Advisory Opinions

The Supreme Court struck down a New York law that placed strict limits on carrying a gun outside the home, ruling that Americans have a broad right to carry a handgun in public for self-defense. David and Sarah are together in DC, at The Fund for American Studies, to break it all down. Plus, we have a Supreme Court decision dealing with Miranda violations, and questions from law students from around the country. Show Notes:-Vega v. Tekoh-New York State Rifle & Pistol Assn., Inc. v. Bruen Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David breeze through a few Supreme Court opinions released Tuesday to focus on United States v. Taylor, and how Maine is more rural than Alaska (go figure). David points out that Carson v. Makin, which held that Maine’s “nonsectarian” requirement in schools violated the Free Exercise Clause, is yet another victory for religious liberty in the U.S. And finally, a casual discussion of toddler yoga, skirt skepticism, and how to have fun at your job. Show Notes:-United States v. Taylor-Carson v. Makin-Peltier v. Charter Day School-CANarchy Craft Brewery Collective, LLC v. Tex. Alcoholic Beverage Comm’n Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David tackle six rather technical Supreme Court opinions released on Wednesday, including Ysleta del Sur Pueblo v. Texas, involving a Native American tribe. Plus: What does the term “mare’s nest” actually mean? Sarah sheds some historical insight and discusses the primary results in South Carolina and Texas with David. They also briefly cover the Southern Baptist Convention and a recent lawsuit in Florida: Does the right to life trump a religious exemption to have an abortion? Show Notes:-Ysleta del Sur Pueblo v. Texas-The Sweep: The Value of a Trump Endorsement-Guttmacher: Long-Term Decline in US Abortion Reverses Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah give a rundown of two Supreme Court opinions this week: Shinn v. Ramirez and Denezpi v. United States. They discuss an interesting phenomenon called stochastic terrorism as they cover the attempted murder of Supreme Court Justice Brett Kavanaugh. The gun safety legislative package reached bipartisan compromises in the Senate, but will the House be a bigger hurdle? Our hosts think so. Show Notes:-Shinn v. Ramirez-Denezpi v. United States-Strickland v. Washington-AEDPA Act of 1966-French Press: "There Is No Right Person to Hate" Learn more about your ad choices. Visit megaphone.fm/adchoices

Early Wednesday, police arrested an armed man only a block away from Supreme Court Justice Brett Kavanaugh’s home. The man, who was charged with attempted murder, said he wanted to kill Kavanaugh and reportedly was carrying a pistol, a knife, and pepper spray. David and Sarah discuss the dangers of releasing public officials’ personal information online and the darker story behind the false sexual misconduct allegations at Kavanaugh’s 2018 confirmation hearing. They also dive into Justice Clarence Thomas’ opinion in Egbert v. Boule, and tackle questions from the mailbag. Show Notes:-Washington Post: “Man with weapon arrested near Brett Kavanaugh’s home, officials say” -New Yorker: “Senate Democrats investigate a new allegation of sexual misconduct from Brett Kavanaugh’s college years”-Vox: “The rape culture of the 1980s, explained by Sixteen Candles”-Egbert v. Boule-Bivens v. Six Unknown Federal Narcotics Agents-Jason Aldean: “I Use What I Got”-Engblom v. Carey-Harlow v. Fitzgerald Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah breeze past three boring Supreme Court cases before answering listener questions on everything from the Ninth Amendment to hearsay rules and to a brutal discussion of their greatest disappointments. It's a potpourri podcast as a prelude to the avalanche of Supreme Court cases that awaits us all. Show Notes:-Siegel v. Fitzgerald-Gallardo v. Marstiller-Southwest Airlines Co. v. Saxon-Gallup: “Abortion Poised to Be a Bigger Voting Issue Than in Past” Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah cover a wide variety of topics, from the Amber Heard/Johnny Depp verdict, to the acquittal of Michael Sussman on charges of lying to the FBI in a case brought by special counsel John Durham, to a Pennsylvania election law dispute, and of course the Supreme Court’s decision in the Texas social media case. They end with a discussion of a new Gallup poll about abortion rights and a discussion of the many problems of issue polling. Show Notes:-NetChoice, LLC v. Paxton-Sarah in Politico: “What Alito Should Have Written” Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah talk about the Southern Baptist Convention sex abuse scandal, including the role that lawyers play in compounding the injustice of sex abuse in religious institutions. They also talk about an interesting insurrection election eligibility decision in the 4th Circuit and circle back to red flag laws. They also discuss the nature of courage and cowardice under fire. Show Notes:-Southern Baptist Convention sexual abuse report-David in The Atlantic: “The Southern Baptist Horror”-Cawthorn v. Amalfi-French Press: “Pass and Enforce Red Flag Laws. Now.” Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah talk about the terrible school shooting in Texas and explore various gun control proposals, including red flag laws. They also talk about a new Second Amendment case and its potential relationship to the First Amendment. Next up is the Florida social media law regulation. They end with a brief look at a Pennsylvania election law case that could decide the 2022 Republican Senate primary.Please note this episode was taped the evening of the school shooting in Texas. Technical difficulties delayed its release. Show Notes:-French Press: “Pass and Enforce Red Flag Laws. Now.”-USA v. Ignacio Jimenez-Shilon-NetChoice v. Attorney General, State of Florida Learn more about your ad choices. Visit megaphone.fm/adchoices

At long last, David and Sarah address the biggest issue in America today--the state of the Johnny Depp/Amber Heard defamation trial. They also talk about Ted Cruz's Supreme Court win, ask whether the Fifth Circuit destroyed the Securities and Exchange Commission, discuss an interesting case against Alaska Airlines, and end with a bit of legal/political potpourri. Show Notes:-Axios: “America more interested in Depp-Heard trial than abortion”-Patel v. Garland-Federal Election Comm’n v. Ted Cruz-Jarkesy v. SEC Learn more about your ad choices. Visit megaphone.fm/adchoices