recent John Durham filing. They wrap up with Olympic nonsense. The Russians are at it again. Show Notes -Judge Clemon's letter to President Biden -J. Michael Luttig: “The Conservative Case for Avoiding a Repeat of Jan. 6” -Latest John Durham filing -Reuters: “Anti-d...
Feb 14, 2022•1 hr 21 min•Ep 206•Transcript available on Metacast It's a day of disagreement! David and Sarah walk through a critical Supreme Court voting rights case, and come out in a different place. They walk through the Sarah Palin trial, and come out in a different place. But then, unity reigns when Sarah concludes the podcast by dunking on Russia and hanging on the rim. Show Notes: -Merrill v. Milligan -Purcell v. Gonzalez -Section 2 of the Voting Rights Act: Vote Dilution and Vote Deprivation -Slate: “Sarah Palin Takes the Stand” -Washington Post: “Pal...
Feb 11, 2022•1 hr 26 min•Ep 205•Transcript available on Metacast On today’s episode, David and Sarah dive into multiple issues. Is Ketanji Brown Jackson still Biden's frontrunner? Also, she wrote her first D.C. circuit opinion. What does it say about her jurisprudence? They also talk about an odd case about Yelp reviews before turning to more serious subjects--deadly no-knock raids and once more about NFL coaches, and how cultures can develop unfair systems. Show Notes: -Reason: “Judge Ketanji Brown Jackson's First Circuit Court Opinion” -Politico: “Former cl...
Feb 08, 2022•1 hr 15 min•Ep 204•Transcript available on Metacast On today’s podcast, David and Sarah talk about all aspects of Brian Flores's lawsuit against the NFL, with a deep dive into law and culture. They then turn to he who shall not be named and pour water on a specious vision of the apocalypse. They wind up with an impromptu discussion of Whoopi Goldberg, Roseanne Barr, grace, and accountability. Show Notes: -Brian Flores's NFL lawsuit -David in The Atlantic: “The NFL Has a ‘Good Ol’ Boy’ Problem” -New York Times: “Cawthorn Challenge Raises the Quest...
Feb 04, 2022•1 hr 23 min•Ep 203•Transcript available on Metacast On today’s episode, Sarah details yet another animal rescue because of course. Then David and Sarah dive into the Electoral Count Act and a mixed-up, messed-up Supreme Court case about pulling books from school libraries. And finally, can Sarah get David to talk about Rep. Madison Cawthorn? Show Notes: -Sarah rescues a hawk -Wall Street Journal: “Congress Sowed the Seeds of Jan. 6 in 1887” -New York Times: “Book Ban Efforts Spread Across the U.S.” -Board of Education, Island Trees Union Free Sch...
Feb 01, 2022•1 hr 9 min•Ep 202•Transcript available on Metacast On today’s podcast, David and Sarah respond to all the questions about Justice Stephen Breyer's retirement and replacement. Who are the leading candidates? Why is all the talk about Justice Kamala Harris or Justice Michelle Obama a bunch of rubbish? Do we expect any real change in the philosophical composition of the court? They wind up with a discussion of seditious conspiracy and all the reasons why it's tough to charge anyone with trying to overthrow the government. Show Notes: -Laurence Trib...
Jan 28, 2022•1 hr 12 min•Ep 201•Transcript available on Metacast On today’s podcast, David and Sarah celebrate 200 episodes with a discussion of two key college admissions cases the Supreme Court took up. Plus, they preview Sarah Palin’s defamation trial, and look at a circuit court judge’s unusual opinion. Show Notes: -Students for Fair Admissions Inc. v. President & Fellows of Harvard College -CNN: “Why the Sarah Palin v. New York Times trial will be an 'excruciating experience' for the paper” -Judge VanDyke’s Ninth Circuit opinion Learn more about your ad ...
Jan 25, 2022•1 hr 7 min•Ep 200•Transcript available on Metacast On today’s podcast, David and Sarah break down "Maskgate," the claim that Justice Neil Gorsuch refused to show basic courtesy to Justice Sonia Sotomayor by refusing to wear a mask and find the claims wanting. They ask, "When a report seems to fall apart, what should a reporter do?" They also talk about how Sarah is setting Supreme Court precedents, wonder if a Satanist flag will soon fly over Boston, and discuss for just a few seconds Ted Cruz's very, very boring case at the Supreme Court. They ...
Jan 20, 2022•1 hr 19 min•Ep 199•Transcript available on Metacast On today’s episode, David and Sarah take a quick look at an intriguing cert grant at the Supreme Court and then dive into a fascinating discussion about amending the Constitution with University of Texas law professor Sanford Levinson. He thinks the Constitution has some structural problems, and David and Sarah walk through his critiques. By the end, they ask, is there any constitutional reform that can save us if we’re determined to be dysfunctional? Show Notes: -Sarah in Politico: “It’s Time t...
