Advisory Opinions

With a lot of big Supreme Court decisions on the horizon, David and Sarah discuss an unexpected concurrence from Justice Thomas in Borden v. United States, a case about how broadly the government can define “use of force.” Our hosts also review a decision from the 20th Judicial Circuit of Virginia about a school that suspended a professor for not using students’ preferred pronouns and an announcement that the Texas Bar Association will investigate Ken Paxton for his lawsuit to overturn the 2020 election. Finally, they chat about a controversy at Yale Law School involving the infamous “tiger mom” law professor Amy Chua. Show Notes: -Borden v. United States -20th Circuit of Virginia Ruling on preferred pronouns case -Texas Bar Association investigating Ken Paxton Learn more about your ad choices. Visit megaphone.fm/adchoices

Today on the podcast, our hosts walk us through a bit of Supreme Court drama involving Sonia Sotomayor and some historical revision of a 1987 Supreme Court immigration case. They then dive into last week’s 94-page ruling from a federal judge striking down California’s assault weapons ban, a decision that includes references to COVID vaccines and the Swiss Army knife in its robust defense of gun rights in America. Finally, David and Sarah discuss whether civic education can reduce negative partisanship in America. Show Notes: -United States v. Palomar-Santiago -United States v. Mendoza-Lopez -Sotomayor’s statement on the Draft -California assault weapons ban ruling Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, David and Sarah engage in a riveting discussion about the meaning of the word “so,” specifically in conjunction with the Supreme Court’s ruling in Van Buren v. United States, which deals with the legality of accessing a confidential government database for improper reasons. Our hosts then walk us through a free speech controversy at Stanford Law School involving a local Federalist Society chapter and a parody flyer, including discussing some previously hidden context. Finally, they review the 6th Circuit Court ruling striking down racial considerations for COVID loans. Show Notes: -Van Buren v. United States -“Law student’s graduation in jeopardy as Stanford investigates satirical email lampooning Federalist Society, Sen. Hawley, and Jan. 6 [UPDATED]” by the Foundation for Individual Rights in Education (FIRE) -“Sixth Circuit Enjoins Use of Race and Sex Preferences for Coronavirus Relief Funding” by Jonathan Adler in Reason -Regents of the University of California v. Bakke -Adarand Constructors v. Pena Learn more about your ad choices. Visit megaphone.fm/adchoices

After our hosts catch us up on the latest goings on at the Supreme Court, Sarah tells about another copyright case involving none other than the great Andy Warhol. Plus, David and Sarah chat about the legality of former National Security Adviser Michael Flynn’s call for a coup, an updated indictment involving the Oath Keepers and their January 6 activities, a lawsuit against Florida’s Big Tech law, whether public schools should ban critical race theory, whether you should defer law school if you have the chance, and so much more! Show Notes: -Tuesday’s Supreme Court orders -Garland v. Ming Dai -United States v. Cooley -Prince photos -Oath Keepers indictment -Conversation between David and Christopher Rufo moderated by Bari Weiss -“The Sliming of Bari Weiss” by David French in National Review -Netchoice LLC v. Moody Learn more about your ad choices. Visit megaphone.fm/adchoices

We’ve got another action-packed pod for you. On today’s episode, David and Sarah get listeners up to speed on all the latest legal topics, including a case involving a New Jersey pipeline, Georgia’s anti-BDS law, Florida’s new social media law, a case involving transcendental meditation in an Illinois public school system, ongoing congressional negotiations surrounding qualified immunity, and more! Alec Dent and Ryan Brown also join the show to reminisce on their cicada eating experience earlier this week. Show Notes: -PennEast Pipeline Co. v. New Jersey -David’s latest French Press: “The GOP Becomes What it Once Despised” -Miami Herald Pub. Co. v. Tornillo -Separation of Hinduism From Our Schools v. Chicago Public Schools Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s podcast, Sarah and David give their predictions on how the Supreme Court might rule next term in Dobbs v. Jackson Women’s Health Organization, the abortion case challenging a Mississippi law that prohibits most abortions after the 15th week of a woman’s pregnancy. Our hosts also chat about Texas’ new pro-life law, Justice Elena Kagan’s spicy dissent in Edwards v. Vannoy, the Mississippi Supreme Court case they talked about earlier this week, the University of North Carolina board of directors’ decision to block tenure for Nikole Hannah-Jones, and mugshots. Plus, they provide some listener wine pairing recommendations for lead fact-checker Alec Dent’s forthcoming cicada eating experience. Show Notes: -Dobbs v. Jackson Women’s Health Organization -June Medical Services LLC v. Russo -Edwards v. Vannoy Learn more about your ad choices. Visit megaphone.fm/adchoices

