Advisory Opinions – Details, episodes & analysis

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 episode 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 Dispatch’s offerings—including Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 —Reforming Article I 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 Dispatch’s offerings—including Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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, and libertarians —Spoiler alerts for Presumed Innocent Show Notes: —Kelo v. New London —Institute of Justice’s Bound by Oath podcast series —Oliver Wendell Holmes’ The Common Law —Moore v. Dempsey —Buck v. Bell —Albert Alschuler’s Law Without Values —Giles v. Harris —Bailey v. Alabama —Buchanan v. Warley —Skinner v. Oklahoma —Lochner v. New York —Minersville School District v. Gobitis 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 Dispatch’s offerings—including Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

The David and David show looks at Speaker McCarthy's call to open an impeachment inquiry against President Biden. They also break down a big win for the Fellowship of Christian Athletes in Ninth Circuit free speech case. And... -Trump cases update -New Mexico Gov v. the US Constitution Show Notes: -How Trump’s DOJ gave Biden a major assist on impeachment -OLC opinion on House vote for impeachment -Trump Seeks Recusal of Judge in Federal Elections Case -Trump demands recusal by Judge Chutkan -Judge Tells Trump to Use Secure Facility for Secret Evidence -Fellowship of Christian Athletes v. San Jose Unified School District Board -New Mexico’s governor seems to think it’s okay to ignore the Supreme Court Learn more about your ad choices. Visit megaphone.fm/adchoices

It's a grab bag show for David & David: Mark Meadows takes the L in Fulton County, the Fifth Circuit issues an injunction against the Biden administration, and Argentina is forced to make a $16 billion payout. Plus: Vanessa Oterro, founder of the Media Bias Chart, joins the show to drop some data on why you should definitely keep tuning in to Advisory Opinions. Show Notes: -Judge Jones' Ruling in Meadows Case -Poem David French was referencing (probably) -Media Bias chart -Argentina's $16 billion payout Learn more about your ad choices. Visit megaphone.fm/adchoices

Exciting news from host-in-absentia Sarah Isgur. Partisan gerrymandering. Cameras in courts. David French and guest-host David Lat have so much to cover in so little time. Here we go: -New arrivals -Purdue Pharma update -Should the Trump trials be televised? (The Davids disagree) -Wisconsin's judicial elections mess -Alabama's ongoing redistricting wars and systemic racism -Elon Musk goes after the ADL Show notes: -2020 DOJ press release on Purdue Pharma and the Sackler Family -Just Security on Judge Jones's supplemental briefing order -Caplan v. Trump (Section 3 ruling) -Charlie Sykes on the Wisconsin Supreme Court drama -Singleton v. Allen (Alabama Voting Rights Act case) -David Firestone on Alabama Voting Rights Act case -Elon Musk blames ADL for lost revenue (NBC) -Musk blames Latham for San Francisco’s problems. Huh? (Reuters) -David French's NYT column on Texas age-verification law -AO episode featuring Ari Cohn on age-verification laws -Video version of this episode Learn more about your ad choices. Visit megaphone.fm/adchoices

After David Lat is publicly inducted into the AO family by undergoing a fan-based correction, he and David French run through an eclectic mic of legal topics, starting with an update on a heated chess lawsuit. Join the two as they discuss: -Chess settlesment -Mark Meadows’ risky testimony -Amy Coney Barrett’s not so news-worthy comments -Trump’s trial date conundrum -Hardball playing out at the North Carolina Supreme Court -Sackler family’s unpopular bankruptcy appeal via Purdue Pharma Show Notes: -Past AO episode on chess lawsuit Learn more about your ad choices. Visit megaphone.fm/adchoices

The DnD show begins as David Lat returns to co-guest host in Sarah's absence. David and David discuss a strange First Amendment case out of the Fifth Circuit involving terrorism and COVID zombies, and: -Jan. 6 fake electors case -Non-delegation at the Sixth Circuit -Some drama with Big Law -Breaking News: Trump court date set Show notes: Georgia amicus brief opposing removal Bailey v. Iles (Fifth Circuit free-speech case) Allstates Refractory Contractors v. Su (Sixth Circuit nondelegation case) Chris Geidner on Allstates Jonathan Adler on stare decisis MoFo complaint Perkins Coie complaint Learn more about your ad choices. Visit megaphone.fm/adchoices

Will there be a legal and cultural consensus on transgender affirming healthcare? Why don’t female deputies get a full weekend in Dallas County? And what will Sarah’s baby’s name be? Sarah and David explore these questions and a smorgasbord of legal topics in a end of summer circuit round-up, including: -Merit based and race neutral admissions process in Fairfax County -Law firms discriminating on basis of race -Fifth Circuit apocalypse case on mifepristone -Standing doctrine mess -9th circuit limiting transgender people’s participation in sports -11th circuit case on transgender medical care for minors Show Notes: -Flagship Podcast Merch -Sarah and David's Book Club episode -Snail Darter Learn more about your ad choices. Visit megaphone.fm/adchoices

Can Donald Trump be disqualified from holding public office? Sarah and David host a friendly debate with Michael McConnell, a former circuit judge and current Stanford law professor, over whether Donald Trump “engaged in insurrection or rebellion” or not. Also: -Hunter Biden plea deal update -Removal jurisdiction Show notes- -Prof. Michael McConnell, Responding About the Fourteenth Amendment, "Insurrection," and Trump -The Sweep and Force of Section Three -David's NYT equivalent of a double bird -NYT: Inside the Hunter Biden Plea Deal Learn more about your ad choices. Visit megaphone.fm/adchoices