Advisory Opinions

The podcast discusses topics like transgender affirming healthcare, discriminatory practices in law firms, a legal case on abortion drug approval, the messy nature of standing doctrine, a Title VII discrimination case, and casual banter about the podcast and male role models.

Debate over whether Trump engaged in insurrection or rebellion. Hunter Biden plea deal update. Removal jurisdiction. Strongest and weakest arguments regarding enforcement of 14th Amendment. Definition of insurrection and its implications. Language of the Constitution and disqualification for holding office. DOJ involvement, whistleblowers' impact, and defense intimidation. Charging federal defendants in state vs federal court. Expressing disgust and frustration at lack of conviction by both Republicans and Democrats.

Bradley Rebeiro, an expert on Frederick Douglass and the Original Originalists, joins Sarah and David to explore Douglass's constitutional thinking, including his blend of textualism and originalism. They discuss the relationship between Douglass and John Brown, Douglass's argument on the slave insurrection clause, and the ongoing debate between compromise and absolutism in American history.

Analyzing Georgia's 98-page indictment and how it differs from others, Trump's defense strategy, potential self-pardon, and the implications of the RICO charges. Exploring the challenges of prosecuting multiple defendants and the differences between Georgia and federal RICO. Discussing Trump's legal strategy regarding election claims and analyzing Fannie Willis' approach to the Georgia election. Examining the structure and contents of the election fraud indictment, proving lying in court, and the powers of state governors.

The podcast discusses various legal topics including age restriction policies, the 14th Amendment, Hunter Biden's special counsel, Trump's speech limitations, and the complexities of obscenity doctrine.

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 Learn more about your ad choices. Visit megaphone.fm/adchoices

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 Learn more about your ad choices. Visit megaphone.fm/adchoices

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 systemShow Notes:-The Collision newsletter-David's column Learn more about your ad choices. Visit megaphone.fm/adchoices

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 Learn more about your ad choices. Visit megaphone.fm/adchoices

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 runsShow Notes:-"It's Seven Grandkids Mr. President"-Has the Supreme Court fixed qualified immunity doctrine yet? Learn more about your ad choices. Visit megaphone.fm/adchoices