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| Title | Pub. Date | Duration | |
|---|---|---|---|
| Free Speech vs. the Algorithm | 05 Sep 2024 | 01:04:55 | |
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.
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| Unity Is Dead, Long Live the Union | 29 Aug 2024 | 01:18:56 | |
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.
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| Progressivism and Eugenics in the Court of Justice Holmes | 30 Jul 2024 | 01:05:02 | |
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.
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| A Different Kind of Impeachment | 14 Sep 2023 | 01:05:11 | |
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
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| Did the Biden Admin Violate the First Amendment? | 12 Sep 2023 | 01:10:49 | |
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
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| Courtroom Cams and Elon's Crusade | 07 Sep 2023 | 01:16:14 | |
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
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| Extraordinary Wits | 31 Aug 2023 | 01:10:44 | |
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
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| Throwing Trump Under the Bus? | 29 Aug 2023 | 01:08:55 | |
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
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| Consistent Standing Doctrines | 24 Aug 2023 | 01:15:41 | |
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
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| Coup de Target | 22 Aug 2023 | 01:14:32 | |
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
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| Frederick Douglass: The Original Originalist | 17 Aug 2023 | 01:14:58 | |
Professor Bradley Rebeiro joins Sarah and David to examine Frederick Douglass and the political theories that influenced his thinking. But, before the interview, the two go through a docket of trending political topics, including:
-DC’s picky protest arrests
-A 96-year-old judge’s continued tenure
-Hunter Biden: Deal or no deal?
-Trump’s Georgia troubles, revisited (already)
Show Notes:
-Bradley Rebeiro, Frederick Douglass and the Original Originalists
-Bradley Rebeiro's profile at BYU
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| Indictment Watch: Georgia on My Mind | 16 Aug 2023 | 01:10:30 | |
A grand jury out of Fulton County, Georgia has brought RICO charges against Donald Trump and 18 co-defendants. Sarah and David explain the 98-page indictment, how it holds up to the others, and Trump's interesting defense strategy. Plus:
-David issues a very important correction
-Will Trump be able to pardon himself?
-Georgia RICO vs. federal RICO
-Will this case stay in Georgia?
-What if Trump wasn't lying?
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| Unsatisfying Obscenity (Doctrines) | 15 Aug 2023 | 01:27:15 | |
First Amendment attorney Ari Cohn joins Advisory Opinions to present the complexity of age restriction policies. But first, Sarah and David update listeners on a barrage of legal activity, including:
-Section 3 of the 14th amendment and the GOP’s saving grace?
-Kansas newspaper suing over police raid
-Hunter Biden’s special counsel (and horrible parenting)
-What can and cannot Trump say?
Show Notes:
-Conservative Case Emerges to Disqualify Trump for Role on Jan. 6
-The Sweep and Force of Section Three
- Listen to the "obscene materials" segment on The Dispatch Podcast
-Jonah's take on XXX content
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| Can Kamala Take the Money … Legally? | 25 Jul 2024 | 00:56:47 | |
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-born citizen” mean?
—Should political parties be state associations for primaries?
—Should faithless electors be bound?
—Campaign finance: restrictions, or no restrictions?
Show Notes:
—LaRouche v. FEC
—Charles Spies’ “Biden Has 100 Million Reasons to Stay In”
—Chiafolo et al. v. Washington
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.
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| Butterfly Knives and Felon Voting Rights | 10 Aug 2023 | 01:35:18 | |
David and a particularly congested Sarah plan to forward this especially packed AO straight to the Supreme Court. Does the Eighth Amendment enshrine a felon's right to vote and do people really think Jews have horns? Plus:
-Trump protective order battle
-Ghost gun regulation
-Southwest Airlines attends religious liberty training
-Butterfly knives and commercial firearm sales
-Ohio ballot initiative
-College football names
-What if Saturn was where our Moon is?
