Justice Kagan makes remarks to the 9th Circuit and President Biden proposes SCOTUS reforms. The usual slow-moving summer legal news drag is disrupted by a number interesting cases and eye-raising comments. On the docket: —To stand or not to stand at a desk —Justice Kagan says Supreme Court reforms are "fair" —The Supreme Court’s caseload —Are justices friendly? —President Biden’s proposed reforms —Leonard Leo says "Dems are destroying a court they don't agree with" —Removing Chevron deference —T...
Aug 01, 2024•1 hr 13 min•Transcript available on Metacast Sarah and David welcome special guest Anthony Sanders, director of the Center for Judicial Engagement at the Institute for Justice, to eviscerate Justice Oliver Wendell Holmes Jr. Plus: David’s rant on Presumed Innocent. The Agenda: —Judicial engagement —Social Darwinism and “putting to death the inadequate” —Progressive forgiveness for progressives —First Amendment —Civil rights and judicial abdications —Holmes’ defense of sterilization —The difference between judicial progressives, liberals, a...
Jul 30, 2024•1 hr 7 min•Transcript available on Metacast Sarah and David are joined by Notre Dame law professor Derek Muller, who teaches “Presidential Nominations in a Time of Uncertainty,” to discuss the legality of swapping out (presumptive) party nominees, the potential consequences of doing so, and the complexity of state election laws at-large. The Agenda: —Can Kamala Harris inherit Joe Biden’s PAC money? —Will Republicans successfully keep Kamala off the ballot? —What’s up with Ohio? —Could Donald Trump replace J.D. Vance? —What does “natural-b...
Jul 25, 2024•59 min•Transcript available on Metacast Sarah and David answer listener emails, covering everything from judicial federalism, to the Supreme Court’s upcoming tech term, to potential SCOTUS reforms. The Agenda: —Constitutionality of the special counsel —The Nixon precedent —Independent judgment of lower courts —Predictability and the rule of law —The Texas pornography case: children’s rights or adult’s rights? —Injunctions as extraordinary relief —Biden’s proposed SCOTUS reforms —The grossness of ethics violations Show Notes: —Atul Gaw...
Jul 18, 2024•1 hr 14 min•Transcript available on Metacast Judge Aileen Cannon dismissed on Monday the charges brought by special counsel Jack Smith against former President Donald Trump for mishandling classified documents. So, um, what just happened? Sarah Isgur and special guest David French discuss. The Agenda: -Why Judge Cannon thinks Jack Smith's position is illegal. -Rating the decision, from solid law to bonkerstown. -What will the DOJ do now? -Trump's Law of Felicitous Circumstances. -When will Adaam finally let the Grizzlies into his heart? Le...
Jul 16, 2024•40 min•Transcript available on Metacast Sarah, Steve, Jonah, and David French discuss the assassination attempt against former President Donald Trump during a Pennsylvania rally over the weekend. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jul 15, 2024•1 hr 2 min•Transcript available on Metacast Could Joe Biden sue a faithless delegate? Would Brown v. Board exist if a supermajority had opposed integration? Is the next generation of lawyers doomed? In a special live recording at the American Enterprise Institute, Sarah and David contemplate a series of worst-case hypotheticals and answer audience questions. Bonus: originalist David French (somewhat) defends the Warren Court. Agenda: —Bound, free, and faithless DNC delegates —How the 12th Amendment could cause a 13th-hour, three-way race ...
Jul 12, 2024•1 hr 15 min•Transcript available on Metacast Kannon Shanmugam and his summer associates return to Advisory Opinions to look back on the SCOTUS term and discuss the state of “text, history, and tradition.” The Agenda: —Big themes from this SCOTUS term —Was this the administrative law term? —Should we stop thinking about SCOTUS “terms”? —The health of the First Amendment —“The media now owns Amy Coney Barrett” —Justice Thomas’ dissent in Rahimi —Sarah’s summary of this term —Questions from summer associates Show Notes: —Loper Bright Enterpri...
