Advisory Opinions

The Dispatch
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37 snips
May 7, 2024 • 1h 17min

Originalism v. Common Law

Judge Edmund Sargus from Southern District of Ohio discusses originalism vs. common law, landmark cases like Brown v. Board of Education, interpreting constitutional terms, challenges of textualism, and Judge Andrew Oldham's Fifth Circuit opinion.
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May 2, 2024 • 1h

Tears of Scrutiny

Pornhub protests Texas law requiring age verification for online pornography. Legal battle between site and Texas AG Ken Paxton. Exploring tiers of scrutiny in constitutional law. Understanding Medicare vs Medicaid. Antisemitism Awareness Act of 2023. Challenges of historical context in legal interpretation. Class-action lawsuit against Columbia University for discrimination against Jewish individuals.
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5 snips
Apr 30, 2024 • 1h 32min

Pressing the SCOTUS Panic Button

Topics discussed include presidential immunity, Idaho's abortion ban, time, place, and manner restrictions on college campuses, civil disobedience, and the balance of executive power. The conversation also touches on free speech challenges in universities and the need for self-policing within political groups.
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Apr 26, 2024 • 52min

Indictment Watch: Supreme Court Hears Trump’s Immunity Case

Exploring the Supreme Court case on Trump's immunity, discussing presidential acts, impeachment, and legal implications. Can Trump stage a coup? Analyzing the effect on SCOTUS as an institution and other legal cases. Sarah goes solo in this episode with David's absence.
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Apr 23, 2024 • 1h 21min

Lady Law and Homeless Encampments

Discussion on Supreme Court case about homeless camping, 4th Circuit ruling on transgender athletes, Title VII case, and Biden's Title IX expansion. Legal arguments on homeless necessity defense, mental health impact on women, transgender athlete ban, and DEI challenges. Exploration of Title IX regulations and nostalgia for past technological advancements.
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Apr 18, 2024 • 1h 6min

Retire Universal Injunctions

The podcast covers the Supreme Court, Idaho's law on gender-transition treatment for minors, Clarence Thomas' absence, challenges of broad injunctions, SCOTUS calls to retire universal injunctions, January 6 arguments, SCOTUS declining to intervene in a police lawsuit against a BLM activist, and legal issues in the Iran-Israel conflict.
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Apr 16, 2024 • 1h 9min

The Enormous Powers of the President

Authors Jack Goldsmith and Bob Bauer discuss reforming presidential powers in their book 'After Trump: Reconstructing the Presidency'. Topics include civil disobedience, Insurrection Act reform, bipartisan support for reforms, Trump's use of pardon power, and fear of prosecutions being rigged. They also cover Special counsels, the Logan Act, and the American Law Institute.
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Apr 11, 2024 • 1h 19min

Real Originalism Has Never Been Tried

Exploring jury selection for Trump, origins of originalism, Biden's student loan forgiveness, Warren court influence, judicial ethics, and SCOTUS decisions
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Apr 9, 2024 • 1h 19min

Jack Smith Scolds Judge

Special Counsel Jack Smith challenges Judge Aileen Cannon in Trump's case. Sarah's defamation law musical, Sotomayor's retirement, and Trump's defense counsel. Answering high school students' questions on work-life balance. Discussing Presidential Records Act and New York Times v. Sullivan case.
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Apr 4, 2024 • 1h 14min

The Federalist Society in Peril

Sarah and David discuss challenges facing the Federalist Society, Trump-era jurisprudence costs, judicial filibuster, Peter Navarro's evasion attempt, work-life balance. They touch on cases of retaliation, political targeting, and Mayfield v. Butler, while answering questions about Villareal v. City of Laredo and Justice Breyer's bookshelf.

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