Yes, David and Sarah will be teasing their initial thoughts on the Harvard case and the likelihood of the Supreme Court changing the game on affirmative action... but only after checking in on the real legal scandal currently gripping the nation: cheating allegations in the chess world. Show Notes: -Grutter v. Bollinger Learn more about your ad choices. Visit megaphone.fm/adchoices
Scandal of scandals! Things get weird after a 19-year-old grandmaster is accused of cheating in a chess tournament against a world champion and David and Sarah are here for it. Plus: Let’s talk CFPB funding and a court decision that gets a direct ticket to SCOTUS. Out of context: “a limited public figure for the purposes of Donkey Kong.” Learn more about your ad choices. Visit megaphone.fm/adchoices
In today’s packed episode, David and Sarah check in on the Durham investigation after recent failures to reach convictions. They then turn to updates on the special master and the Mar-a-Lago case, and on the growing list of challenges (of varying quality) to Biden’s loan forgiveness plan. Not enough? They conclude with an overview of the Texas Pete Hot Sauce lawsuit. -Texas Pete lawsuit Learn more about your ad choices. Visit megaphone.fm/adchoices
What options does the former president (and his legal team) have in response to the subpoena? Did Judge Ho’s response to critics mollify Sarah’s concerns? And what does Clarence Thomas think about Prince? Plus: how early should you get in line for a chance at attending a Supreme Court hearing? -Andy Warhol Foundation v. Lynn Goldsmith -Judge Ho’s speech on Cancel Culture Learn more about your ad choices. Visit megaphone.fm/adchoices
In an episode dedicated to our pig friends, Sarah and David are joined by two guests from The Humane Society of the United States: Vice President for Farm Animal Protection Josh Balk and Chief Counsel Jonathan Lovvorn. Josh offers insight into the fight against animal cruelty and Jonathan, who chaired a defense of California’s pig farming regulations before the Supreme Court this Wednesday, discusses whether the courts can (and should) resolve moral questions. Show Notes: -National Pork Producer...
Recording live at George Mason University, David and Sarah open with a critical WAP correction to last week’s show, followed by updates on The Onion amicus brief and the never-ending Yale drama. Plus: Amy Coney Barrett takes on Common Good Constitutionalism and the Fifth Circuit decides a “zero-pence case” on religious coercion. Show Notes: -Fifth Circuit decision on Freedom From Religion v. Wayne Mack Learn more about your ad choices. Visit megaphone.fm/adchoices
An Alabama redistricting case receives a contentious Supreme Court hearing, weighing race neutrality against a history of racial discrimination. Donald Trump files an emergency request with the Supreme Court and it’s… technical. Oh, and did we mention The Onion’s amicus brief? Also: stick to the end for a letter from the best compliance supervisor in America. Show Notes: -The Onion’s amicus brief -Merrill v. Milligan -Trump’s emergency request Learn more about your ad choices. Visit megaphone.fm...
Trump’s legal drama — Judge Cannon returns! Ken Paxton opines! Fraud alleged! — will be discussed at last... But first, Sarah and David preview what promises to be a spicy term for the Supreme Court (with not one, but two Section 230 cases!). They then pass through a culture war cul-de-sac via Judge James Ho’s clerkship boycott of Yale law students, and conclude with a tribute to Judge Laurence Silberman. Plus: the committed listener will learn the truth about how Sarah ended up in The Federalis...
From the first legal challenge to President Biden’s student loan forgiveness program to a bad precedent in the making involving the NRA, from nation-wide injunctions to budding Supreme Court friendships — today’s show is packed with non-Trump content! (For a hard look into the ex-president’s legal woes, tune in again on Monday!). Also: Sarah and David put on their tin foil hats as they try answering once and for all whether our devices are listening in on us. Out of context: “I don’t like this o...
Sarah and David tape a live episode at the University of Michigan in Ann Arbor, Michigan and they have a special guest: Sixth Circuit Court of Appeals Judge Chad Readler. After making it very clear on how to pronounce the judge’s name, David and Sarah discuss what the judge look for in clerks, his career as a judge and at the Department of Justice, and Wolverine football. Stick around to the end to hear where the judge comes down on David and Sarah’s great law school debate. Learn more about you...
