Advisory Opinions

David and Sarah start with a short talk about Elon Musk and his quest to buy Twitter, then talk about a fascinating 6th Circuit concurrence that's the best two-page explainer of nationwide injunctions that's available anywhere, and they wind up with an extended discussion of library book bans, and how to judge what's best for kids. Show Notes:-House passes bill to honor Sandra Day O'Connor and Ruth Bader Ginsburg-Arizona, et al. v. Biden, et al.-PEN America: “Banned in the USA: Rising School Book Bans Threaten Free Expression and Students’ First Amendment Rights” Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David address the very interesting announcement that Elon Musk won’t be joining Twitter’s board, including the clues about the reason that are not-so-hidden in Twitter’s announcement. They also discuss the acquittals in the alleged kidnapping plot of Michigan Gov. Gretchen Whitmer, and they talk to Catholic University law professor Joel Alicea about his new law review article, “The Moral Authority of Original Meaning.” Sarah ends the podcast with an interesting question. Show Notes:-Joel Alicea: “The Moral Authority of Original Meaning”-“Why We Are Restless: On the Modern Quest for Contentment” by Benjamin Storey and Jenna Silber Storey Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah talk about a fascinating Supreme Court case that no one is discussing, unleash again on Yale Law School, and then spend the last few minutes on Sarah’s game show idea—a revolutionary combination of social science and dating advice. Plus, book recommendations! Show Notes:-Louisiana v. American Rivers-Thompson v. Clark-“Rethinking Sex: A Provocation” by Christine Emba-David in The Atlantic: “Consent Was Never Enough”-Christine Emba: “Consent is not enough. We need a new sexual ethic.”-“Powers and Thrones: A New History of the Middle Ages” by Dan Jones Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah have much to discuss in today's podcast. They walk through a troubling 4th Circuit decision on race-motivated changes to a Virginia school's admissions policy, discuss a huge defamation verdict against Oberlin College, dive into the Disney wars in Florida, and finish with a quick (fake) legal battle over the titanic Duke/UNC clash at the Final Four. Show Notes:-Coalition for TJ v. Fairfax County School Board-Gibson's Bakery v. Oberlin College-UNC law students got results Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah dive back into the free speech controversy at Yale and parse the difference between a statement being “disappointing,” “so disappointing,” and “bonkers town disappointing.” Then they talk about whether Trump committed a crime when he demanded that Mike Pence follow John Eastman’s legal advice. They end with a bit of fragrant Supreme Court potpourri that smells slightly like bacon. Show Notes:-A Message From Dean Gerken on the March 10 Protest-Eastman v. Thompson-Berger v. North Carolina State Conference of the NAACP-Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith-National Pork Producers Council v. Ross Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah welcome a special guest, Seth Kretzer, the lawyer who argued and won Ramirez v. Collier, the Supreme Court term’s biggest religious liberty case (so far). Sarah and David also talk about Ginni Thomas’s texts, vaccines at the Supreme Court (again), free speech, and Will Smith. Show Notes:-David in The Atlantic: “The Worst Ginni Thomas Text Wasn’t From Ginni Thomas”-Houston Community College System v. Wilson-Ramirez v. Collier Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah discuss Ketanji Brown Jackson’s Supreme Court confirmation hearings and a disruption at Yale Law School. They drill down on claims that Judge Jackson is soft on child porn crimes and amplify their objection to both intolerant students and cowardly administrators. Throughout the podcast, a courageous Sarah fights through COVID to podcast in the face of adversity. Show Notes:-The Dispatch: “Ketanji Brown Jackson Weathers a Marathon Day Two”-National Review: “Senator Hawley’s Disingenuous Attack against Judge Jackson’s Record on Child Pornography”-National Review: “Ho-Hum: The Cases Senator Hawley Cites Show Judge Jackson Is an Unremarkable Sentencer in Child-Porn Cases”-Washington Post: “Josh Hawley’s misleading attack on Judge Jackson’s sentencing of child-porn offenders”-Original Jurisdiction: “Free Speech At Yale Law School: One Progressive's Perspective” Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah discuss red state crime rates versus blue state crime rates, environmental law as a vehicle for rescuing the American constitutional structure, why senators make better presidential candidates than they used to, and the evolutionary psychology behind bad gamer behavior. Show Notes:-Axios: Dem group points to "Red State Murder Problem"-Massachusetts v. Environmental Protection Agency-SCOTUSblog: Greenhouse gases and “major questions”: Justices to hear argument on EPA’s power to tackle climate change Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah hit a ton of topics in today’s podcast, but with an emphasis on state law, including some terribly drafted state laws. They start with the latest on that abortion law in Texas, move on to an abortion law in Missouri, and then discuss the avalanche of misleading commentary about Florida’s so-called “don’t say gay” law (including how "don't say gay" is itself misleading). They wind up talking about teachers' free speech rights, pronouns, and critical race theory. Show Notes:-Baby Got Brief lyrics-New York Times: “Most Women Denied Abortions by Texas Law Got Them Another Way”-National Review: “The New York Times Misleads on Texas Abortion Trends”-New York Times: “Texas Supreme Court Shuts Down Final Challenge to Abortion Law”-CNN: “A Kansas teacher is suing school officials for requiring her to address students by their preferred names, saying the policy violates her religious freedom” Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s episode, Sarah and David spend serious time discussing the Supreme Court’s latest voting rights decision, then they launch into their long-awaited, much anticipated analysis of Ketanji Brown Jackson’s “most controversial” opinion (spoiler alert: it’s not that controversial). They end with a chat about free speech on campus and why the culture matters. Show Notes:-Revisiting the History of the Independent State Legislature Doctrine-Eradicating Bush-League Arguments Root and Branch: The Article II Independent-State-Legislature Notion and Related Rubbish-Merrill v. Milligan-Moore v. Harper-Arizona State Legislature v. Arizona Independent Redistricting Comm’n-Rucho v. Common Cause-Make The Road New York v. McAleenan-Make The Road New York v. Wolf Learn more about your ad choices. Visit megaphone.fm/adchoices