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 See omnystudio.com/listener for privacy information.

Advisory Opinions

Biden’s Supreme Court Commission Part II

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 See omnystudio.com/listener for privacy information.

Biden’s Supreme Court Commission Said What?

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.” See omnystudio.com/listener for privacy information.

The Curious Case of Jailing Children

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” See omnystudio.com/listener for privacy information.

January 6 and Executive Privilege

In today's pod David and Sarah discuss a federal district court injunction against Texas's heartbeat bill, dive into the deep waters of Mississippi's unbearable aquatic greed, and discuss whether ten robberies is one "occasion" for crime or, well, ten. But that's not all! They also engage in a brief but spirited debate about whether the DOJ's letter about threats against school board members. The pod finishes by talking about manners. In an interesting way. We promise. Show Notes: Mississippi v. Tennessee groundwater case US v. Texas injunction  Wooden v. United States AG Garland letter  National School Board Association letter to Biden See omnystudio.com/listener for privacy information.

Manners Maketh a Pod

On this week’s episode, Sarah is back from the Galápagos Islands just in time for the Supreme Court’s fall term. David and Sarah jump right in, starting with a rather spicy speech from Justice Samuel Alito. Our hosts also discuss a case with conspiracy theorist Alex Jones, a professor who is suing UCLA, and the high court’s upcoming cases.   Show Notes: -From SCOTUSblog: Alito blasts media for portraying shadow docket in “sinister” terms -Why I Am Suing UCLA, by Gordon Klein at Common Sense with Bari Weiss -Justices add five new cases to their docket from “long conference,” including Cruz campaign case -SCOTUS oral argument schedule -Wikipedia page on Baphomet See omnystudio.com/listener for privacy information.

Supreme Court is Back

In a special edition of the podcast, David interviews his former colleague Greg Lukianoff, president of the Foundation for Individual Rights in Education. The two discuss the state of free speech on college campuses and why it’s not just a higher education issue, but one that also impacts workforces and the United States in general. And of course, lacking Sarah’s moderating influence, there are also some (relatively minor) descents into nerdery over Star Trek.   Show Notes: -The Coddling of the American Mind: How Good Intentions and Bad Ideas Are Setting Up a Generation for Failure -Scholars Under Fire Database -FIRE’s 2021 College Free Speech Rankings -Undoctrinate: How Politicized Classrooms Harm Kids and Ruin Our Schools―and What We Can Do About It See omnystudio.com/listener for privacy information.

Nerds with Strong Opinions

In today’s episode, Sarah and David discuss a number of situations where events have proven their predictions true, starting with a challenge to the Texas abortion law and ending with a complaint over critical race theory. In between, our hosts also dissect the legal arguments underpinning the push to get Vice President Mike Pence to overturn the 2020 presidential election and discuss a new bill that would reign in presidential powers.   Show Notes: -Alan Braid, Texas abortion doctor, sued over ban -John Eastman memo -Reuters story on critical race theory -Williamson County critical race theory complaint -New York Times story on Protecting Our Democracy Act -House analysis of the Protecting Our Democracy Act provisions See omnystudio.com/listener for privacy information.

Eastman Memo: It's Real and It's Not Spectacular

On today’s podcast, David and Sarah discuss a host of thorny legal issues starting with an indictment against a lawyer who lied to the FBI when he alleged communications between the Trump Organization and a Russian bank. They then dig into a Second Amendment amici brief, a defamation case, and the issue of misleading headlines. Listen to the end to hear Sarah explain how to get away with murder (or somewhat less sensationally, how to get away with interstate mail fraud). SHOW NOTES Indictment: U.S. v. Michael A. Sussmann Second Amendment Amici brief regarding New York gun laws  Rep. Devin Nunes' suit against Ryan Lizza and Hearst Magazine Media The Writer of This Article Also Wrote This Headline and That’s Rare “The Perfect Crime,” Georgetown Law Review article by Brian C. Kalt  See omnystudio.com/listener for privacy information.

