Podcast-skeptic Judge Neomi Rao joins Sarah and David on the sidelines of the National Constitution Center’s Conference to talk circuit decisions, career path rejections, and tips for young clerks. But first: a primer on the most important office you’ve never heard of. Show Notes: -The Hedgehog and the Fox in Administrative Law -Judge Rao's Dissent Learn more about your ad choices. Visit megaphone.fm/adchoices
Judgmental looks. Angry scoffs and murmurs. Maybe even kicks at your back. All because you dared to recline your airplane seat. But isn't it your right to recline? Sarah and David charge into this heated -- and ever urgent -- legal question about ownership with Michael Heller, Professor of Real Estate Law at Columbia Law School, and James Salzman, Professor of Environmental Law at UCLA Law School, about their book Mine!: How the Hidden Rules of Ownership Control Our Lives. But first: SCOTUS upda...
Former VP Mike Pence is challenging a special counsel subpoena. David and Sarah look into the “speech or debate” clause cited by his defense team and its merits. Plus, a challenge to Connecticut schools transgender policy, more social media and first amendment clashes, and a little love shown to the fourth amendment on this post-Valentine’s day episode. Show Notes: Pence to fight special counsel subpoena on Trump’s 2020 election denial US appeals court will rehear challenge to inclusive Connecti...
Ron DeSantis wants to make open and slacken up national libel laws and, as always, it gets complicated. Sarah and (host emeritus) David try to help out. Also: Meta gets sanctioned! Show Notes: -Advisory Opinions: The Problem with "History & Tradition" -Fl. Gov. DeSantis floats legislation that would make it easier to sue news outlets -Reuters: Sarah Palin's legal fight with NYT -4th Circuit panel grants Stein injunction against criminal charges -Reuters: Meta, law firm Gibson Dunn sanctioned in ...
Friend of the pod David Lat challenges Sarah and frequent-guest David to think through the implications of different types of anonymous speech. Where is the line between a whistleblower in need of protection and a rumor-monger? Also: -The worst SCOTUS decisions, ranked (by Twitter-bound, partisan PoliSci majors). -Given ChatGPT’s poor grasp of legal history, will we win the coming war against the Cylons? [Producer note: David is wrong. The answer is no.] Learn more about your ad choices. Visit m...
In an episode dedicated to our most reasonable and law-abiding listeners, Sarah and David examine a Fifth Circuit's ruling that took the Bruen test to the next level. Following "history and tradition," the court found that barring domestic violence offenders from owning a guns is unconstitutional. Our hosts have thoughts. Also: can our hosts take on the Murdaugh murder case? Show Notes: -CNN: Law barring people with domestic violence restraining orders from having guns is unconstitutional, court...
Face to face at last, The One And Only Host Sarah Isgur and Untitled Tennessean David French exchange rants about NY prosecutors' untested legal theory for indicting Trump and about Biden's approach to ending emergency law (we believe the technical term is “¯\_(ツ)_/¯”). Also: -Should “sincerity of belief” factor into religious freedom decisions?-The vexing cake speech debate continues!-A judge flunks on the Constitution-Tingley v. Ferguson: Is therapeutic speech… speech?-One Catholic father is c...
Have you been feeling too optimistic about the state of free speech recently? Don’t worry! For AO’s 300th episode (!), Sarah and David wade through some of the latest, most migraine-inducing attempts to stomp, quell, restrict, and penalize free inquiry and expression. On the docket: -SCOTUS update. -In Texas, an influencer-slash-journalist brings together right and left in defending free speech against qualified immunity. -California really, really wants to ban “misinformation…” Now, if only it ...
Honor, thy name is the Pence staffer who found classified documents and resisted the urge to accidentally let them slip into a shredder. In addition to covering the latest in the Trump-Biden-Pence-Carter documents drama, David and Sarah discuss what’s shaping up to be one of the most egregious cases of spy corruption in American history. Plus: -A Georgia grand jury updates-A headscratcher case of wrongful arrest-Some thoughts on Florida’s crackdown on College Board’s African American Studies AP ...