Jul 09, 2024•2 hr 32 min•Transcript available on Metacast On today’s super-mega-extravagant episode, Sarah and David celebrate America’s birthday by gifting everyone a magnificently long podcast. First on the docket: more analysis of the SCOTUS immunity decision. The Agenda: —Facial challenges in Moody v. NetChoice —Welcome, Father of the Pod —Should prosecutors be totally immune? —No more bad science! —Ongoing debate over Section 230 —Romney: Corporations are people too! —Donald Trump’s Florida and Georgia cases —Is the pod over yet? Nope! —Dred Scott...
Jul 04, 2024•2 hr 59 min•Transcript available on Metacast Sarah and David break down the Supreme Court decision in Trump v. United States. The Agenda: —Unanimous decision on Moody v. NetChoice —SCOTUS stat pack —Three buckets of immunity —Immunity takeaways: yes, no, and maybe —Presidential immunity and accountability —The role of the electorate in holding presidents accountable —Does the Constitution prevent despots and tyrants? Show Notes: —David's NYT op-ed on SCOTUS and the pro-life movement Advisory Opinions is a production of The Dispatch, a digi...
Jul 01, 2024•1 hr 7 min•Transcript available on Metacast We're not talking about Trump and Biden, but we are discussing something that could make double-hater voters less worried about the future of presidents and executive power: the final stake through the Chevron doctrine. The Agenda: —Chevron is overruled —Jarkesy decision —How "old think" plays out in the two above decisions —Sarah's offended by Sotomayor —The non-Trump January 6 case —Are homeless people being targeted by SCOTUS? No Show Notes: —Nick Kristof's piece for the Times —Ohio v. Enviro...
Jun 28, 2024•1 hr 22 min•Transcript available on Metacast Sarah and David return for a truly prolific episode covering another SCOTUS decision day and revisit where they stand on originalism and its faults. The Agenda: —Doctrine coded vs. culture-war coded —Did the government coerce social media companies in 2020? —David, you ignorant slut —Interpreting “corruptly” —The accidental release of Idaho abortion case —Is SCOTUS strategic in its opinion release schedule? —The problems with originalism —Trump immunity case delay Show Notes: —National Rifle Ass...
Jun 27, 2024•2 hr 33 min•Transcript available on Metacast In a special live recording from San Francisco in late May, Sarah interviewed former Supreme Court Justice Stephen Breyer about his judicial philosophy, the future of the court, and accepting dissent in America. The Agenda: — How snails explain the Supreme Court — To recuse or to not recuse? — The Court’s public approval and its response to public approval — Rule of law — Unenumerated rights — Humor in the Court — Audience questions Show Notes: — Stephen Breyer’s Reading the Constitution — The E...
Jun 25, 2024•1 hr 26 min•Transcript available on Metacast The Supreme Court has decided 8-1 in favor of the government in United States v. Rahimi. Sarah and David break down the decision before getting to a few sleeper cases from the day.The Agenda: —“Y’all misunderstood Bruen” —History is instructive, not binding —18th-century policy vs. 21st-century problems —The future of gun control —“Bad man stays in jail” doctrine —Trump’s SCOTUS nominees in a second term —“SCOTUS should have never taken Rahimi” —Sleeper cases Show Notes: —Sarah’s “bad man stays ...
Jun 22, 2024•1 hr 14 min•Transcript available on Metacast Awaiting a week full of emergency pods, Sarah and David discuss latest round of SCOTUS opinions and take a look at a religious expression case. The Agenda: —Your foreign earnings are taxable —Malicious prosecutions, do they fall under the charge-specific rule or any-crime rule? —The Fifth Circuit was wrong —Defining expert testimony —Louisiana's Ten Commandment's law Show Notes: —Georgia Tech sued over speech code —History of the Lemon test Advisory Opinions is a production of The Dispatch, a di...
