In a special emergency Advisory Opinions/Dispatch Podcast crossover, Sarah, David, and Steve react to Donald Trump’s Cabinet picks so far, break down the constitutionality of recess appointments, and Sarah offers a ... controversial take on the Matt Gaetz pick. The Agenda: —Tale of two Januaries —The Gaetz report —Recess appointments —Justice Scalia on recess appointments —Sarah’s defense of Gaetz Learn more about your ad choices. Visit megaphone.fm/adchoices
Nov 15, 2024•1 hr 12 min•Transcript available on Metacast Sarah sat down with Judge James C. Ho at The Dispatch Summit on November 12 for an in-depth conversation about key legal issues, including the legitimacy of the courts, judicial ethics, and the principles of birthright citizenship. The Agenda: —Cancel culture —Originalism —Elephants in Mouseholes —Court legitimacy —Judicial filibusters —Ethics of gifts —Birthright citizenship —First Amendment —Good judicial qualities Show Notes: —Judge Ho’s letter on cancel culture —Essay No. 1 (1787) —Professor...
Nov 14, 2024•1 hr 10 min•Transcript available on Metacast Sarah and David kick off the podcast with a discussion on the Vacancies Reform Act and its role in the next administration before turning to gender politics and a case related to a broken engagement. The Agenda: —Tennessee transgender rights case set for December —Rules of engagement —Defaming Project Veritas —First Amendment case on gender pronouns Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative ...
Nov 12, 2024•1 hr 1 min•Transcript available on Metacast Following this week’s election, Sarah and David explain what will happen next with the criminal cases against Donald Trump and review potential Supreme Court shortlisters. The Agenda: —Criminal cases against Trump —Civil cases against Trump —Supreme Court nominations —Who will retire? —“Now let him enforce it” —How will the left respond? Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective....
Nov 07, 2024•57 min•Transcript available on Metacast Sarah and David kick off the podcast with (boring?) questions the Supreme Court will seek to answer this term before turning to two very American cases about education, religious schools, and guns. The Agenda: —Last week's AO episode —David Lat, we do this podcast with joy —Questions before SCOTUS —Loffman v. California Department of Education —Hanson v. District of Columbia Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a n...
Nov 05, 2024•1 hr 15 min•Transcript available on Metacast Today’s all about election law. That’s it. Get ready. Pennsylvania, Virginia, Nevada, Michigan, and Mississippi. The Agenda: —We can’t fix stupid, but we can give it a court date —Submit your best lawyer jokes —Subpoena-colada! —Apostrophe-gate —Did the Pennsylvania Supreme Court get it wrong? —Virginia purging voter rolls —RFK Jr. on Michigan ballot —Nevada Supreme Court and postmarks —History of absentee ballots —The Washington Post fiasco —January 6 cases Show Notes: —Supreme Court on purging...
Oct 31, 2024•1 hr 7 min•Transcript available on Metacast Sarah and David discuss the battle over the federal courts and how the upcoming presidential election might affect the circuits’ makeup. The Agenda: —Two visions of the federal courts —The growing conservative legal movement — A SCOTUS justice's Oxford thesis from 1983 —Mapp v. Ohio —Utah v. Strieff —Are petitions to recall public officials unconstitutional? Show Notes: —George W. Bush's first inaugural address Advisory Opinions is a production of The Dispatch, a digital media company covering p...
Oct 29, 2024•1 hr 5 min•Transcript available on Metacast Sarah and David discuss the latest voting trends and break down recent cases related to election law. They overview the legal nuances and explore the implications of potential rulings for the upcoming election. The Agenda: —Anti-absentee voting? —The legality of Elon Musk’s “raffle” —Virginia lawsuit —Texas death penalty case —Electoral College and slavery —Filibuster impact Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a n...