How to Get Away with Interstate Mail Fraud

In today’s episode, Sarah and David give you everything you need to combat half-baked hot takes about the Biden administration’s vaccine mandate as they discuss whether the Occupational Safety and Health Administration (OSHA) has the statutory authority to issue its rule. They then indulge in an exploration of the Commerce Clause. Lastly, our hosts discuss new legal updates to the abortion heartbeat law, as well as some potpourri.    Show Notes: -President Biden’s executive order requiring COVID-19 vaccination for federal employees -Explanation of Biden’s EO in The Morning Dispatch -Jacobson v. Massachusetts establishing the government’s right to compulsory vaccination -United States of America v. Texas on Texas’ abortion statute -The opinion from the U.S. Court of Appeals for the 6th Circuit on Tennessee’s heartbeat abortion ban -Asbestos Information Ass'n v. OSHA case -Congressional Research service paper on OSHA -Justice Breyer interview transcript with Chris Wallace See omnystudio.com/listener for privacy information.

Future of Biden's Vaccine Mandate

In today’s episode, Sarah and David discuss a fiery concurrence from Judge James Ho in the U.S. Court of Appeals for the 5th Circuit’s opinion upholding a Texas ban on certain abortion procedures. They then discuss an indictment related to the Ahmaud Arbery killing, a death penalty case with religious liberty implications, and a Donald Trump Jr. defamation case. Lastly, listen till the end to hear about the cult (which centers around a current Supreme Court justice) that our hosts are vying to join.   Show Notes: -The 5th Circuit’s opinion on Whole Woman’s Health v. Paxton -Indictment of former District Attorney Jacquelyn Lee Johnson -Supreme Court’s stay of execution for John Ramirez -District Court opinion in Blankenship v. Trump -“Automatic, Still Is.” soundcloud See omnystudio.com/listener for privacy information.

Automatic, Still Is

Late Wednesday night, the Supreme Court, in a 5-4 decision, refused to block a Texas abortion law that went into effect earlier in the day. Sarah and David engage in a very detailed discussion of Whole Woman’s Health v. Jackson, equipping intrepid listeners to combat any bad legal hot takes they might encounter. They cover what this means for states that want to challenge constitutional rights, for women in Texas with nonviable pregnancies, and, the million dollar question: what this means for the right to abortion established by Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey.   Show Notes: -Supreme Court opinion on Whole Woman's Health v. Jackson -Definition of Ex Parte -Definition of Qui Tam -Link to the complaint and emergency applications in Whole Woman’s Health v. Jackson See omnystudio.com/listener for privacy information.

Supreme Court's Texas Abortion Law Decision Explained

For today’s episode, Sarah is joined by special guest Ben Folds, storied American singer-songwriter, musician, and podcaster. They discuss how failure is baked into doing science, how Folds’ song about the Mueller investigation is the perfect place to start for the law-curious, and the song-writing process.   Show Notes: -Mister Peepers by Ben Folds -Still Fighting It by Ben Folds -A Dream About Lightning Bugs: A Life of Music and Cheap Lessons by Ben Folds See omnystudio.com/listener for privacy information.

Ben Folds Talks Creativity

Mitchell Berman, professor of law at the University of Pennsylvania’s Carey Law School, joins our hosts for a fascinating discussion on the jurisprudence of sports. In a wide-ranging discussion, David and Sarah adjudicate everything from how unwritten traditions are enforced in games to how robot umpires are changing the landscape. And of course, no sports law discussion would be complete without a dive into the Olympics.   Show Notes: -The Jurisprudence of Sports by Mitchell Berman See omnystudio.com/listener for privacy information.

The Spirit of Curling

In today’s episode, Sarah takes listeners along on a wildlife rescue mission that involves a baby turtle, a surprise rain storm, and mosquito netting. But don’t worry, it has a happy ending. Our hosts then turn to the Biden administration’s proposal to tie mask mandates to civil rights law and the latest development on the “remain in Mexico” policy. Finally, Sarah and David discuss the Texas Supreme Court ruling that is bad news for Texas Democratic lawmakers trying to avoid arrest.   Show Notes: -The Dispatch Live on Afghanistan -New York Times story on Biden administration’s move against mask bans -Texas federal judge's ruling on “remain-in-Mexico” -Texas Supreme Court ruling on Texas Democratic lawmakers See omnystudio.com/listener for privacy information.

Ducklings Have Come Home to Roost

Advisory Opinions is a new podcast from The Dispatch. Hosts David French and Sarah Isgur have a weekly conversation about the law, culture, and why it matters.  

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Advisory Opinions

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