Advisory Opinions

Former White House counsel Bob Bauer joins Sarah Isgur and David French to talk about his new book, The Unraveling: Reflections on Politics Without Ethics and Democracy in Crisis. They also discuss the role of a presidential attorney, whether Special Counsel Robert Hur crossed a line by reporting on President Joe Biden's cognitive decline, and what it was like to prep the president for his fateful...

In this three-guest special episode (wait, does David count as one? Are we still doing that?), Noah Phillips, former Federal Trade Commission commissioner and co-chair of the antitrust practice at Cravath, joins Sarah and David to discuss the reality of antitrust law. Then, John Inazu, the Sally D. Danforth Distinguished Professor of Law and Religion at Washington University in St. Louis, joins to...

Our August-themed legal book discussion is postponed for one episode, but don’t fret: There’s more than enough legal news to fill a show, thanks to gun rights and antitrust cases. The Agenda: —Maryland’s assault weapons ban is constitutional —Text, history, and tradition as … rational basis review? Or something. —Original jurisdiction and Missouri’s attempt to put forth a stupid case —Is Google th...

Sarah and David kick off the Advisory Opinions August book series and invite Professor Keith Whittington on the pod to discuss his new book You Can't Teach That!: The Battle over University Classrooms. But first the two dig into David’s conversation with Justice Neil Gorsuch. The Agenda: —Justice Gorsuch: Go to law school. —Defining originalism —The Supreme Court children’s book —The history of ac...

Justice Kagan makes remarks to the 9th Circuit and President Biden proposes SCOTUS reforms. The usual slow-moving summer legal news drag is disrupted by a number interesting cases and eye-raising comments. On the docket: —To stand or not to stand at a desk —Justice Kagan says Supreme Court reforms are "fair" —The Supreme Court’s caseload —Are justices friendly? —President Biden’s proposed reforms...

Sarah and David welcome special guest Anthony Sanders, director of the Center for Judicial Engagement at the Institute for Justice, to eviscerate Justice Oliver Wendell Holmes Jr. Plus: David’s rant on Presumed Innocent. The Agenda: —Judicial engagement —Social Darwinism and “putting to death the inadequate” —Progressive forgiveness for progressives —First Amendment —Civil rights and judicial abdi...

Sarah and David are joined by Notre Dame law professor Derek Muller, who teaches “Presidential Nominations in a Time of Uncertainty,” to discuss the legality of swapping out (presumptive) party nominees, the potential consequences of doing so, and the complexity of state election laws at-large. The Agenda: —Can Kamala Harris inherit Joe Biden’s PAC money? —Will Republicans successfully keep Kamala...

Sarah and David answer listener emails, covering everything from judicial federalism, to the Supreme Court’s upcoming tech term, to potential SCOTUS reforms. The Agenda: —Constitutionality of the special counsel —The Nixon precedent —Independent judgment of lower courts —Predictability and the rule of law —The Texas pornography case: children’s rights or adult’s rights? —Injunctions as extraordina...

Judge Aileen Cannon dismissed on Monday the charges brought by special counsel Jack Smith against former President Donald Trump for mishandling classified documents. So, um, what just happened? Sarah Isgur and special guest David French discuss. The Agenda: -Why Judge Cannon thinks Jack Smith's position is illegal. -Rating the decision, from solid law to bonkerstown. -What will the DOJ do now? -Tr...

Sarah, Steve, Jonah, and David French discuss the assassination attempt against former President Donald Trump during a Pennsylvania rally over the weekend. Learn more about your ad choices. Visit megaphone.fm/adchoices

Could Joe Biden sue a faithless delegate? Would Brown v. Board exist if a supermajority had opposed integration? Is the next generation of lawyers doomed? In a special live recording at the American Enterprise Institute, Sarah and David contemplate a series of worst-case hypotheticals and answer audience questions. Bonus: originalist David French (somewhat) defends the Warren Court. Agenda: —Bound...

Kannon Shanmugam and his summer associates return to Advisory Opinions to look back on the SCOTUS term and discuss the state of “text, history, and tradition.” The Agenda: —Big themes from this SCOTUS term —Was this the administrative law term? —Should we stop thinking about SCOTUS “terms”? —The health of the First Amendment —“The media now owns Amy Coney Barrett” —Justice Thomas’ dissent in Rahim...

On today’s super-mega-extravagant episode, Sarah and David celebrate America’s birthday by gifting everyone a magnificently long podcast. First on the docket: more analysis of the SCOTUS immunity decision. The Agenda: —Facial challenges in Moody v. NetChoice —Welcome, Father of the Pod —Should prosecutors be totally immune? —No more bad science! —Ongoing debate over Section 230 —Romney: Corporatio...

