The Supreme Court this week heard oral arguments for Donald Trump’s immunity case, and David has thoughts. However, he was too sick to join today so Sarah had to go solo (Ruminant style!), recapping the legal and political implications of the case, assessing the strength of the arguments and their significance for the future of our political system, and trying to imagine where we go from here in this bizarre election cycle. The Agenda: —Good and bad news for Trump —What presidential acts are imm...
Apr 26, 2024•54 min•Transcript available on Metacast Sarah and David discuss oral arguments in Grants Pass v. Johnson, a Supreme Court case addressing the issue of homeless people camping on public property, as well as and the 4th Circuit ruling that blocked West Virginia's law blocking transgender athletes from participating in sports. The Agenda: —SCOTUS hears Grants Pass v. Johnson —Necessity defense and cannibalism —4th Circuit ruling on trans sports ban in West Virginia —SCOTUS rules on Title VII case —Biden expands Title IX ruling —Campus du...
Apr 23, 2024•1 hr 23 min•Transcript available on Metacast There’s not much worth discussing yet in Donald Trump’s criminal trial in New York, so Sarah and David focus on the Supreme Court and a case on Idaho’s law restricting gender-transition treatment for minors. Plus: Murmurs about Clarence Thomas’ brief absence. The Agenda: —Election law crimes, tax crimes, and falsification of business records —Challenges of broad injunctions —Idaho’s Vulnerable Child Protection Act —SCOTUS exhausted with emergency docket applications —Justices call to retire univ...
Apr 18, 2024•1 hr 8 min•Transcript available on Metacast Co-authors Jack Goldsmith and Bob Bauer join the podcast to discuss their book, After Trump: Reconstructing the Presidency, and the need to reform presidential power. But first, a protest and a dinner party at a Berkeley Law School dean's house. Did the location qualify as a public forum? Sarah and David evaluate. The Agenda: —Dean of Berkeley Law School and a Palestinian Protest: 1A protection? —How to go about civil disobedience —Reforming the Insurrection Act —The need for bipartisan support ...
Apr 16, 2024•1 hr 11 min•Transcript available on Metacast Sarah and David explain the jury questionnaire in Alvin Bragg’s case against Donald Trump before getting into the weeds of the origins of originalism. The Agenda: —How to select a jury for Trump —Celebrity trial jury instructions —Biden swings again at student loan forgiveness —Did the Warren court birth originalism? —Originalism vs. platonic idealism —More questions from a high schooler —How do judicial ethics actually work? —The myth of the 6-3 court —The most important SCOTUS decisions Learn ...
Apr 11, 2024•1 hr 21 min•Transcript available on Metacast Things get heated in Trump’s classified documents case. In a court filing this week in Donald Trump’s classified documents case, special counsel Jack Smith challenged Judge Aileen Cannon by vowing to appeal any decision that included the Presidential Record Act in jury instructions. David and Sarah discuss Smith's public move and what it means for the case. The Agenda: —Sarah's recaps her defamation law musical experience —Justice Sotomayor's age raises questions about the right time for Justice...
Apr 09, 2024•1 hr 21 min•Transcript available on Metacast Sarah and David dive into two op-eds challenging the Federalist Society and the call for lawyers to uphold the tradition of liberty under law. The Agenda: —Mayfield v. Butler, retaliation, and political targeting —Risks and challenges facing the Federalist Society —Did Trump-era advances in jurisprudence come at a deep civic cost? —The Thomas’ article on the judicial filibuster —Will Peter Navarro’s attempts to evade jail time succeed? (Spoiler: No) —Sarah and David answer work-life balance ques...
Apr 04, 2024•1 hr 16 min•Transcript available on Metacast Federal Judges Roy Altman, Lee Rudofsky, and Amul Thapar join Sarah and David to discuss their recent trip to Israel along with 11 other federal judges that focused on the question of the day: Is Israel complying with international law as it pursues its war against Hamas in Gaza? The Agenda: —The purpose of the judges’ trip —Walking through the locations of the October 7 attack —Gruesome tactics by Hamas —Military authority in Israel —Israel’s legitimacy as a nation-state —Debunking the “Israeli...