Show notes-
-David's NYT column: I Don’t See a ‘Rogue’ Supreme Court
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| A Digital Fourth Amendment | 08 Aug 2023 | 01:08:04 | |
UC Berkeley law professor Orin Kerr joins David and Sarah to explain how Fourth Amendment jurisprudence applies to a digital age. Do you have an expectation of privacy online? Can terms of services null your right against unreasonable searches and seizures? But first Sarah generously offers David time to rant about certain legal takes surrounding Trump’s most recent indictment. Plus:
-David’s (recent) paintball career
-What is general public use?
-Are pole cameras unconstitutional?
Show notes-
-Section 241 and the First Amendment in the Duke Law Journal
-Professor Kerr’s profile at Berkeley Law
-Professor Kerr's Twitter profile
-Professor Kerr's writing for The Volokh Conspiracy
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| Indictment Watch: A Difficult Case Against Trump | 02 Aug 2023 | 01:08:24 | |
Special counsel Jack Smith brings another round of charges against Donald Trump, this time concerning the former president's attempts to subvert the results of the 2020 election. How does this indictment compare with the previous two? Will prosecutors be able to prove Trump was knowingly lying about the election? Does the indictment change anything for Trump? And is the country ready for this trial? Plus:
-Naming the co-conspirators
-Weighing up the other indictments
-Trump's campaign boost
-An encouraging end note on our justice system
Show Notes:
-The Collision newsletter
-David's column
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| The Alito Burn Book | 01 Aug 2023 | 01:14:33 | |
Justice Samuel "Spicy" Alito returns to the pages of The Wall St. Journal with a flaming-hot interview and Sarah and David are here to unpack it. (And we all thought this is going to be a short pod!) Plus:
-The rise of judicial voters
-Why flying United is bad (according to Hugh Hewitt)
-Who's paying for Trump's legal fees?
Show Notes:
-Alito's interview in the Wall Street Journal
-Original Jurisdiction with David Lat
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| Indictment Watch: Trump's New Charges, Hunter Biden's Plea | 29 Jul 2023 | 00:59:02 | |
Sarah Isgur and David French answer questions around the legal troubles of Donald Trump and Hunter Biden, including:
-Drained swimming pools and deleted documents
-How is Hunter Biden in good standing with the DC Bar?
-David’s 10PM runs
Show Notes:
-"It's Seven Grandkids Mr. President"
-Has the Supreme Court fixed qualified immunity doctrine yet?
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| Awful Qualified Immunity Cases | 27 Jul 2023 | 01:18:08 | |
Three qualified immunity cases are thoroughly analyzed in a particularly depressing AO episode, but first David and Sarah talk through an injunction on asylum seekers some are calling “Trump-Lite”, plus:
-Broken immigration systems
-Say it with me folks, “Congress, do your job.”
-Too much too soon too fast
-Courts not complying with qualified immunity statutes
-Does Congress have better things to show rather than Hunter Biden revenge porn?
-Advice to prospecting law students
-Small town gossip and country songs
-Sarah’s victory lap around Hunter Biden plea deal
-Be nice to the docketing clerks
This episode is sponsored by FIRE. FIRE's mission is to safeguard and uphold the right of all Americans to freedom of speech. Be a part of the front line of a growing movement by joining the FIRE Update.
Show Notes:
-Update: AO still has the best listeners
-Ilya Somin for Reason, "Supreme Court Rules Red"
-David Lat's Original Jurisdiction Substack
-One Billion Americans: The Case for Thinking Bigger
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| Did Alabama Defy the Supreme Court? | 25 Jul 2023 | 01:09:14 | |
It is NOT the doldrums of this podcast. Sarah and David have prepared a sufficiently full pod starting with Trump's looming federal indictment. Also:
-Alabama's creative response to SCOTUS
-Did Alabama defy the ruling?
-New study of college admissions: being rich might be helpful
-Listener questions about the Two Bronze Doors
-We'll see you in a few minutes...
This episode is sponsored by FIRE. FIRE's mission is to safeguard and uphold the right of all Americans to freedom of speech. Be a part of the front line of a growing movement by joining the FIRE Update.