If somebody understands the challenges of appointing special counsels, it's Deputy Attorney General Rod Rosenstein. He joins Advisory Opinions to talk (and reminisce) about DOJ drama. Also: Sarah and David have some tepid SCOTUS updates. Show Notes: -NYT: Investigators Seize More Classified Documents From Biden's Home -The Dispatch Podcast: The Biden Files Learn more about your ad choices. Visit megaphone.fm/adchoices
The Supreme Court saves the day (or at least, this episode) with a slew of last-minute cert grants. A consolidated immigration case; a legal battle between a 93-year-old woman and the state of Minnesota over a foreclosed condo; a search for the line between free speech and death threats; and, for good measure, David lets out a bee that’s been buzzing in his bonnet since law school over a religious accommodations case. Plus: so long sans serif! Show Notes: Pugin v. Garland, Garland v. Cordero-Gar...
As they consider the meaning of Robert Hur’s appointment as Special Counsel, Sarah and David cast a wish to the universe that top officials be held accountable for mishandling classified documents (or that they just stop doing that). They also discuss whether collegiality is declining among Supreme Court justices, take the pulse of religious liberty in the law, briefly discuss Fairfax county’s “war on merit” controversy, and offer a simple-to-follow definition of academic freedom. -”Should have ...
Following Sarah's personal tribute to the incomparable Will Consovoy, Sarah and David wade through the news about Biden's mishandling of classified documents and wonder about its implications on the Mar-a-Lago case. Then, David checks in the Georgia grand jury about Trump's alleged election interference, and a Sarah reviews two SCOTUS arguments, one concerning attorney-client privilege and union strikes. Finally, Sarah and David joyfully examine the true value of noncompete clauses. Show Notes: ...
We got some exquisite First and Second Amendment content for you today. David and Sarah discuss a Fifth Circuit decision to strike down the Trump administration ban on bump stocks. They then discuss whether a teacher has a right to wear a MAGA cap even if it engenders emotional reactions. Show Notes: Fifth Circuit Majority Opinion on Bump Stock bans Gorsuch's dissent Judge Elrod's musical talents Summary from 9th U.S. Circuit Court of Appeals on MAGA hat and free speech NYT: A Lecturer Showed a ...
In this first episode of the new year, Sarah and David bring a smorgasbord of topics to the table. They cut through the confusion in the legal battle over Title 42 and the question of lingering pandemic law. Also: Comedian Jeff Ross makes headlines by unwittingly getting involved in a death penalty case, and the 11th circuit court of appeals hears a heated case involving a Florida school's transgender bathroom ban. Oh and yes... David makes a bittersweet announcement. Show Notes: Supreme Court R...
Vaccine mandates! Title 42 and border policy! Twitter Files updates! Electoral Count Act! “The Imperial Supreme Court”! FedSoc/Sate showdown! Sarah and David are marathoning through topics in the hope of placating the wrathful law gods and preempting a Christmas-time emergency pod. (Knock on wood.) Show Notes: -Adam Liptak’s New York Times piece on the supremacy of the judicial branch -Mark Joseph Stern’s interview with Judge Pryor for Slate Learn more about your ad choices. Visit megaphone.fm/a...
Sarah and David look at the latest Twitter Files revelations, and consider whether they point to First Amendment concerns. They also look at the first case about transgender athletes making its way to the Supreme Court. Sarah then breaks down the grammatical debate happening in the comments section with a closing statement on why she was right, although rather unintentionally. Show Notes: -Philip Hamburger’s Wall St. Journal piece -Title IX -Kevin Stroud talks history of the English language on ...
It’s a lighting-round AO! David and Sarah start with updates on the Loudoun County scandals, the travails of Biden’s student loan forgiveness plan, and the sanctioning of Stop the Steal lawyers. They then turn to the least palatable of topics and discuss Section 230 and social media’s liability (or lack thereof) in the spread of child pornography. Show Notes: -Challenges to Biden’s student loan forgiveness reach SCOTUS -The 10th Circuit sanctions Stop the Steal lawyers -Reason’s Elizabeth Nolan ...
Oral arguments on Biden's immigration (in)action push the Supreme Court to decide on the meaning of "shall," and to wrestle with the upshot of two government branches unwilling to do their jobs. David notices that Loudoun County is gaining national notoriety (again!). Plus: Can legal wins for religious freedom lead to a culture war cool down? Show Notes: -David's Loudoun county aside -David's religious freedom aside Producer note: if you're ready to get serious about your spicy takes... Learn mo...
In an all-star hearing, the Supreme Court considers a melange of legal and philosophical arguments concerning the “independent state legislature” doctrine. But first, David and Sarah revisit 303 Creative and debate the Tough (with a capital T) line between law and morality. Also: Should Judge Cannon be impeached? Out of context: “For the record, Sarah, there are Mean Girls in Dune.” Show Notes: -J. Michael Luttig for The Atlantic against the Independent State Legislature doctrine Learn more abou...