Apr 02, 2024•1 hr 24 min•Transcript available on Metacast Sarah and David discuss the legal arguments and media spin around the Mifepristone abortion pill case. The Agenda: —Mifepristone at the Supreme Court —SCOTUS and the 5th Circuit —Arresting a 72-year-old woman —The "Burning Man" festival of Alaska —Red brief, green brief, orange brief too —The stigma of the green bubbles and the DOJ's antitrust case against Apple Show Notes: —Oral argument transcript, FDA v. Alliance Hippocratic Medicine —Federal Judge Roy J. Altman speaks on his recent trip to I...
Mar 28, 2024•1 hr 7 min•Transcript available on Metacast In this double-guest special, David Lat shares his original reporting on the exodus of Judge Aileen Cannon’s clerks and its implications for Trump's classified documents case. Judge David Proctor of the Northern District of Alabama then joins to explain the history and function of the federal judiciary and its committees, including the Judicial Conference. The Agenda: —Do younger clerks just not understand hard work? —Judge Cannon’s declining reputation —Delays in Trump’s documents case —How the...
Mar 26, 2024•1 hr 24 min•Transcript available on Metacast Sarah and David dive into the battle (one that at times stumps our resident SCOTUS wonks) between the 5th Circuit and the Supreme Court on Texas’ deportation legislation. The Agenda: —Texas’ SB4, explained —Important legal glossary —The issue with administrative stays —Why the delay at the Fifth Circuit? —Opinion in chambers from Justice Roberts —FBI No-Fly List Case —First Amendment and Government Coercion —NRA free speech battle —Listener feedback Learn more about your ad choices. Visit megaph...
Mar 21, 2024•1 hr 1 min•Transcript available on Metacast Sarah and David discuss Justice Amy Coney Barrett’s opinion in Lindke v. Freed—released last week by the Supreme Court—and the test for state action on social media. Is there a constitutional right to commenting on state officials’ accounts? The Agenda: -Predicting SCOTUS votes for Net Choice -Slime in the ice machine -Justice Elena Kagan’s compelling reasoning for saying “and” means “or” -Terrorism distortion and special needs exceptions to the Fourth Amendment -The 5th U.S. Circuit Court of Ap...
Mar 19, 2024•1 hr 12 min•Transcript available on Metacast Sarah and David react to the Robert Hur’s congressional testimony, but first Sarah responds to a recent article that claimed she was assisting Hur in his testimony (and thanks the loyal listeners who came to her defense). The Agenda: —David’s thoughts on the Hur hearings —Lessons in media training —Differences between the Trump and Biden documents cases —Partisanship making people awful —Complaint by Jewish students at MIT —Blood libel at MIT —Free speech or no speech on campus? —Positive racial...
Mar 14, 2024•1 hr 13 min•Transcript available on Metacast Despite a slow start to the week in legal news, Sarah and David have a tightly packed episode today starting with a dissent from denial from Justice Thomas on bias response teams at a Virginia university. The Agenda: —Bias response teams —ACLU vs. NLRB —Florida's Stop Woke Act naw-dogged by Eleventh Circuit —Texas' law on minor access to explicit content at the Fifth Circuit —TikTok: Welcome to the culture war —Kevin Newsom's speech on text, history, and tradition —Be careful with tradition —Und...
Mar 12, 2024•1 hr 2 min•Transcript available on Metacast David takes the first ten minutes to respond to Twitter trolls over his latest New York Times article before he and Sarah revisit their arguments over the Supreme Court’s per curium ruling on the Trump-Colorado case. The Agenda: —Defending the Supreme Court —Erasing the Constitution —Confusion over the Trump ruling —Consequentialism vs. originalism —Judicial restraint and originalism —Erasing Chevron —SCOTUS hears bump stock case —Explaining the string cheese factors Show Notes: -Kevin Williamso...
