Advisory Opinions

Today’s episode is the jackpot for Supreme Court bingo players, as our hosts play a guessing game as to which justices will write some of the court’s most anticipated forthcoming opinions. Also on today’s episode, David and Sarah chat about two cases involving racial classification in the dispensation of government relief to “socially disadvantaged” farmers and ranchers, and debate which Supreme Court cases AP U.S. history students should be required to commit to memory. Plus, Sarah shares a fun story about her experience camping outside of the Supreme Court building to hear oral arguments for D.C. v. Heller. Show Notes: -Fulton v. City of Philadelphia -Ferris v. United States -Trump v. Hawaii Learn more about your ad choices. Visit megaphone.fm/adchoices

After reflecting on The Dispatch’s interview with former President George W. Bush this week, David and Sarah discuss Justice Stephen Breyer’s controversial pronunciation of the word “amicus,” Justice Brett Kavanaugh’s Second Amendment jurisprudence, and Justice Neil Gorsuch’s majority opinion in Niz-Chavez v. Garland, Attorney General. Stay tuned to hear our hosts chat about Supreme Court oral arguments for a First Amendment lawsuit involving a high school cheerleader. Show Notes: -Out of Many, One: Portraits of America's Immigrants by George W. Bush -George W. Bush Paints E Pluribus Unum on the Dispatch Podcast -“When a Justice Needs a Friend” by William Safire in the New York Times -Heller v. District of Columbia -Niz-Chavez v. Garland, Attorney General -Mahanoy Area School District v. B.L. Supreme Court oral arguments -Tinker v. Des Moines Independent Community School District -Morse v. Frederick -French Press: “How an Angry Cheerleader Could Help Cancel Cancel Culture” by David French in The Dispatch -Harper v. Poway Unified School District -Dariano v. Morgan Hill Unified School District -Saxe v. State College Area School District Learn more about your ad choices. Visit megaphone.fm/adchoices

Buckle up, AO fans. There is a lot to cover on the Supreme Court front and David and Sarah talk about all of it on today’s episode. It starts with a definitive breakdown of the new Supreme Court portrait, then goes from a case that the Supreme Court will hear regarding the Second Amendment, to a case having to do with Guantanamo Bay, ending with the big First Amendment case being argued today. Plus, Sarah and David discuss the Netflix documentary about the college admissions scandal, Operation Varsity Blues, and why it’s damaging to tell kids that what college they attend is the most important factor in determining their success. Show Notes: -New SCOTUS Portrait -Chief Justice Roberts talking to Justice Kagan Portrait -Jones v. Mississippi case -Texas v. California case -New York State Rifle & Pistol Association Inc. v. Corlett -SCOTUSblog page on Guantanamo Bay case -SCOTUSblog page on Houston Community College System v. Wilson -SCOTUSblog page on Americans for Prosperity Foundation v. Bonta -Americans for Prosperity Foundation v. Bonta oral arguments -Operation Varsity Blues on Netflix -Sarah’s favorite Onion article Learn more about your ad choices. Visit megaphone.fm/adchoices

Today, David and Sarah give us their reactions to the Derek Chauvin trial verdict, talk about potential issues on appeal, and break down Minnesota state law on the competency of a juror as a witness. Also on today’s episode, our hosts chat about an interesting court filing involving Texas Attorney General Ken Paxton and a talk about whether the law can or should protect employees from political discrimination. Show Notes: -Last week’s Advisory Opinions episode on the ins and outs of the Chauvin trial -Minnesota 606(b) Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s episode, Sarah and David walk us through Monday’s Supreme Court orders and oral arguments before diving back into the mailbag, where they respond to listeners’ questions about expert witnesses, sanctuary cities, vaccine passports, and immunity grants. Plus, David revises and extends his Friday Dispatch Podcast thesis on culture’s distortion of masculinity. Show Notes: -Monday’s Supreme Court orders -Sanchez v. Mayorkas -Hemphill v. New York -Jacobson v. Massachusetts -Friday’s Dispatch Podcast episode Learn more about your ad choices. Visit megaphone.fm/adchoices

On today’s episode, David and Sarah discuss the ins and outs of Derek Chauvin’s murder trial, including why Chauvin didn’t take the stand and whether he’s likely to be convicted. Plus, our hosts chat about House Democrats’ latest court-packing bill—what Sarah calls “a press release in the form of legislation”—former Brooklyn Center police officer Kim Potter’s fatal shooting of Daunte Wright, and an en banc 6th Circuit case involving abortion. Show Notes: -“Chauvin Defense Expert Destroyed on the Stand” by Andrew McCarthy in National Review -Pre-Term Cleveland v. McCloud Learn more about your ad choices. Visit megaphone.fm/adchoices