Oct 24, 2024•1 hr•Transcript available on Metacast Sarah and David preview how the 2024 election might play out in the courts. But first, the two revisit their conversation with Leon Neyfakh. The Agenda: —Electoral Count Reform Act —Guardrails to prevent partisan manipulation —Ballot harvesting —File them lawsuits! —History of the Electoral College —Increasing the size of the House —David: I Don’t Want to Live in a Monoculture Show Notes: —Report on University of Michigan DEI programs Advisory Opinions is a production of The Dispatch, a digital ...
Oct 22, 2024•1 hr 9 min•Transcript available on Metacast Sarah and David are joined by Leon Neyfakh—host of Fiasco podcast and co-creator of Slow Burn—to explain what really happened in December of 2000 when the Supreme Court halted the Florida recount. The Agenda: —Butterfly ballots —Dimpled, hanging, and pregnant chads —Independent state legislature theory —Who would’ve won anyway? —Elián González —The Brooks Brothers riot —Was Bush v. Gore cynical? —Two First Amendment updates Show Notes: —Fiasco on Bush v. Gore —A Statistical Assessment of Buchana...
Oct 17, 2024•2 hr 41 min•Transcript available on Metacast Sarah and David break down two cases from the Supreme Court's recent oral arguments and take questions from Columbia Law students. The Agenda: —Can the ATF regulate gun kits? —Is a salad kit a salad? —Death penalty case in Oklahoma —Bad writing from the Oklahoma Supreme Court —Racist Penn professor —Audience Q&A Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Disp...
Oct 15, 2024•1 hr 20 min•Transcript available on Metacast Judge Roy Altman joins Sarah and David at Duke University School of Law. Note: The opinions expressed on this podcast do not represent Duke (who would have thought that anyways?). The trio discuss Altman’s trip to Israel and legal troubles the country has in defending itself. The Agenda: —The intersection of law and military operations —Proportionality as legal principle in armed conflict —How Hamas’ tactics complicate the legal landscape of military operations —Tire chalking! And Fourth Amendme...
Oct 10, 2024•2 hr 33 min•Transcript available on Metacast Live from UNC (we can say that, right? We’re allowed here?), Sarah and David discuss the latest round of Supreme Court cert grants and the case they’re most looking forward to hearing. Oh, and Donald Trump’s immunity comes up. Again. The Agenda: —A Texas nuclear case —DNA test before death row —Mexico sues gun manufacturers —Did a woman lose out on jobs because she's straight? —Needless deadly force? —Elie Honig on Jack Smith's October surprise —David feels bad for eating octopi Advisory Opinion...
Oct 08, 2024•1 hr 14 min•Transcript available on Metacast Kannon Shanmugam, head of Paul-Weiss' Supreme Court practice and friend of the pod, gave a speech recently pushing back against critics who question the judiciary's legitimacy. He joins Sarah and David to discuss the importance of trust in institutions to the rule of law. The full speech follows. The Agenda: —Questioning legitimacy is a team sport —Kanon's speech: revering the court —Good faith ... but wrong —Court packing cycle and term limits —Disagreement galore! (Could it all just be outcome...
Oct 03, 2024•48 min•Transcript available on Metacast Sarah and David highlight four cases from the Supreme Court's 2023-2024 October term and a 5th Circuit case uncovering librarians’ motivations. The Agenda: —Gender affirming care ban: parents’ rights or police state power? —Free Speech Coalition v. Paxton —Psychiatric care and the death penalty —Why do we have a Utah ad? —MUSTE standards —Mayor Eric Adams and gross stuff Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-p...
Oct 01, 2024•1 hr 6 min•Transcript available on Metacast Sarah and David look over the case of Marcellus Williams, whom the state of Missouri executed on Tuesday after he was sentenced to death for the 1998 murder of Felicia Gayle.The Agenda: —Controversial speakers galore —Marcellus Williams case: justice or murder? —A cop and a prosecutor walk into a bar … or rather, this AO episode —Should you join FedSoc? Why are we even asking this question?Show Notes: —World Prison Population List Advisory Opinions is a production of The Dispatch, a digital medi...