Jun 20, 2024•1 hr 5 min•Transcript available on Metacast Sarah and David discuss how the media’s focus on outcomes ignores the Supreme Court’s complexity and restraint. Plus: tips for the lawyer ready to quit. The Agenda: —Bump stocks and executive overreach —Upcoming SCOTUS cases —Who’s the least powerful justice? —Hidden ideological diversity in SCOTUS —DOJ’s enforcement of the FACE Act —How to quit your law firm: tips on professional risk management Show Notes: —Vidal v. Elster —Empirical SCOTUS’ Power Index —Mifepristone case Advisory Opinions is ...
Jun 18, 2024•1 hr 12 min•Transcript available on Metacast David Lat takes over the guest chair and joins Sarah to discuss recent SCOTUS decisions. The Agenda: —SCOTUS bumps bump stock case to Congress —Lily Ledbetter and the last time Congress did their job —Mifepristone decision —Trump too small? Maybe, but you can’t trademark it —Justice Gorsuch and Justice Jackson’s playful relationship —NLRB and defending the administrative state —Justice Alito is secretly recorded —Young Thug’s messy court trial —Predicting SCOTUS decisions —Sentencing and appeals...
Jun 14, 2024•1 hr 24 min•Transcript available on Metacast Sarah and David discuss the laws of war in response to Israel’s successful hostage rescue operation in Gaza before turning to the latest First Amendment drama from the 1st Circuit. The Agenda: —Laws of war and the Israeli hostage rescue operation —Materially disruptive speech and t-shirts —Health check on the Constitution —Far-right says freedoms are under attack Show Notes: —David’s critique of Israel in the NYT —Angry cheerleader case —Justice Brennan opinion in 1970s book banning case —Tinker...
Jun 11, 2024•1 hr 13 min•Transcript available on Metacast No Rahimi decision yet … but Sarah and David have the next best thing: math! The two dive into Sarah’s recent POLITICO piece in which she and Dean Jens used data to analyze the Supreme Court. The Agenda: —The three-body problem —Was Dobbs v. Jackson Women's Health Organization radical? —Moneyballing the court —“Right to counsel” at the 9th Circuit —Racial discrimination in contracting —Test cases are test cases —Judge Newsom’s “unusual” concurrence —Judge Easterbrook on fonts —The health of the ...
Jun 07, 2024•1 hr 11 min•Transcript available on Metacast Sarah and David detail Hunter Biden’s legal predicament and discuss the impact it will have on the political landscape. Is this coercive bargaining in action? The Agenda: —Food poisoning etiquette —Hunter Biden's federal case —Prosecuting Donald Trump —Abortion opinion out of Texas Supreme Court —Insights into the Supreme Court’s decision-making process —SCOTUS watch Show Notes: —Steve Calabresi for the Volokh Conspiracy —Sarah's piece for the New York Times Learn more about your ad choices. Vis...
Jun 04, 2024•1 hr 6 min•Transcript available on Metacast Akhil Amar, Sterling Professor of Law at Yale University, joins Sarah and David to read between the lines of the Constitution to find and define unenumerated rights. Be sure to check out his books, America's Unwritten Constitution: The Precedents and Principles We Live By and The Words that Made Us: America's Constitutional Conversation, 1760-1840. And stick around after the interview for a brief Alito flag update. —Akhil Amar’s two-tier theory of jurisdictions —AO episode with Judge Newsom ment...
May 31, 2024•1 hr 15 min•Transcript available on Metacast In an emergency live dispatch, Sarah and David discuss the historic verdict in Trump's New York hush money case. Expect to hear sentencing expectations, appeal efforts, and how voters will reach. Show Notes: -Mike and Sarah’s Collision newsletter on the outcome of the case Learn more about your ad choices. Visit megaphone.fm/adchoices
May 31, 2024•36 min•Transcript available on Metacast Sarah gives us a taste of her interview with retired Supreme Court Justice Stephen Breyer before she and David dive into the latest SCOTUS ruling on racial gerrymandering. The Agenda: —Justice Breyer and the Major Questions Doctrine —Alexander v. South Carolina State Conference of the NAACP —Conduct vs. speech and Morgan Wallen’s Nashville bar —Random swipes at text, history, and tradition from David —Approving a SCOTUS nominee from opposing parties? —Amending the amendment process —Codifying th...