Texas joins an amici brief in Donald Trump’s Mar-a-Lago case, and Sarah and David ponder… why? Plus: a listener’s astute follow-up question about Yeshiva University gets the full AO treatment. Show Notes: -David’s French Press on “Segregation Academies” -Trump’s response to DOJ’s motion for partial stay -Red states amici brief for Trump v. USA -Class action lawsuit against Ron DeSantis Learn more about your ad choices. Visit megaphone.fm/adchoices
Back in the saddle, Sarah and David explain the Supreme Court’s decision on Yeshiva University v. Youth Pride Alliance (spoiler: this isn’t over yet). Plus: Who gets to censor who in the battle between Texas and tech platforms? Show Notes:-Yeshiva University v. Youth Pride Alliance-NetChoice v. Ken Paxton-Donald Trump v. the United States-Ilya Somin Reason Magazine piece on Texas’ social media law-Andrew Sullivan on monarchy and pre-Enlightenment institutions Learn more about your ad choices. Vi...
While David is still away on his well-earned vacation, it’s time for some career advice! Megan L. Brown – partner at Wiley Rein LLP – joins Sarah to talk about choosing (and getting hired by) the right law firm. How to get your best self across in interviews? How to judge a firm’s work culture? Is it wise to inquire about a firm’s work-life balance? And, most importantly, should you take career pointers from Netflix’s Partner Track? All shall be answered. Oh, and by the way, the views expressed ...
A federal judge ordered the appointment of a special master to review the sensitive documents seized at Mar-a-Lago. Orin Kerr, law professor at the University of California, Berkeley, joins Sarah to break down the ruling. Then, Sarah is joined by Thomas Lee, former associate chief justice of the Utah Supreme Court, for another discussion of corpus linguistics. Show Notes: -A Corpus Linguistic Analysis of 'Foreign Tribunal' -Corpus Juris Advisors -Judging Ordinary Meaning -Data-Driven Originalism...
David and Sarah are here to make sense of the latest back and forth between the Justice Department and Trump’s legal team over classified documents found at Mar-a-Lago. Plus: a closer look at the legal merits of the student loan forgiveness plan and two religious liberty cases. Show Notes: -DOJ response to Trump's special master request -OLC opinion on student loan forgiveness plan -Fellowship of Christian Athletes v. San Jose Unified School District Board of Education -Yeshiva University v. YU ...
David and Sarah are joined by Will Baude, professor of law at the University of Chicago Law School, to discuss his review of Adrian Vermeule's new book Common Good Constitutionalism. What is “common good constitutionalism” and can David and Will convince Sarah that it’s a thing? Is international law real? And does anyone have standing in any upcoming legal challenges to President Biden’s student loan debt relief plan? Show Notes: -The American Prospect: What Common Good? -Reason: The "Common-Goo...
David and Sarah are joined by Bruce Friedrich, founder and CEO of the Good Food Institute, to discuss cultivated meat and the next agricultural revolution. What’s the difference between plant-based meat and cultivated meat? What’s the environmental impact of reimagining meat production? If it’s August, it’s our meat episode. Show Notes: -Bruce Friedrich’s TED Talk -Good Food Institute Learn more about your ad choices. Visit megaphone.fm/adchoices
David and Sarah discuss two Florida free speech cases and a very strange North Carolina one too about whether a court can strike down legislation if some of the legislators were elected from gerrymandered districts. And there's a very special guest at the end with a song to share. Learn more about your ad choices. Visit megaphone.fm/adchoices
Bret Devereaux is an ancient and military historian at the University of North Carolina at Chapel Hill, and is here to discuss military tactics of some of fiction's biggest battles from The Lord of the Rings to Game of Thrones. Can David contain his excitement? Does Sarah understand anything being said? Show Notes: -A Collection of Unmitigated Pedantry Learn more about your ad choices. Visit megaphone.fm/adchoices
Ed O'Callaghan, partner at WilmerHale and former principal associate deputy attorney general, joins David and Sarah to discuss the news that the FBI’s search of former President Donald Trump’s home is part of an investigation into possible violations of the Espionage Act. What does that mean? How does this all work? Show Notes: -French Press: Apply the Hillary Clinton Rule to Donald Trump Learn more about your ad choices. Visit megaphone.fm/adchoices
Kevin Stroud, creator and voice of the History of English podcast, joins David and Sarah for an exciting deep dive into the history of the English language and the roots of legalese. Stroud traces the complex history of Old English, Old Norse, French, and Latin words within the American legal system, and details the story behind the first written Old English code of law. Plus: What roles do poetry and alliteration play in the court? And why does language evolve so much over time? Show Notes: -Hi...