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| Two Bronze Doors | 21 Jul 2023 | 01:18:42 | |
Sarah and David reach peak AO and fulfill their promise of delivering something stratospherically nerdy. Judge Charles Eskridge for the Southern District of Texas has written a 56-page history of the Supreme Court building... and specifically its 17-foot, 13-ton bronze doors. Judge Eskridge tells the story depicted on the door's eight panels and what it says about our history of ordered liberty.
This episode is sponsored by FIRE. FIRE's mission is to safeguard and uphold the right of all Americans to freedom of speech. Be a part of the front line of a growing movement by joining the FIRE Update.
Show Notes:
-“We’ll Be Back” performed by Judge Eskridge and Judge Elrod
-Judge Eskridge’s publications
-Where Judge Eskridge’s Bronze Doors Paper will be published
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| Justice, Justice Thou Shalt Pursue | 18 Jul 2023 | 01:15:13 | |
Amanda Tyler, the Shannon C. Turner Professor of Law at Berkeley, joins Sarah and David for post-SCOTUS term talk. They finally give Mallory v. Norfolk Southern Railway Co. some love, and also:
-General jurisdiction and interstate commerce
-Graphics in opinions
-Habeas Corpus: Is Lincoln the good guy or the bad guy?
-Justice Ruth Bader Ginsburg
-Advisory Opinions spinoff?
-Amanda Tyler's profile at Berkeley
This episode is sponsored by FIRE. FIRE's mission is to safeguard and uphold the right of all Americans to freedom of speech. Be a part of the front line of a growing movement by joining the FIRE Update.
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| AO on K Street | 13 Jul 2023 | 01:19:42 | |
Kannon Shanmugam rejoins Sarah and David for another SCOTUS opinion wrap-up and barbecue showdown for this live taping in front of a lucky audience of summer associates. The trio discuss the implications of SCOTUS cases versus the notoriety of them and:
-Sarah and David’s SCOTUS beefs
-Sarah’s impasse for longer arguments and more cases
-Attire for oral arguments (don’t forget the lucky suspenders)
-A review of Judge Jackson’s first term
-Barbecue and burger debates
-Summer Associate questions
Show Notes:
-Matt Levine for Bloomberg Opinion on Twitter/Musk saga
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| Lobotomizing the DOJ | 18 Jul 2024 | 01:12:06 | |
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 Gawande’s The Checklist Manifesto
—United States v. Nixon
—Advisory Opinions episode on NetChoice v. Moody
—Texas’ H.B. 1181
—Ginsberg v. New York
—The “Angry Cheerleader” case
—Judge Bibas’ Third Circuit opinion on assault weapons
—Federalist Papers No. 83
—The Dispatch’s Project 2025 Fact-Check
—Presumed Innocent
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| Billable Hours by the Millions | 11 Jul 2023 | 01:21:07 | |
Sarah and David catch-up with non-SCOTUS cases starting with...
-A multi-million dollar lawsuit involving Musk's Twitter deal
-A bold move by a judge blocking state actors and social media workers meeting over protected speech
-Tennessee’s latest push in the culture war with a ban on gender-affirming care
-A bullied child, a MAGA hat, and the First Amendment
Show Notes:
-David French for The Dispatch on convincing versus coercion
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| Legal Eagles Travel Log: A Gettysburg Anniversary Special | 06 Jul 2023 | 00:41:50 | |
In this special episode of Advisory Opinions, Sarah follows Judge Alan Norris, a Sixth Circuit judge, on a trip to Gettysburg, Pennsylvania. The Legal Eagles, a group of Judge Norris' colleagues and law clerks, accompany him on an annual trip to relive the bloodiest battle of the Civil War.