Fearing that death or disability will remove Justice Stephen Breyer from the Supreme Court when a Republican is in the White House, progressives have begun urging the senior Democratic appointed justice to retire so that Joe Biden can nominate a younger successor while he has a chance. Is Justice Breyer likely to retire anytime soon? David Lat joins today’s show to give us his take. Stick around to hear David Lat and our hosts chat about Biden’s 36-person Supreme Court commission, a new opinion involving California pandemic law, Google v. Oracle, and lawful orders from police officers. Show Notes: -David Lat’s Substack: Original Jurisdiction, and novel: Supreme Ambitions -David Lat’s posts on Breyer: “Will Justice Breyer Retire? Reading The Clerk Hiring Tea Leaves” and “Confession Of Error: Justice Breyer Is Hired Up For October Term 2021” -Ritesh Tandon v. Gavin Newsom -Fraternal Order of Police, Newark Lodge No. 12 v. City of Newark -Campbell v. Acuff-Rose Music, Inc. -Orin Kerr’s Twitter thread on lawful orders and Pennsylvania v Mimms -“A Tale of Two Rap Songs” by David French in The Dispatch Learn more about your ad choices. Visit megaphone.fm/adchoices

Our hosts start today’s episode by diving into the Supreme Court’s 6-2 opinion in Google v. Oracle, a multibillion dollar copyright case involving whether Google unlawfully used Oracle’s programming code when the tech titan created its Android operating system. Also on today’s podcast, Sarah and David chat about Justice Stephen Breyer’s Scalia Lecture, misdemeanor prosecutions, a new study on religious liberty’s winning streak on the Roberts Court, and a Native American adoption law case. Show Notes: -Google v. Oracle -Justice Breyer’s Scalia lecture. -Misdemeanor prosecution explainer by Alex Tabarrok and “16 theories for why crime plummeted in the US” by Dara Lind and German Lopez in Vox. -“An Extraordinary Winning Streak for Religion at the Supreme Court” by Adam Liptak in the New York Times and “The Roberts Court and the Transformation of Constitutional Protections for Religion: A Statistical Portrait” by Lee Epstein and Eric A. Posner in the Supreme Court Review. -Native American adoption law case. -Take the next 30-days to try a Dispatch membership Learn more about your ad choices. Visit megaphone.fm/adchoices

It was a slow day at the Supreme Court today, but our hosts are here to give us a breakdown of the latest orders. In a concurring opinion on Monday, Justice Clarence Thomas tore into the Supreme Court’s order in Biden v. Knight First Amendment Institute at Columbia University, which involves a government official’s control of his own Twitter account. Per Sarah, the purpose of Thomas’ concurring opinion is to determine whether social media platforms are “common carriers, whether they are places of public accommodation, or nothing.” Stay tuned to hear David and Sarah discuss a lawsuit involving Thomas Jefferson High School for Science and Technology and the GOP’s legislative blowback against corporate wokeness. Show Notes: -Google v. Oracle -Supreme Court’s April 5 orders -Biden v. Knight First Amendment Institute at Columbia University -Jason Small v. Memphis Light, Gas & Water -Trans World Airlines, Inc. v. Hardison -Coalition for TJ v. Fairfax County School Board and Dr. Scott Brabrand -Revisionist History podcast Season 3 Episode 10 Learn more about your ad choices. Visit megaphone.fm/adchoices

As the Houston Cougars and Baylor Bears prepare for their Final Four faceoff this Saturday, our podcast hosts break down Wednesday’s Supreme Court arguments for National Collegiate Athletic Association v. Alston, a case that will determine whether the NCAA’s rules restricting student athlete compensation violate federal antitrust law. Stick around to hear David and Sarah chat about developments in qualified immunity law, how nondisclosure agreements hide sex abuse scandals, and a new civil lawsuit brought by two U.S. Capitol Police officers against Donald Trump. Show Notes: -Supreme Court oral arguments for National Collegiate Athletic Association v. Alston. -Taylor v. Riojas. -Florida v. Georgia. -“The Supreme Court Is Giving Lower Courts a Subtle Hint to Rein In Police Misconduct” by Joanna Schwartz in The Atlantic. -Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics. -Facebook Inc. v. Duguid. -French Press: ‘They Aren’t Who You Think They Are’ by David French in The Dispatch. -James Blassingame and Sidney Hemby v. Donald Trump. Learn more about your ad choices. Visit megaphone.fm/adchoices