Sarah and David get together for an emergency episode to discuss the FBI’s search of former President Donald Trump’s home at Mar-a-Lago on Monday. What does it all mean? How does a federal investigation of a senior official work, and what happens next? Plus: some possible theories and explanations that might shed some light on the events of yesterday. Show Notes: -TMD: The FBI Raids Trump’s Home -Andy McCarthy in National Review: The FBI’s Mar-a-Lago ‘Raid’: It’s about the Capitol Riot, Not th...
Sarah and David tackle the events of last week: the verdict in the Alex Jones case, and the story of Breonna Taylor and the court’s surprising indictments of several police officers. Should there be monetary limits on punitive damages? And why, in this day and age, does everything need to be entertaining? Plus: Our hosts explore what court precedent actually lurks behind the concept of shouting “Fire!” in a crowded theater. Show Notes: -New York Times: What To Know About Breonna Taylor’s Death -...
Sarah and David have a lot to talk about as the midterm primaries wrap up and federal lawsuits are filed stateside. What is former President Trump’s role in the midterm elections, or does he even have one? Also on the agenda: near-total abortion bans and pro-life amendments face a difficult path in Idaho and Kansas, and Justice Samuel Alito goes to Rome. Show Notes: -The Sweep: What We Learned -Blake Masters campaign ad -Washington Post: Justice Dept. sues Idaho over near-total abortion ban comi...
It’s August, and so David and Sarah are taking a break from court coverage and legal issues. Steven Pressfield, author of A Man at Arms, joins Sarah and David to kick off the month with a deep dive into what it’s like to write historical fiction set in the ancient world. Pressfield explains his mechanisms for creating fascinating stories and three-dimensional characters. What is the key to bringing history back to life? Plus: Steven gives some tried-and-true advice to aspiring writers. Show Note...
Arkansas federal district judge Lee Rudofsky joins Sarah and David to give a guided tour of corpus linguistics, a recent but fascinating tool for jurists. How do corpus linguistics help define constitutional concepts and definitions? Plus, our hosts pick apart an article about the possible leaker of the Dobbs v. Jackson Women’s Health opinion. Show Notes: -Wilson v. Safelite -New York State Rifle & Pistol Assn., Inc. v. Bruen -Salt Lake City Corp. v. Haik -Muscarello v. United States -United Sta...
Former federal judge John Michael Luttig joins Sarah and David to detail his involvement in the events leading up to January 6, 2021. He reveals the story behind his tweet thread on January 5 that ended up on the front page of the New York Times, and the problems with the Electoral Count Act of 1887. Plus: Luttig walks us through his comprehensive, published study refuting election fraud claims in the 2020 election. Show Notes: -Judge Luttig’s January 6 testimony -Judge Luttig’s January 5 tweet ...
David and Sarah return to discussions they had with their last guest, professor Akhil Amar, including living constitutionalism and the question of whether to let voters or jurists decide issues of justice. Then our hosts dive into the University of Pennsylvania controversy concerning the limits of academic freedom at the private Ivy League institution. Plus: the Biden administration’s bid to clarify abortion protections in the Emergency Treatment and Active Labor Act. Show Notes: -AO: Akhil Amar...
Sarah and David kick off the week with an exciting discussion of liberal constitutional originalism with Akhil Amar, author of The Words That Made Us: America’s Constitutional Conversation, and constitutional law professor at Yale University. Our guest gives a dynamic perspective of the decision in Roe v. Wade, as well as dives into the nitty-gritty of the varying modes of constitutional interpretation. Who gets to decide what the common good is? Are philosophers really as smart as they think th...
David and Sarah cover a full spectrum of cases and interesting news today. First up: Will a judge order Elon Musk to buy Twitter? Our hosts address the Texas res judicata case (pronunciation courtesy of a Latin expert); Boycott, Divest, Sanction (BDS) laws; and an abortion travel case. They also answer a question from listeners about the Second Amendment and militia precedent. Show Notes: -Twitter v. Musk complaint -Skiriotes v. Florida -Fisher v. University of Texas at Austin Learn more about y...