Finally, the Supreme Court hears arguments on Creative 303, the case that asks whether a web designer can refuse to provide her services for a gay wedding. And the hearing was... a mess! Also: The 11th Circuit shuts down the Special Master's review of Mar-a-Lago documents. David and Sarah sum up the ruling as “predictable, even quasi inevitable," while debating whether or not it "dunked" on judge Cannon. Show Notes: -303 Creative Oral Argument Learn more about your ad choices. Visit megaphone.fm...
The AO marathon continues as David and Sarah catch up on Supreme Court hearings. In this feature-length episode, they explore the line between lobbying and bribery, raise eyebrows at the historicity of the "independent legislature" argument, and debate the extent to which the 303 Creative case is about speech. Also: the Jan. 6 prosecutors may have caught their white whale. Show Notes: -Oath Keepers founder convicted -303 Creative’s oral argument Learn more about your ad choices. Visit megaphone....
It's censor v. censor, as politicians, academics, and journalists from left to right fight over who gets to block whose free speech. Plus: David and Sarah reconsider their comments about the alleged Alito leak. Show Notes: -Novoa v. Diaz -Villarreal v. Laredo, Texas -Reason Magazine on the stakes of Villarreal’s lawsuit -David’s piece on the meaning of religious freedom Learn more about your ad choices. Visit megaphone.fm/adchoices
As rumors swirl about another Alito leak, David and Sarah examine DC’s corrosive obsession with “access.” They also discuss the DOJ's appointment of a special counsel for the Trump investigations, revisit their discussion of protective orders, and ask whether we should care about law schools pulling out of the US News & World Report. Plus: get your bingo cards ready! Show Notes: -AO Bingo -Lincoln’s Thanksgiving proclamation Learn more about your ad choices. Visit megaphone.fm/adchoices
Haggard and sleep deprived, Sarah and David buckle down for an extra-long episode that covers student loans, court sanctions, gay marriage legislation, more FedSoc speculation, and [deep breath] the founding principles of the United States. Ready thy popcorn. Show Notes: -Sanctioning Trump's lawyers -Codifying gay marriage Learn more about your ad choices. Visit megaphone.fm/adchoices
Things get visceral as David and Sarah discuss Haaland v. Brackeen, the Supreme Court case that may determine who gets to adopt a Native American child. Then, having picked up their dropped jaws, they parse a federal court's ruling that deemed it unconstitutional to prohibit gun ownership based on a history of domestic violence. Plus: Sarah provides some FedSoc gala gossip. Show Notes: -Haaland v. Brackeen -Gabriel Malor, no snark Learn more about your ad choices. Visit megaphone.fm/adchoices
Yes, David and Sarah share their post-election thoughts (including the Trump question), but they also talk some law! From Judge James Ho (the scourge of Yale Law School) nudging SCOTUS to recognize an unenumerated right to make a living, to New York state’s gun laws hitting a wall in court… the takes are a-flowing. But none more shocking than David’s all-time top two songs. Plus: David ruefully performs a post-mortem to his midterm pre-mortem. Learn more about your ad choices. Visit megaphone.fm...
On today's combative pod, David and Sarah revisit the Stacey Abrams lawsuits and check in on the state of election laws. They then turn to the question of expressive activity and whether a state can force a beauty pageant to include transgender contestants. They conclude with an examination of Washington state's approach to "unconscious bias" in trials. Plus: the duo offers a few pronunciation meae culpae. Show Notes: -David on Stacey Abrams’ election challenges -Green v. Miss United States of A...
Time to talk about Harvard. Returning to the affirmative action debate, David and Sarah consider the differences between UNC and Harvard, unpack the justices’ questions and comments, and ask what kind of diversity Harvard hopes to promote, if at all. They also discuss the preemptive backlash to Justice Amy Coney Barrett’s upcoming book, and the attack on Paul Pelosi. Show Notes: -Court filing detailing the break in to Nancy Pelosi's house. Learn more about your ad choices. Visit megaphone.fm/adc...
Two universities defended their admissions process before the Supreme Court on Monday. Starting with the University of North Carolina (with a Harvard tease), David and Sarah grapple with – and at times disagree about – the difficult questions at the heart of the hearing: how should we understand diversity? Is seeking justice for centuries of slavery and discrimination compatible with race neutrality? Who should bear the brunt of righting a historic wrong? Learn more about your ad choices. Visit ...