Mar 07, 2024•1 hr 17 min•Transcript available on Metacast The Supreme Court issued an unanimous decision on Monday dismissing efforts to block Trump from the Colorado ballot. Sarah and David review the ruling and then go on to disagree about pretty much everything. Stay tuned for a feisty debate. The Agenda: -Colorado cannot remove Donald Trump from its ballot -SCOTUS not touching the "Did Donald Trump engage in insurrection or aiding the enemies of the United States?" question -Also not touching, "Is Trump an officer?" -5-4 ruling on who can enforce S...
Mar 05, 2024•1 hr 10 min•Transcript available on Metacast Sarah and David have some legal catch-up to do but first on the docket is some rank punditry on Donald Trump's endless legal saga. The Agenda: —Why is there a delay on Trump’s cases? —David explains NetChoice v. Paxton —McElrath v. Georgia update —No Labels considers Nikki Haley —Dr. Phil’s our guy —Home Depot and free speech —NCAA name, image, likeness rules —AO dating app update Today's episode is supported by Burford Capital. Follow the link to learn more: http://burfordcapital.com/ao Learn m...
Feb 29, 2024•1 hr 15 min•Transcript available on Metacast Former U.S. Assistant Attorneys General Stephen Boyd and Jody Hunt, as well as U.S. Attorney for the Northern District of Alabama Prim Escalona join Sarah Isgur for a live recording of Advisory Opinions at the University of Alabama. The Agenda: —An update on the Alabama IVF ruling —To go to law school or not to go? —Private practice vs public service —Relationship and mom advice in high-stressed jobs —Audience QA Show Notes: —Chevron Deference discussed on Advisory Opinions. Today's episode is s...
Feb 27, 2024•1 hr 17 min•Transcript available on Metacast Judges Jennifer Elrod and Charles Eskridge join Sarah and David to explain the “inns” and outs of a special networking group for attorneys. The Agenda: —SCOTUS declines to hear TJ High School case[should we spell out?] —Harvard, antisemitic cartoons, and free speech —Biden’s authority to shut the border —The Inn of Court explained —Taylor Swift-themed parodies —Sarah sings for a second Show Notes: -Contact sam@smglawgroup.com for more information on the Houston showing Learn more about your ad c...
Feb 22, 2024•1 hr 8 min•Transcript available on Metacast Sarah and David dive into an Alabama Supreme Court case designating embryos as minors and explain how this might affect abortion policy at large. The Agenda: —Has Alabama banned in vitro fertilization (IVF)? —Sarah’s experience with IVF —The post-Roe world —Climate scientist wins $1 million defamation case —Fani Willis and Nathan Wade take the stand —Donald Trump’s corporate death penalty —AO advice column: marrying a lawyer Show Notes: —David Lat's Original Jurisdiction Today's episode is suppo...
Feb 20, 2024•1 hr 14 min•Transcript available on Metacast Do people have a right to gun ownership even if it conflicts the “spirit of Aloha”? Sarah and David dig into a 53-page opinion from the Supreme Court of Hawaii that teeters on the edge of defiance. The Agenda: —Clarifying public accommodation and the anti-Zionist bookstore —Carrying a gun without a permit v. the Second Amendment —The Law of the Splintered Paddle —Bruen makes an appearance —Trump's briefs (to the Supreme Court) Show Notes: Today's episode is supported by Burford Capital. Follow t...
Feb 15, 2024•1 hr 14 min•Transcript available on Metacast Memory issues, ghost writers, and presidential prosecutions. Media outlets are cherry picking bits and pieces from the Hur Report on Biden’s handling of classified documents, but Sarah and David spend a full episode analyzing its legal standards and implications. The Agenda: —Disclosing biases —Standards of evidence —Biden’s too old —Can we get the full recordings? —No security clearance for the ghost writer —Partisan brains reading the report —“No Zionists Allowed” in a bookstore Show Notes: —T...