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| SCOTUS on Student Loan Forgiveness: Nope | 04 Jul 2023 | 01:21:18 | |
For Advisory Opinions' purposes, the Supreme Court term is over. Sarah and David return to share their end-of-term thoughts and feelings, David's crankiness about the student loan forgiveness commentary, look to the next term and:
-Student loan forgiveness is dead
-D.O.E. v. Brown
-Compelled speech in Colorado
-NYT: I Teach at an Elite College. Here’s a Look Inside the Racial Gaming of Admissions
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| Harvard Loses Affirmative Action Case | 29 Jun 2023 | 01:13:20 | |
In a contentious decision, the Supreme Court shuts down affirmative action in universities... or does it? How impactful, really, is the decision in Students for Fair Admissions v. Harvard? It's complicated. After weeks (months? Years?) of anxious anticipation, Sarah and David dig into this term's blockbuster decision:
-Is this a big deal?
-They justices can't agree about the universe of facts
-Harvard's response
-The arbitrariness of check boxes
-A different kind of affirmative action
-Justice Thomas' concurrence (and legacy)
-Justice Sotomayor's dissent
-...paved with good intentions.
-Wonder Bread Alito
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| Nuking the Independent Legislature Doctrine | 28 Jun 2023 | 01:07:53 | |
As the term rushes to an end, the Supreme Court wades eagerly into a mooted case in order to close the door on the "independent legislature doctrine." But does it matter? David and Sarah disagree. Also:
-Nobody expects the Marbury v Madison citations
-What counts as threats online? (Or: Is recklessness subjective?)
-NYT v Sullivan holds strong
-Supreme Court bingo: The Countdown
-Supreme (court) ignorance
-"You only defend justices Thomas and Alito because they're conservative." Nope.
Show Notes:
-Marquette Law School Poll
-Moore v. Harper
-Counterman v. Colorado
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| Alito's Preemptive Strike (Against ProPublica) | 23 Jun 2023 | 00:50:26 | |
Sarah Isgur and Guest-host David French return from the Advisory Opinions live event for some Supreme Court bingo. Plus:
-Opinion lightning round
-Justice Alito's Op-Ed in the WSJ
-Transgender care for minors at the District Courts
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| Did Hunter Biden Get A Sweetheart Deal...? | 20 Jun 2023 | 00:59:51 | |
Did Hunter Biden receive a sweetheart deal from the DOJ? How are other people treated under similar circumstances? And what’s with DOJ’s timing? In this live recording among the young scholars at American Enterprise Institue, Sarah Isgur and David French ponder these questions and:
-Donald Trump’s “with hunt” versus Biden investigations
-Indictments as instruments of intimidation
-David and Sarah’s favorite dessert
-Mr. Smith Loses
-David’s no opinion of Keetan
-Interesting bankruptcy case
-Fights over ice cream
-Is Justice Gorsuch the greatest champion of Native American sovereignty among the Supreme Court?
-Will Harvard lose?
-Questions from Young Scholars
Show Notes:
-Advisory Opinion's live recording to be published on YouTube Wednesday (Subscribe today)
-Hunter Biden reaches deal to plead guilty in tax, gun case
-Madison Cawthorn Again Brought a Loaded Gun to the Airport, Officials Say
-'Jersey Shore' star Mike 'The Situation' Sorrentino sentenced 8 months on tax evasion charges
-Smith v United States
-Polansky v Executive Health Resources
-Indian Child Welfare Act Case
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| The People's Justice | 16 Jun 2023 | 00:58:13 | |
Judge Amul Thapar joins Sarah to discuss his book: The People’s Justice: Clarence Thomas and the Stories That Define Him. While today's SCOTUS decisions won't be discussed (snoozers!), the two have a lot of ground to cover:
-Odessa Pink perseverance, legal hardships, and keepsakes
-Mary Jane Smoking Hippies
-Is Trump The Most Popular Person in the World Ever?
-AO in Dehli
-Scalia v Thomas
-Legal eagles liking each other?
-Guac offs
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| Indictment Watch: The Cannon Conundrum | 14 Jun 2023 | 00:46:59 | |
Should Judge Cannon recuse herself from the Trump case? What's the legal standard on willful retention of documents? Will the Finding Nemo Seagull defense serve Trump? What about gag orders? Sarah Isgur and David French keep you up to date on the trials and tribulations of Donald J. Trump.