The Supreme Court on Monday agreed to hear oral arguments for what will likely turn out to be one of the most intensely followed abortion cases in decades: Dobbs v. Jackson Women’s Health Organization. The case challenges the constitutionality of Mississippi’s Gestational Age Act, a 2018 law that prohibits abortions performed after the 15-week point in a woman’s pregnancy (with limited exceptions). David and Sarah walk us through the likely outcomes of the case and explain how it fits in with the court’s jurisprudence on abortion related questions. Also on today’s podcast, our hosts chat about Caniglia v. Strom, a separate court case involving the Mississippi Supreme Court, the cicada invasion, and more. Show Notes: -June Medical Services LLC v. Russo -Whole Woman’s Health v. Hellerstedt -Dobbs v. Jackson Women’s Health Organization -Caniglia v. Strom Learn more about your ad choices. Visit megaphone.fm/adchoices

Atlantic reporter McKay Coppins joins the show to chat about his latest profile of Brett Kavanaugh, which tracks the Supreme Court justice’s journey from his contentious 2018 Senate confirmation hearings to the bench. After what David calls a “frank exchange of ideas” about the piece, our hosts give us their take on a federal judge’s decision to dismiss the National Rifle Association’s bankruptcy case, the Facebook Oversight Board’s decision to uphold the platform’s ban on Donald Trump, and lower level judicial confirmation hearings. Show Notes: -Coppins’ Atlantic profile of Brett Kavanaugh -Coppins’ Atlantic piece on stockpiling food -David’s National Review piece on the Kavanaugh allegations -David’s Time piece on the Facebook Oversight Board Learn more about your ad choices. Visit megaphone.fm/adchoices

Today, our hosts are thrilled to be joined by Federal Court of Appeals Judge Gregg Costa of the 5th Circuit. In today’s extra-nerdy pod, our esteemed guest gives Sarah and David his expert take on serial clerkships, amicus briefs, nationwide injunctions, and more. Plus, he offers up an inside scoop on how he approaches his judicial philosophy, what he thinks is the proper role for legal advocates in the courtroom, and why “the hardest job [he] ever had was before law school teaching fourth grade.” Show Notes: -Judge Costa’s case against second, third, and fourth clerkships -Sarah’s Politico piece on serial clerkships -Judge Costa’s piece on nationwide injunctions -The Legal Analyst: A Toolkit for Thinking about the Law by Ward Farnsworth Learn more about your ad choices. Visit megaphone.fm/adchoices

The Supreme Court wrapped up oral arguments for the term on Monday, so our hosts brought in an exciting guest to keep the legal nerdery barreling full steam ahead for our listeners. On Thursday’s episode, Sarah is joined by Jonathan Ellis, an assistant to the solicitor general of the United States. Tune in to hear Jonathan chat about what it’s like representing the U.S. government in front of the Supreme Court, how many cases he argues per term, how the solicitor general goes about assigning cases, briefs, and arguments to assistants, and more! Plus, Sarah shares a funny anecdote involving Supreme Court Justice Brett Kavanaugh, a trashcan, and Matt Damon. Show Notes: -Sarah’s piece in Politico on serial clerkships Learn more about your ad choices. Visit megaphone.fm/adchoices