Feb 13, 2024•1 hr 25 min•Transcript available on Metacast Sarah and David cover the oral argument at the Supreme Court regarding the Colorado Supreme Court’s decision to block Trump from the ballot in the state. The Agenda: —David’s unpleasant déjà vu —All the ways Colorado will lose —The textualist approach —What process is due? —Non-Mutual Collateral Estoppel —David responds to Justice Kagan —Griffin’s case —U.S. Term Limits, Inc. v. Thornton —The advocates Learn more about your ad choices. Visit megaphone.fm/adchoices
Feb 09, 2024•1 hr 16 min•Transcript available on Metacast The D.C. Circuit Court of Appeals has unanimously decided that Donald Trump is not immune from prosecution. On today's emergency pod, Sarah and David react to the decision's substance and how the timing affects the election. The Agenda: —Timing is everything —Word of the day: estoppel —Will SCOTUS take the case? —The opinion’s flaws —Whatis a president immune from? —What is an official act? —The parade of horribles argument —Why the Colorado disqualification case is relevant —The New Yorker: Sar...
Feb 07, 2024•1 hr 10 min•Transcript available on Metacast Sarah and David invite District Judge Vince Chhabria on the pod to explain the state of multidistrict litigation and answer the question: Why does he listen to Advisory Opinions? The Agenda: —Justice Breyer’s jurisprudence —Judging vs. personal value judgments —David’s cringe a cappella group name —Constitutionality of magistrate judges —How to fix forum shopping —MDLs, explained —The pros and cons of MDLs —How to become a judge —Judge Chhabria’s clerk hiring process Learn more about your ad cho...
Feb 06, 2024•1 hr 16 min•Transcript available on Metacast Judge John K. Bush of the Sixth Circuit Court of Appeals joins Sarah to discuss the method and merits of the "history and tradition test." But first, Sarah and David dive into some Supreme Court gossip. The Agenda: —Addressing Justice Sotomayor's comments —David's gross speculation —More immigration talk —The problem with Remain in Mexico —Why we have hate crimes —Tiers of scrutiny —The problems with "history and tradition" —How to become a clerk for Judge Bush —How Judge Bush judges judging Sho...
Feb 01, 2024•1 hr 11 min•Transcript available on Metacast Sarah and David dive deep into the state of immigration law and Texas Gov. Greg Abbott's legal battle with the Biden administration. The Agenda: —Amicus briefs for funsies —The asylum system problem —How to fix the crisis at the border —The border deal in the Senate —Civil War cosplay —National Guard and Texit detour —Football vs. politics redux Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 30, 2024•1 hr 4 min•Transcript available on Metacast Sarah and David discuss ~vibes~ from a recent emergency docket ruling on razor wires along the Texas border plus Judge Newsom's latest concurrence on discrimination and religious advertisements. The Agenda: -Judge Kyle Duncan ruling and a SCOTUS reversal -Judge Kevin Newsom and religious advertisements -Raising highways in Texas -No Labels sending a letter to the DOJ -Fifth circuit divided in free speech case -Honoring former Solicitor General, law professor Charles Fried -Is it okay to cry at w...
Jan 25, 2024•1 hr 12 min•Transcript available on Metacast Sarah and David brave the tundras of the Vanderbilt campus to discuss left-leaning bias in pro-bono cases before diving into the details of Fulton County DA Fani Willis’ possibly salacious hires. The Agenda: -Left-leaning bias academic study -Trouble in paradise for Fani Willis -Top 10 tips from an Indiana Law Clerk -Defining “colorable” and “to cabin” -Alec Baldwin and new standards for Hollywood sets -Chevron listener question -Live Q&A Show Notes: -Pierson v. Post Learn more about your ad cho...
Jan 23, 2024•1 hr 24 min•Transcript available on Metacast Sarah and David appease a couple listeners’ requests before getting to the Loper Bright Enterprises v. Raimondo oral argument. The Agenda: —Words of the day: certiorari and conversion —Epic Games, Inc. v. Apple Inc. —Supreme Court humor —Congress (and the courts) do your job —Texas’ READER Act blocked by Fifth Circuit —Responding to listeners’ comments Show Notes: —Kisor v. Wilkie —Pierson v. Post Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 19, 2024•1 hr 7 min•Transcript available on Metacast 