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| Voting Rights in Alabama | 13 Jun 2023 | 01:12:31 | |
Did Alabama violate the Voting Rights Act? How do you pronounce Gingles? And what are the tea leaf predictions for the Harvard discrimination case? Join Sarah and David to answer these questions and:
-Who’s the lucky dog in the Jack Daniels case
-Is Justice Gorsuch overcharging his friends on Venmo?
-What happens when David puts on his woke hat?
-Will there be an emergency pod coming up?
-Who the hell is Mupp?
Show Notes:
-Allen v Milligen
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| INDICTMENT WATCH: Judge Cannon's Bonkers-Adjacent Decision to Dismiss Trump's Case | 16 Jul 2024 | 00:39:08 | |
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?
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| Indictment Watch: Trump Charged in Classified Docs Probe | 10 Jun 2023 | 01:13:50 | |
In an emergency pod, Sarah Isgur and David French review the indictment against Donald Trump which was unsealed on Friday: what is and isn't in the indictment, and how does this case compare with those of Hillary Clinton and Joe Biden.
Show Notes:
-Trump Classified Docs Indictment, Annotated
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| God, Guns, and Trump | 08 Jun 2023 | 01:15:31 | |
After a brief trademark SCOTUS update, Guest Host David French and Perennial Guest David Lat break down the trickiness of vouchers for religious charter schools. Plus:
-Text history and tradition versus strict scrutiny in 2nd Amendment cases
-Top profits for law firm partners
Show Notes:
"Trump too small"
Religious Charters in Oklahoma
Some felons can possess firearms
David Lat’s Substack
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| Lower Your Expectations | 06 Jun 2023 | 01:18:06 | |
SCOTUS refuses to serve up the good stuff with the latest round of opinions released. Sarah and David discuss the chipping away of labor rights and subjective beliefs over violating the False Claims Act. Also on the docket:
-Aliens upon us?
-Whistleblowers in Sarah’s DMs
-Are Diversity Statements illegal?
-Angry cheerleader’s legacy
-Hunter Biden’s messy 2nd amendment issue
-Joe’s Hail Mary campaign throw, according to The Messenger
Show Notes:
-Virginia Tech speech police questioned by skeptical Fourth Circuit
-Angry Cheerleader case
-Advisory Opinions, Angry Cheerleader Gets A Supreme Court Win
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| Excessive Fines and Strange Bedfellows | 31 May 2023 | 01:10:18 | |
With a 9-0 frown, the Supreme Court rejects the EPA's expansive definition of "wetlands." David and Sarah also discuss the growing Jackson-Gorsuch alliance, Ken Paxton's impeachment, and the art of due diligence via ChatGPT.
Show notes-
-Tyler v. Hennepen County
-Sackett v. Environmental Protection Agency
-Eleventh Circuit Prison Case
-David Last Newsletter Original Jurisdiction
-Raffi Melkonian Twitter
-The Appellate Wanderer
-Fifth Circuit First Amendment Case
-Ken Paxton Articles of Impeachment
-ChatGPT Case Filing
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| ISIS and Algorithms | 25 May 2023 | 01:01:44 | |
Sarah and David react as SCOTUS weighs in on social media regulations. Sigh. Also:
-Justice Jackson cutting to the chase
-Patent Act and dad jokes
-Reader Comments
-Judicial side eye for banning platforms for speech
-West Virginia and the abortion pill
-Constitutional rights and admission standards
-Happy Memorial Day weekend
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| Warhol Brings Down the House | 23 May 2023 | 01:07:35 | |
-Ukraine, through the eyes of Mr. French
-The Andy Warhol copyright skirmish
-The Progressive Justice League turns on itself
-Title 42 and civil liberties: The Gorsuch statement
-The future of Justice Jackson
-A Republic of Suffering
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| Waiting for the SCOTUS Hit Parade | 18 May 2023 | 01:17:55 | |
David Lat stands in for Host Emeritus once more to help Sarah catch up on the latest Supreme Court decisions. Too, they take a detour on penmanship.