May 23, 2024•1 hr 13 min•Transcript available on Metacast Is Justice Alito a secret election denier? Is his wife chronically online? Were these allegations the point of a New York Times article about hanging the American flag upside down? Or is this a nothingburger? Sarah and David discuss. The Agenda: —Appearances of impropriety —Husbands: What would you do if someone called your wife the C-word? —Asserting executive privilege over audio recordings —No, Zina Bash did not make a white power symbol —Nixon tapes and Biden’s interview —The opposite of a n...
May 21, 2024•1 hr 17 min•Transcript available on Metacast Do judges have an important role to play in society beyond judging? Judge Lee Rudofsky takes the affirmative, while Orin Kerr disagrees in this special AO episode debating this topic. Sarah and David also discuss the latest SCOTUS cases. Show Notes: —Judges write letter saying they won't hire law clerks from Columbia —Kerr: Do Judges "Have an Important Role to Play in Our Society" Beyond Judging? —Code of Conduct for United States Judges —Staying Off the Sidelines: Judges as Agents for Justice S...
May 16, 2024•1 hr 5 min•Transcript available on Metacast Sarah and David start things off with a discussion of Trump’s trials and how he might respond to the outcome of the election. Are David’s concerns overblown? The Agenda: —Trump’s New York trial —Chilling speech over anti-Israel protests and one law school dean's private dinner party —Mocking Michael Cohen —Civil forfeiture SCOTUS ruling —AYER ruling —When prison guards shave a Rastafarian's dreads —Firing gay teachers Show Notes: —Trial of Ted Stevens Learn more about your ad choices. Visit mega...
May 14, 2024•1 hr 3 min•Transcript available on Metacast Eleventh Circuit Judge Kevin Newsom takes over the role as professor to teach Sarah and David the implications of jurisdiction stripping and the balance of power between the branches of government. We’ll sum the lesson up as … Congress, do your job. The Agenda: —Judges say they won’t hire from Columbia Law School —Explaining the exceptions clause —Constraints over jurisdiction stripping by Congress —Marbury powers —Congress taking a more active role in constitutional interpretations Show Notes: ...
May 09, 2024•1 hr 14 min•Transcript available on Metacast Judge Edmund Sargus from the Southern District of Ohio joins Sarah and David to take on originalism and different means of constitutional interpretation. The Agenda: —Brown v. Board of Education and the different judicial philosophies that can be applied to the case —Originalism vs. common law traditionalism —Challenges and limitations of textualism and originalism —Landmark cases and the Supreme Court’s decisions shaping societal progress —Interpreting ambiguous constitutional terms like ‘equal...
May 07, 2024•1 hr 19 min•Transcript available on Metacast It’s a silent spring in Texas as Pornhub pulls out of the state in an act of protest over a law requiring age verification measures. Sarah and David go through the legal battle between the explicit site and Texas AG Ken Paxton.The Agenda: —Sarah’s high —Texas law requiring age verification to access pornography online —The tiers of scrutiny in constitutional law —The role of text, history, and tradition —Going through the Antisemitism Awareness Act of 2023 —Understanding the differences between ...
May 02, 2024•1 hr 2 min•Transcript available on Metacast David returns after a brief food poisoning hiatus to discuss two oral arguments heard before the Supreme Court: Trump’s immunity case and Idaho’s case on abortion bans. But first, a request from The Dispatch’s resident Wilson-hater. The Agenda: —Are solo podcasters sociopaths? —Proposals for changes on the Israeli Supreme Court —Absolute immunity for presidents —The role of the executive vesting clause —Reviewing Idaho’s abortion ban —Time, place, and manner restrictions on college campuses —Ans...
Apr 30, 2024•2 hr 35 min•Transcript available on Metacast 
