Advisory Opinions

Sarah and David look at the latest Twitter Files revelations, and consider whether they point to First Amendment concerns. They also look at the first case about transgender athletes making its way to the Supreme Court. Sarah then breaks down the grammatical debate happening in the comments section with a closing statement on why she was right, although rather unintentionally.Show Notes:-Philip Hamburger’s Wall St. Journal piece-Title IX-Kevin Stroud talks history of the English language on AO Learn more about your ad choices. Visit megaphone.fm/adchoices

It’s a lighting-round AO! David and Sarah start with updates on the Loudoun County scandals, the travails of Biden’s student loan forgiveness plan, and the sanctioning of Stop the Steal lawyers. They then turn to the least palatable of topics and discuss Section 230 and social media’s liability (or lack thereof) in the spread of child pornography.Show Notes:-Challenges to Biden’s student loan forgiveness reach SCOTUS-The 10th Circuit sanctions Stop the Steal lawyers-Reason’s Elizabeth Nolan Brown on Twitter, sex trafficking, and Section 230-David on Serena Fleites v. MindGeek-David on America’s child pornography crisis-Prince William and Kate’s Christmas photo Learn more about your ad choices. Visit megaphone.fm/adchoices

Oral arguments on Biden's immigration (in)action push the Supreme Court to decide on the meaning of "shall," and to wrestle with the upshot of two government branches unwilling to do their jobs. David notices that Loudoun County is gaining national notoriety (again!). Plus: Can legal wins for religious freedom lead to a culture war cool down?Show Notes:-David's Loudoun county aside-David's religious freedom asideProducer note: if you're ready to get serious about your spicy takes... Learn more about your ad choices. Visit megaphone.fm/adchoices

In an all-star hearing, the Supreme Court considers a melange of legal and philosophical arguments concerning the “independent state legislature” doctrine. But first, David and Sarah revisit 303 Creative and debate the Tough (with a capital T) line between law and morality. Also: Should Judge Cannon be impeached?Out of context: “For the record, Sarah, there are Mean Girls in Dune.”Show Notes:-J. Michael Luttig for The Atlantic against the Independent State Legislature doctrine Learn more about your ad choices. Visit megaphone.fm/adchoices

Finally, the Supreme Court hears arguments on Creative 303, the case that asks whether a web designer can refuse to provide her services for a gay wedding. And the hearing was... a mess! Also: The 11th Circuit shuts down the Special Master's review of Mar-a-Lago documents. David and Sarah sum up the ruling as “predictable, even quasi inevitable," while debating whether or not it "dunked" on judge Cannon.Show Notes:-303 Creative Oral Argument Learn more about your ad choices. Visit megaphone.fm/adchoices

The AO marathon continues as David and Sarah catch up on Supreme Court hearings. In this feature-length episode, they explore the line between lobbying and bribery, raise eyebrows at the historicity of the "independent legislature" argument, and debate the extent to which the 303 Creative case is about speech. Also: the Jan. 6 prosecutors may have caught their white whale.Show Notes:-Oath Keepers founder convicted-303 Creative’s oral argument Learn more about your ad choices. Visit megaphone.fm/adchoices

It's censor v. censor, as politicians, academics, and journalists from left to right fight over who gets to block whose free speech. Plus: David and Sarah reconsider their comments about the alleged Alito leak.Show Notes:-Novoa v. Diaz-Villarreal v. Laredo, Texas-Reason Magazine on the stakes of Villarreal’s lawsuit-David’s piece on the meaning of religious freedom Learn more about your ad choices. Visit megaphone.fm/adchoices

As rumors swirl about another Alito leak, David and Sarah examine DC’s corrosive obsession with “access.” They also discuss the DOJ's appointment of a special counsel for the Trump investigations, revisit their discussion of protective orders, and ask whether we should care about law schools pulling out of the US News & World Report. Plus: get your bingo cards ready!Show Notes:-AO Bingo-Lincoln’s Thanksgiving proclamation Learn more about your ad choices. Visit megaphone.fm/adchoices

Haggard and sleep deprived, Sarah and David buckle down for an extra-long episode that covers student loans, court sanctions, gay marriage legislation, more FedSoc speculation, and [deep breath] the founding principles of the United States. Ready thy popcorn.Show Notes:-Sanctioning Trump's lawyers-Codifying gay marriage Learn more about your ad choices. Visit megaphone.fm/adchoices

Things get visceral as David and Sarah discuss Haaland v. Brackeen, the Supreme Court case that may determine who gets to adopt a Native American child. Then, having picked up their dropped jaws, they parse a federal court's ruling that deemed it unconstitutional to prohibit gun ownership based on a history of domestic violence.Plus: Sarah provides some FedSoc gala gossip.Show Notes:-Haaland v. Brackeen-Gabriel Malor, no snark Learn more about your ad choices. Visit megaphone.fm/adchoices