Jan 17, 2022•1 hr 17 min•Ep 198•Transcript available on Metacast It's an emergency podcast! (Well, at least in part). David and Sarah recorded a mailbag podcast Thursday morning, complete with fretting about when the Supreme Court would rule in the vaccine mandate cases. Then, SCOTUS ruled! So this podcast keeps the mailbag and cuts the fretting. Instead David and Sarah spend the first half walking through the vaccine opinions. It's exactly the kind of conversation that everyone loves, a deep discussion of administrative law. Show Notes: -NFIB v. OSHA -Biden ...
Jan 14, 2022•2 hr 43 min•Ep 197•Transcript available on Metacast On today’s episode, David and Sarah do a deep, deep dive into the vaccine mandate oral arguments at the Supreme Court. Sarah walks us through the HOP's (husband of the pod) arguments, and she and David decide the vital question of which basketball analogy to use to describe the likely outcome. They also take a quick look at the health care worker mandate and make their predictions. Show Notes: -Biden v. Missouri oral argument -Nat. Fed'n of Indep. Bus. v. Dept. of Labor oral argument -Wall Stree...
Jan 10, 2022•1 hr 29 min•Ep 196•Transcript available on Metacast On today’s episode, David and Sarah start with a husband-of-the-pod update, debate a federal district court judge’s ruling temporarily granting more than two dozen Navy SEALs a religious exemption from the Navy’s COVID vaccine mandate, and spend the lion’s share of their time talking about the infernal Electoral Count Act and saving America from electoral chaos. Show Notes: -U.S. Navy SEALs 1-26 v. Joseph R. Biden, Jr. -French Press: “Stop Screwing Around and Reform the Electoral Count Act” -Rea...
Jan 06, 2022•1 hr 6 min•Ep 195•Transcript available on Metacast David and Sarah talk about everything from COVID, to goat rescues, to the Supreme Court, to TikTok in this wide-ranging first pod of 2022. Do you wonder how you rescue a goat? Why is John Roberts the most popular federal official in the land? Is it lawful to discriminate on the basis of race in medical treatment? What's it like to live with a person who's set to argue the biggest SCOTUS case of the new year? Are kids on TikTok fair game for the media? If these are your questions, this podcast ha...
Jan 03, 2022•1 hr 17 min•Ep 194•Transcript available on Metacast On our last podcast of the year, Sarah takes you to the 2021 National Lawyers Convention at the Mayflower Hotel in Washington, D.C., and introduces you to a dozen judges from all levels of the judiciary. You get a little law, singing, bourbon and bullets, and some important advice for law students. Did you expect David and Sarah to end the year any other way? Show Notes: -Give someone a Dispatch subscription this Christmas -"We'll Be Back" by Judge Elrod and Judge Eskridge -Read David in The Fre...
Dec 23, 2021•52 min•Ep 193•Transcript available on Metacast On today’s podcast, David and Sarah dive back into vaccine mandates, as the CMS mandate for health care workers and the OSHA guidelines for private businesses head to the Supreme Court. Then it’s First Amendment and compelled speech time at the 5th circuit with a student from Sarah’s rival high school from back in her football orchestra days. This case has it all: free speech, communists, and Bruce Springsteen. It's also a conversation about the similarities— and differences—with one of David’s ...
Dec 20, 2021•1 hr 8 min•Ep 192•Transcript available on Metacast In today’s episode, Sarah and David discuss the Supreme Court's decision not to enjoin the New York vaccine mandate for health care workers and focus on a very interesting, super-intriguing dissent. Then, they have a conversation with Virginia Solicitor General Michelle Kallen about the Equal Rights Amendment, its ratification by Virginia, and whether the ERA is now part of the Constitution. Finally, with the help of a listener, they finally realize that Sarah's name is a sentence. Show Notes: -...
Dec 17, 2021•1 hr 19 min•Ep 191•Transcript available on Metacast If you woke up this morning thinking about Jussie Smollett, the Texas abortion law, California gun rights, and California vaccine mandates, then this is the podcast for you. David and Sarah dive into a legal issue that might overturn Smollet’s conviction, analyze the Supreme Court’s decision to permit a very narrow facial challenge to S.B. 8, discuss Gavin Newsom’s swing-and-miss, and wrap up the main portion of the pod with a discussion of vaccine mandates in San Diego schools. Show Notes: -Who...
Dec 13, 2021•57 min•Ep 190•Transcript available on Metacast David and Sarah have another action packed pod. First, the US Solicitor General weighs in on whether the Court should hear the case about whether Harvard’s admission policy violates race discrimination laws. Then they talk about a case that was argued this week at the Court that looked at (once again) whether states could refuse to allow voucher money to go to religious schools. Then the 9th Circuit had some feisty dissenting opinions when it upheld California’s ban on high capacity magazines fo...
Dec 10, 2021•1 hr 11 min•Ep 189•Transcript available on Metacast 