Sep 26, 2024•1 hr 18 min•Transcript available on Metacast Notre Dame law professor Sherif Girgis joins Sarah and David to discuss his latest law review article, “Originalism’s Age of Ironies.” But first, the two respond to Rep. Alexandria Ocasio-Cortez’s confusion over international law. The Agenda: —AOC’s questions regarding Israel —What is liquidation? —Living constitutionalism lacks a clear defense in modern discourse. —The role of judges in interpreting law —Asking AI Justices Gorsuch and Kavanaugh questions —Princeton requests corrections Advisory...
Sep 24, 2024•1 hr 14 min•Transcript available on Metacast Sarah and David sparked controversy with their recent speaking event near Princeton University’s campus. The two decide to quell culture war squabbles by discussing ‘Maverick’ Trump-appointed judges. The Agenda: —Sarah and David's Princeton appearance —Intellectual energy on the legal right —Egregious due process decisions —Banning conversion therapy —Should “WAP” by Megan Thee Stallion expel a pharmacy student? Advisory Opinions is a production of The Dispatch, a digital media company covering ...
Sep 19, 2024•1 hr 7 min•Transcript available on Metacast Sarah and David go to Princeton, where they grapple with the attempt of elite universities to remain politically neutral. (Hahaha.) And is there another Supreme Court leak? Really? Also: Where are we on the supposed TikTok ban? The Agenda: —Institutional opinions —TikTok ban at the D.C. circuit —New York Times: How Roberts Shaped Trump’s Supreme Court Winning Streak —The use of AI in law —What’s next for TikTok? —New Title IX regulations —Supreme Court reforms Advisory Opinions is a production o...
Sep 17, 2024•1 hr 13 min•Transcript available on Metacast Adam Feldman of Empirical SCOTUSand Optimized Legal Consulting joins Sarah and David to discuss the concept of a 3-3-3 Supreme Court and the challenges of measuring ideology. The Agenda: —The role of Chief Justice John Roberts —Similarities and differences between political and judicial conservatism —The jurisprudence of Justice Amy Comey Barrett —The prevalence of unanimous decisions Show Notes: —Adam Liptak's writeup in the New York Times —Feldman’s 2023 stat review Advisory Opinions is a prod...
Sep 12, 2024•1 hr 2 min•Transcript available on Metacast Sarah and David discuss the recent school shooting in Georgia, which is raising questions about parental responsibility and the limits of legal liability. The Agenda: —Georgia school shooting —6th Circuit punts campaign finance question to Supreme Court —Body cam footage hasn't done everything we wanted it to —Debating the scope of the Second Amendment Show Notes: —Buckley v. Valeo —McConnell v. FEC —Cruz v. FEC Advisory Opinions is a production of The Dispatch, a digital media company covering ...
Sep 10, 2024•1 hr 14 min•Transcript available on Metacast Sarah details life under a wicked curse and David defends his position in The Dispatch's fantasy football league. Oh, and today's legal theme for the podcast is the First Amendment. The Agenda: —Role of public defenders —Criminal justice reform —Horrific TikTok algorithms and Section 230 —Gray areas of Section 230 —The back and forth with Sarah Palin's defamation case —Should the dues from the Oregon Bar Association go toward anti-Trump op-eds? Show Notes: —Last Tuesday's Advisory Opinions episo...
Sep 05, 2024•1 hr 8 min•Transcript available on Metacast Sarah and David break down the latest update in Jack Smith’s January 6 case against Donald Trump before speaking with Yuval Levin about his book, American Covenant: How the Constitution Unified Our Nation―and Could Again. The Agenda: —Jack Smith’s superseding indictment —Not thinking alike but acting together —Federalist No. 10 —Underestimating how unified we are —Proceduralism is not amoral —Restringing narrow majorities —Congress, do your job —The federalism solution —Supreme Court reforms —Re...