Sarah and David break down the Supreme Court decision in Trump v. United States. The Agenda: —Unanimous decision on Moody v. NetChoice —SCOTUS stat pack —Three buckets of immunity —Immunity takeaways: yes, no, and maybe —Presidential immunity and accountability —The role of the electorate in holding presidents accountable —Does the Constitution prevent despots and tyrants? Show Notes: —David's NYT...

We're not talking about Trump and Biden, but we are discussing something that could make double-hater voters less worried about the future of presidents and executive power: the final stake through the Chevron doctrine. The Agenda: —Chevron is overruled —Jarkesy decision —How "old think" plays out in the two above decisions —Sarah's offended by Sotomayor —The non-Trump January 6 case —Are homeless...

Sarah and David return for a truly prolific episode covering another SCOTUS decision day and revisit where they stand on originalism and its faults. The Agenda: —Doctrine coded vs. culture-war coded —Did the government coerce social media companies in 2020? —David, you ignorant slut —Interpreting “corruptly” —The accidental release of Idaho abortion case —Is SCOTUS strategic in its opinion release...

In a special live recording from San Francisco in late May, Sarah interviewed former Supreme Court Justice Stephen Breyer about his judicial philosophy, the future of the court, and accepting dissent in America. The Agenda: — How snails explain the Supreme Court — To recuse or to not recuse? — The Court’s public approval and its response to public approval — Rule of law — Unenumerated rights — Hum...

The Supreme Court has decided 8-1 in favor of the government in United States v. Rahimi. Sarah and David break down the decision before getting to a few sleeper cases from the day. The Agenda: —“Y’all misunderstood Bruen” —History is instructive, not binding —18th-century policy vs. 21st-century problems —The future of gun control —“Bad man stays in jail” doctrine —Trump’s SCOTUS nominees in a sec...

Awaiting a week full of emergency pods, Sarah and David discuss latest round of SCOTUS opinions and take a look at a religious expression case. The Agenda: —Your foreign earnings are taxable —Malicious prosecutions, do they fall under the charge-specific rule or any-crime rule? —The Fifth Circuit was wrong —Defining expert testimony —Louisiana's Ten Commandment's law Show Notes: —Georgia Tech sued...

Sarah and David discuss how the media’s focus on outcomes ignores the Supreme Court’s complexity and restraint. Plus: tips for the lawyer ready to quit. The Agenda: —Bump stocks and executive overreach —Upcoming SCOTUS cases —Who’s the least powerful justice? —Hidden ideological diversity in SCOTUS —DOJ’s enforcement of the FACE Act —How to quit your law firm: tips on professional risk management...

David Lat takes over the guest chair and joins Sarah to discuss recent SCOTUS decisions. The Agenda: —SCOTUS bumps bump stock case to Congress —Lily Ledbetter and the last time Congress did their job —Mifepristone decision —Trump too small? Maybe, but you can’t trademark it —Justice Gorsuch and Justice Jackson’s playful relationship —NLRB and defending the administrative state —Justice Alito is se...

Sarah and David discuss the laws of war in response to Israel’s successful hostage rescue operation in Gaza before turning to the latest First Amendment drama from the 1st Circuit. The Agenda: —Laws of war and the Israeli hostage rescue operation —Materially disruptive speech and t-shirts —Health check on the Constitution —Far-right says freedoms are under attack Show Notes: —David’s critique of I...

No Rahimi decision yet … but Sarah and David have the next best thing: math! The two dive into Sarah’s recent POLITICO piece in which she and Dean Jens used data to analyze the Supreme Court. The Agenda: —The three-body problem —Was Dobbs v. Jackson Women's Health Organization radical? —Moneyballing the court —“Right to counsel” at the 9th Circuit —Racial discrimination in contracting —Test cases...

Sarah and David detail Hunter Biden’s legal predicament and discuss the impact it will have on the political landscape. Is this coercive bargaining in action? The Agenda: —Food poisoning etiquette —Hunter Biden's federal case —Prosecuting Donald Trump —Abortion opinion out of Texas Supreme Court —Insights into the Supreme Court’s decision-making process —SCOTUS watch Show Notes: —Steve Calabresi f...

Akhil Amar, Sterling Professor of Law at Yale University, joins Sarah and David to read between the lines of the Constitution to find and define unenumerated rights. Be sure to check out his books, America's Unwritten Constitution: The Precedents and Principles We Live By and The Words that Made Us: America's Constitutional Conversation, 1760-1840. And stick around after the interview for a brief...