Advisory Opinions

On today’s podcast, David and Sarah talk to Erin Busby, Supreme Court co-counsel for John Ramirez in a critical death penalty religious liberty case. They walk through oral arguments and discuss the mysterious "silent justice." Then David and Sarah talk billboards. Yes, billboards. And they wrap with a discussion of misconceptions of self-defense and the Kyle Rittenhouse case. Show Notes: -Ramirez v. Collier oral argument -City of Austin, Texas v. Reagan National Advertising of Texas Inc. oral argument Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah briefly preview key Supreme Court arguments before diving into the 5th Circuit's stay of the new Biden administration vaccine regulations, discuss the role of race in jury challenges (with an emphasis on jury selection in the Ahmaud Arbery murder case in Georgia), and finish with the latest developments in John Durham's investigation of the Trump-Russia investigation, complete with thoughts on the infamous Steele dossier. Show Notes: -5th Circuit blocks OSHA's vaccine mandate -The Dispatch: “A Vigilante Killing in Georgia” -National Review: “The Unwritten Law That Helps Bad Cops Go Free” -National Review: “The Steele Dossier, Hillary Clinton’s Malignant Gift to America” -National Review: “Shame on Buzzfeed” Learn more about your ad choices. Visit megaphone.fm/adchoices

On today's episode, David and Sarah are on the road at the Howard H. Baker Jr. Center for Public Policy on the campus of the University of Tennessee. Before a live audience they discuss Supreme Court oral arguments in New York State Rifle and Pistol Association v. Bruen, a case challenging a New York law that places strict limits on carrying guns outside the home. Plus, David and Sarah share more thoughts on the Texas abortion law case before the Court, and they take audience questions. Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s episode, David and Sarah react to the oral arguments in the Texas abortion law cases. The Supreme Court heard three hours of arguments in two different cases and from four different advocates. But after all of it, Sarah and David agree: it’s a mess…and it still doesn’t have anything to do with Roe v. Wade. They also discuss the latest grants, denials, and opinions coming down from the Court. Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s show, it's a battle of Generation X versus millennials versus Generation Z as Sarah and David shout, "You kids get off my lawn!" But before the cultural rant, they explore parental rights in public schools, discuss the mixture of church and politics, and talk about the Kyle Rittenhouse case and the law of self-defense. Then, and only then, does Sarah lament "kids these days." Show Notes: -TMD on ‘gain of function’ research -NPR “The Johnson Amendment In 5 Questions And Answers” -French Press “When the State Kinda Sorta Parents Your Child” -Andrew Fleischman Twitter thread on the Rittenhouse case -New York Times “The 37-Year-Olds Are Afraid of the 23-Year-Olds Who Work for Them” Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s episode, David and Sarah celebrate the Supreme Court finally bending to their will and then preview the upcoming oral arguments regarding SB 8, the Texas abortion law. They then move on to a discussion of a wild case involving videotaping police, highlight Liberty University's problems with sexual assault, and then wonder whether an important free speech case is dead or just "mostly dead." Show Notes: -United States v. Texas -SCOTUSblog on oral arguments in the Texas abortion law case -303 Creative v. Elenis -Kristen Waggoner letter -ProPublica “The Liberty Way” -Sarah’s piece in Politico Learn more about your ad choices. Visit megaphone.fm/adchoices

It’s weeping and gnashing of teeth for David in today's podcast as the Supreme Court deals a devastating blow to his dreams of abolishing qualified immunity. But Sarah saves the AO crew from despair by conducting another Supreme Court symphony regarding the Biden commission. Come for the despair, stay for the analysis, and relish a deep dive into Supreme Court reform. Show Notes: -Supreme Court order list -Presidential Commission on SCOTUS Learn more about your ad choices. Visit megaphone.fm/adchoices

What do court packers have in common with Hugo Chavez? Take a listen to this action-packed pod to find out. Sarah conducts a symphony of Supreme Court commission analysis, including guiding a walk through American legal history to explain the commission’s surprisingly conservative comments. David discusses the legal issues roiling the nation’s most controversial school district. Show Notes: -Presidential Commission on SCOTUS Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s episode, we get a Supreme Court update from Sarah and not one but two entire Ted Talks from David. They cover a very obscure (yet interesting!) constitutional case, and then discuss two viral stories--one involving an elementary school and juvenile justice system in Tennessee, the other involving an absurd act of unfairness at Yale Law School. Our hosts talk poverty and privilege in the same pod. Oh, and Sarah winds it all up with a discussion of laches and estoppel that you don't want to miss. Show Notes: -ProPublica “Black Children Were Jailed for a Crime That Doesn’t Exist. Almost Nothing Happened to the Adults in Charge.” -Washington Free Beacon “A Yale Law Student Sent a Lighthearted Email Inviting Classmates to His ‘Trap House.’ The School Is Now Calling Him To Account.” Learn more about your ad choices. Visit megaphone.fm/adchoices

It's executive privilege day on Advisory Opinions! After a brief update on the Texas abortion litigation, David and Sarah "dive right in" to a discussion of the January 6 commission subpoenas and the power of Donald Trump to use executive privilege to block testimony. Our hosts also talk about how "parents and pals" help debunk a Brett Kavanaugh conspiracy theory. And they wind up with a crazy clemency case that's likely to leave a man in prison because a Donald Trump sentence was just too ambiguous. Show Notes: -5th Circuit abortion ruling -POGO “The Limits of Executive Privilege” -Nixon v. Administrator of General Services -Harvard Law “Can Donald Trump still assert executive privilege?” -2007 OLC memo -Don McGahn opinion -Mother Jones “Here’s the Truth About Brett Kavanaugh’s Finances” Learn more about your ad choices. Visit megaphone.fm/adchoices