Advisory Opinions

Yes, David and Sarah share their post-election thoughts (including the Trump question), but they also talk some law! From Judge James Ho (the scourge of Yale Law School) nudging SCOTUS to recognize an unenumerated right to make a living, to New York state’s gun laws hitting a wall in court… the takes are a-flowing. But none more shocking than David’s all-time top two songs.Plus: David ruefully performs a post-mortem to his midterm pre-mortem. Learn more about your ad choices. Visit megaphone.fm/adchoices

On today's combative pod, David and Sarah revisit the Stacey Abrams lawsuits and check in on the state of election laws. They then turn to the question of expressive activity and whether a state can force a beauty pageant to include transgender contestants. They conclude with an examination of Washington state's approach to "unconscious bias" in trials.Plus: the duo offers a few pronunciation meae culpae.Show Notes:-David on Stacey Abrams’ election challenges-Green v. Miss United States of America-Henderson v. Thompson-Scientific American on the problems with “implicit bias” Learn more about your ad choices. Visit megaphone.fm/adchoices

Time to talk about Harvard. Returning to the affirmative action debate, David and Sarah consider the differences between UNC and Harvard, unpack the justices’ questions and comments, and ask what kind of diversity Harvard hopes to promote, if at all. They also discuss the preemptive backlash to Justice Amy Coney Barrett’s upcoming book, and the attack on Paul Pelosi.Show Notes:-Court filing detailing the break in to Nancy Pelosi's house. Learn more about your ad choices. Visit megaphone.fm/adchoices

Two universities defended their admissions process before the Supreme Court on Monday. Starting with the University of North Carolina (with a Harvard tease), David and Sarah grapple with – and at times disagree about – the difficult questions at the heart of the hearing: how should we understand diversity? Is seeking justice for centuries of slavery and discrimination compatible with race neutrality? Who should bear the brunt of righting a historic wrong? Learn more about your ad choices. Visit megaphone.fm/adchoices

Yes, David and Sarah will be teasing their initial thoughts on the Harvard case and the likelihood of the Supreme Court changing the game on affirmative action... but only after checking in on the real legal scandal currently gripping the nation: cheating allegations in the chess world.Show Notes:-Grutter v. Bollinger Learn more about your ad choices. Visit megaphone.fm/adchoices

Scandal of scandals! Things get weird after a 19-year-old grandmaster is accused of cheating in a chess tournament against a world champion and David and Sarah are here for it. Plus: Let’s talk CFPB funding and a court decision that gets a direct ticket to SCOTUS.Out of context: “a limited public figure for the purposes of Donkey Kong.” Learn more about your ad choices. Visit megaphone.fm/adchoices

In today’s packed episode, David and Sarah check in on the Durham investigation after recent failures to reach convictions. They then turn to updates on the special master and the Mar-a-Lago case, and on the growing list of challenges (of varying quality) to Biden’s loan forgiveness plan. Not enough? They conclude with an overview of the Texas Pete Hot Sauce lawsuit.-Texas Pete lawsuit Learn more about your ad choices. Visit megaphone.fm/adchoices

What options does the former president (and his legal team) have in response to the subpoena? Did Judge Ho’s response to critics mollify Sarah’s concerns? And what does Clarence Thomas think about Prince? Plus: how early should you get in line for a chance at attending a Supreme Court hearing?-Andy Warhol Foundation v. Lynn Goldsmith-Judge Ho’s speech on Cancel Culture Learn more about your ad choices. Visit megaphone.fm/adchoices

In an episode dedicated to our pig friends, Sarah and David are joined by two guests from The Humane Society of the United States: Vice President for Farm Animal Protection Josh Balk and Chief Counsel Jonathan Lovvorn. Josh offers insight into the fight against animal cruelty and Jonathan, who chaired a defense of California’s pig farming regulations before the Supreme Court this Wednesday, discusses whether the courts can (and should) resolve moral questions.Show Notes:-National Pork Producers v. Karen Ross Learn more about your ad choices. Visit megaphone.fm/adchoices

Recording live at George Mason University, David and Sarah open with a critical WAP correction to last week’s show, followed by updates on The Onion amicus brief and the never-ending Yale drama. Plus: Amy Coney Barrett takes on Common Good Constitutionalism and the Fifth Circuit decides a “zero-pence case” on religious coercion.Show Notes:-Fifth Circuit decision on Freedom From Religion v. Wayne Mack Learn more about your ad choices. Visit megaphone.fm/adchoices