Aug 29, 2024•1 hr 21 min•Transcript available on Metacast Sarah and David catch up on the latest case in Second Amendment jurisprudence before talking with Matt Martens about his new book, Reforming Criminal Justice: A Christian Proposal. \The Agenda: —Matt’s faith —The prosecutor-to-defense-attorney pipeline —The plea bargaining system —The issues with eye-witness testimony —Brady violations —Should prosecutors have absolute immunity? —Racial discrimination in the justice system —Defending people we don’t like Show Notes: —United States v. Williams Ad...
Aug 27, 2024•1 hr 16 min•Transcript available on Metacast David Lat joins Sarah and David to break down recent Supreme Court trends and discuss Lat’s legal fiction novel, Supreme Ambitions. The Agenda: —Is the shadow docket problem solved? —Supreme Court approval rating —Stabilizing the Supreme Court —Lat’s pick for most interesting justice —Who will win the text, history, and tradition fight? —Advice for law students —Lat’s book, Supreme Ambitions —Stranger than legal fiction —Male authors writing female protagonists —Lat’s favorite legal writing —The...
Aug 22, 2024•1 hr 8 min•Transcript available on Metacast Writing with quill pens, quartering Secret Service agents, and shooting 18th-century guns. A.J. Jacobs joins Sarah and David to discuss his book, It's All Relative: Adventures Up and Down the World's Family, and his experience living by the Constitution. But first, this podcast can’t escape a little bit of legal news, including a shocking decision by the Supreme Court.The Agenda: —SCOTUS blocks Biden’s Title IX Rule —Focusing on culture war, not politics —“Curtilage” and a 9th Circuit ruling —Li...
Aug 20, 2024•1 hr 14 min•Transcript available on Metacast Former White House counsel Bob Bauer joins Sarah Isgur and David French to talk about his new book, The Unraveling: Reflections on Politics Without Ethics and Democracy in Crisis. They also discuss the role of a presidential attorney, whether Special Counsel Robert Hur crossed a line by reporting on President Joe Biden's cognitive decline, and what it was like to prep the president for his fateful debate. The Agenda: —The impact of undergraduate majors on job prospects after law school —Geofenci...
Aug 15, 2024•2 hr 35 min•Transcript available on Metacast In this three-guest special episode (wait, does David count as one? Are we still doing that?), Noah Phillips, former Federal Trade Commission commissioner and co-chair of the antitrust practice at Cravath, joins Sarah and David to discuss the reality of antitrust law. Then, John Inazu, the Sally D. Danforth Distinguished Professor of Law and Religion at Washington University in St. Louis, joins to discuss his book Learning to Disagree: The Surprising Path to Navigating Differences with Empathy a...
Aug 13, 2024•2 hr 34 min•Transcript available on Metacast Our August-themed legal book discussion is postponed for one episode, but don’t fret: There’s more than enough legal news to fill a show, thanks to gun rights and antitrust cases. The Agenda: —Maryland’s assault weapons ban is constitutional —Text, history, and tradition as … rational basis review? Or something. —Original jurisdiction and Missouri’s attempt to put forth a stupid case —Is Google the best search engine? —Boycotts vs. price fixing Show Notes: —Learning to Disagree by John Inazu Adv...
Aug 08, 2024•59 min•Transcript available on Metacast Sarah and David kick off the Advisory Opinions August book series and invite Professor Keith Whittington on the pod to discuss his new book You Can't Teach That!: The Battle over University Classrooms. But first the two dig into David’s conversation with Justice Neil Gorsuch. The Agenda: —Justice Gorsuch: Go to law school. —Defining originalism —The Supreme Court children’s book —The history of academic freedom —The government speech doctrine —Balancing academic freedom with job responsibilities...
Aug 06, 2024•1 hr 21 min•Transcript available on Metacast 
