Advisory Opinions

Face to face at last, The One And Only Host Sarah Isgur and Untitled Tennessean David French exchange rants about NY prosecutors' untested legal theory for indicting Trump and about Biden's approach to ending emergency law (we believe the technical term is “¯\_(ツ)_/¯”).Also:-Should “sincerity of belief” factor into religious freedom decisions?-The vexing cake speech debate continues!-A judge flunks on the Constitution-Tingley v. Ferguson: Is therapeutic speech… speech?-One Catholic father is cleared by the DOJ-And…why Justice Kavanaugh concurs Learn more about your ad choices. Visit megaphone.fm/adchoices

Have you been feeling too optimistic about the state of free speech recently? Don’t worry! For AO’s 300th episode (!), Sarah and David wade through some of the latest, most migraine-inducing attempts to stomp, quell, restrict, and penalize free inquiry and expression.On the docket:-SCOTUS update.-In Texas, an influencer-slash-journalist brings together right and left in defending free speech against qualified immunity.-California really, really wants to ban “misinformation…” Now, if only it could figure out how to define it…-Hamline University’s getting sued… for religious discrimination?-Reading Hitler’s memoir can get you in trouble at Stanford. Learn more about your ad choices. Visit megaphone.fm/adchoices

Honor, thy name is the Pence staffer who found classified documents and resisted the urge to accidentally let them slip into a shredder. In addition to covering the latest in the Trump-Biden-Pence-Carter documents drama, David and Sarah discuss what’s shaping up to be one of the most egregious cases of spy corruption in American history.Plus:-A Georgia grand jury updates-A headscratcher case of wrongful arrest-Some thoughts on Florida’s crackdown on College Board’s African American Studies AP curriculumShow Notes:Classified documents discovered at home of former VP Mike PenceEx-FBI arrested for alleged money launderingGeorgia election probe report to remain secret for nowDeSantis sparks outrage with rejection of African American studies classThe Dispatch: Academic Freedom for Whom?G-File: Reading, Writing, and... Black Queer Studies? Learn more about your ad choices. Visit megaphone.fm/adchoices

If somebody understands the challenges of appointing special counsels, it's Deputy Attorney General Rod Rosenstein. He joins Advisory Opinions to talk (and reminisce) about DOJ drama. Also: Sarah and David have some tepid SCOTUS updates.Show Notes:-NYT: Investigators Seize More Classified Documents From Biden's Home-The Dispatch Podcast: The Biden Files Learn more about your ad choices. Visit megaphone.fm/adchoices

The Supreme Court saves the day (or at least, this episode) with a slew of last-minute cert grants. A consolidated immigration case; a legal battle between a 93-year-old woman and the state of Minnesota over a foreclosed condo; a search for the line between free speech and death threats; and, for good measure, David lets out a bee that’s been buzzing in his bonnet since law school over a religious accommodations case. Plus: so long sans serif!Show Notes:Pugin v. Garland, Garland v. Cordero-GarciaTyler v. HennepinCounterman v. ColoradoGroff v. DeJoyMcSweeneys: I'm Comic Sans  Learn more about your ad choices. Visit megaphone.fm/adchoices

As they consider the meaning of Robert Hur’s appointment as Special Counsel, Sarah and David cast a wish to the universe that top officials be held accountable for mishandling classified documents (or that they just stop doing that). They also discuss whether collegiality is declining among Supreme Court justices, take the pulse of religious liberty in the law, briefly discuss Fairfax county’s “war on merit” controversy, and offer a simple-to-follow definition of academic freedom.-”Should have no impact”-Steven Mazie on SCOTUS collegiality-The president of Hamline University responds-The latest from Fairfax County-David on the ruling out of Eugene, Oregon Learn more about your ad choices. Visit megaphone.fm/adchoices

Following Sarah's personal tribute to the incomparable Will Consovoy, Sarah and David wade through the news about Biden's mishandling of classified documents and wonder about its implications on the Mar-a-Lago case. Then, David checks in the Georgia grand jury about Trump's alleged election interference, and a Sarah reviews two SCOTUS arguments, one concerning attorney-client privilege and union strikes. Finally, Sarah and David joyfully examine the true value of noncompete clauses.Show Notes:In Memory: Will ConsovoyNYT: Biden Lawyers Find Classified Material At His Former OfficeThe Dispatch: Dueling Documents CaseCNN: Georgia grand jury investigating Trump and 2020 election aftermath completes its workIn re Grand Jury argrument transcriptsGlacier Northwest, Inc. v. International Brotherhood of Teamsters argument transcriptsFTC Proposes Rule To Ban Noncompetes  Learn more about your ad choices. Visit megaphone.fm/adchoices

We got some exquisite First and Second Amendment content for you today. David and Sarah discuss a Fifth Circuit decision to strike down the Trump administration ban on bump stocks. They then discuss whether a teacher has a right to wear a MAGA cap even if it engenders emotional reactions.Show Notes:Fifth Circuit Majority Opinion on Bump Stock bansGorsuch's dissentJudge Elrod's musical talentsSummary from 9th U.S. Circuit Court of Appeals on MAGA hat and free speechNYT: A Lecturer Showed a Painting of the Prophet Muhammad. She Lost Her Job.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this first episode of the new year, Sarah and David bring a smorgasbord of topics to the table. They cut through the confusion in the legal battle over Title 42 and the question of lingering pandemic law. Also: Comedian Jeff Ross makes headlines by unwittingly getting involved in a death penalty case, and the 11th circuit court of appeals hears a heated case involving a Florida school's transgender bathroom ban.Oh and yes... David makes a bittersweet announcement.Show Notes:Supreme Court Ruling over Title 42Texas death row Supreme Court appeal involves Jeff Ross Comedy Central roastU.S. appeals court upholds Florida high school's transgender bathroom banArticle: Supreme Court off to a slow start Learn more about your ad choices. Visit megaphone.fm/adchoices

Vaccine mandates! Title 42 and border policy! Twitter Files updates! Electoral Count Act! “The Imperial Supreme Court”! FedSoc/Sate showdown! Sarah and David are marathoning through topics in the hope of placating the wrathful law gods and preempting a Christmas-time emergency pod. (Knock on wood.)Show Notes:-Adam Liptak’s New York Times piece on the supremacy of the judicial branch-Mark Joseph Stern’s interview with Judge Pryor for Slate Learn more about your ad choices. Visit megaphone.fm/adchoices