-Why the justices make us wait
-On Puerto Rico's sovereign immunity and Kagan's stylistic quirk
-Durham Report
-Judge Newman, age, and lifetime tenure
-New law school rankings just dropped
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| SCOTUS to Congress: Do Your Job | 16 May 2023 | 01:15:18 | |
While host emeritus is off for a week on a mysterious mission, David Lat of Original Jurisdiction rejoins Sarah to sift through the latest Supreme Court decisions. On the docket:
-Gettysburg update
-Attempting to answer when individual members of Congress can go to court
-The unsatisfying end to Pork Producers
-Buffalo Billion, New York, and federal wire fraud
-Setting the table for Title 42
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| Trump Found Liable for Sexual Abuse, Defamation | 11 May 2023 | 01:02:08 | |
Sarah returns from her tick-filled trip from Gettysburg to discuss the E. Jean Carroll civil lawsuit against Donald Trump. Also:
-Santos detained
-Sci-fi hot takes
Show Notes:
-David French NYT Column: A Guilty Ex-President
-Subscribe to The Dispatch and watch an exclusive live Remnant with Jonah, Steve Hayes, and Chris Stirewalt
-The Gettysburg Address
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| Perceptions of Violence | 09 May 2023 | 01:04:32 | |
Damon Preston, public advocate for the commonwealth of Kentucky, joins Guest-Host David French to break down the Jordan Neely incident. While some New Yorkers view it as the result of growing violence in New York, others as mere vigilantism... but what are the legal elements? This special one-topic episode will try to make some sense of the available reporting.
Show Notes:
- Subscribe to The Dispatch and watch an exclusive live Remnant with Jonah, Steve Hayes, and Chris Stirewalt
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| The Assassination Attempt | 15 Jul 2024 | 01:01:18 | |
Sarah, Steve, Jonah, and David French discuss the assassination attempt against former President Donald Trump during a Pennsylvania rally over the weekend.
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| Disney Sues DeSantis | 04 May 2023 | 01:05:46 | |
The feud between the governor and the mouse has more nuance and legal curiosities than it might seem at first glance, and David and Sarah are here for it. But also:
-Is the debt ceiling "unconstitutional"?
-History and Tradition revisited (listen to this week's week earlier episode for the full discussion)
-Trigger warning for one of the most gruesome 4th Amendment analysis taken up by the pod.
Out of context: "These people could have been in drawers."
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| Killing Zombies at the Justice Monastery | 02 May 2023 | 01:25:26 | |
A case before the Supreme Court may bring the axe to the long zombified Chevron deference. Sarah and David also take a look at:
-North Carolina’s flip-flops on gerrymandering delaying the inevitable
-A 94-year-old’s legal fight against property seizure gets a hearing
-Is the distinction between History and Tradition a bait and switch?
-Supreme Court Ethics are in the news again... (yikes)
-Q&A from 1L’s
Show Notes:
-In Ruling with Major Political Implications that Potentially Moots U.S. Supreme Court Decision in Moore v. Harper Independent State Legislature Case, North Carolina Supreme Court, on 5-2 Partisan Vote, Holds Partisan Gerrymandering Claims Cannot Be Brought Under State Constitution
-What happens to Moore v. Harper after the latest North Carolina Supreme Court decision in the partisan gerrymandering case?
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| Are You There God? It's Me, The Lemon Test | 27 Apr 2023 | 01:06:58 | |
Is it unconstitutional to push religion in a state that favors religion generally? Two bills in Texas are igniting the debate over the establishment clause and religious coercion. Plus:
-Brother Jesus!
-The angriest bee in Scott Lincicome's bonnet also known as The Jones Act
-E. Jean Carroll's rape case against Trump begins
-Justice Gorsuch in the latest rounds of SCOTUS media hit pieces (edited)
Show Notes:
-Backstory on homeless lawyer's crusade against the 10 Commandments
-Politico's hit piece on Gorsuch
-Critiques of Gorsuch's piece
-The Jones Act Is Unconstitutional
-Texas bill on 10 Commandments
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