Advisory Opinions

Sarah and David cover the oral argument at the Supreme Court regarding the Colorado Supreme Court’s decision to block Trump from the ballot in the state. The Agenda: —David’s unpleasant déjà vu —All the ways Colorado will lose —The textualist approach —What process is due? —Non-Mutual Collateral Estoppel —David responds to Justice Kagan —Griffin’s case —U.S. Term Limits, Inc. v. Thornton —The advo...

The D.C. Circuit Court of Appeals has unanimously decided that Donald Trump is not immune from prosecution. On today's emergency pod, Sarah and David react to the decision's substance and how the timing affects the election. The Agenda: —Timing is everything —Word of the day: estoppel —Will SCOTUS take the case? —The opinion’s flaws —Whatis a president immune from? —What is an official act? —The p...

Sarah and David invite District Judge Vince Chhabria on the pod to explain the state of multidistrict litigation and answer the question: Why does he listen to Advisory Opinions? The Agenda: —Justice Breyer’s jurisprudence —Judging vs. personal value judgments —David’s cringe a cappella group name —Constitutionality of magistrate judges —How to fix forum shopping —MDLs, explained —The pros and con...

Judge John K. Bush of the Sixth Circuit Court of Appeals joins Sarah to discuss the method and merits of the "history and tradition test." But first, Sarah and David dive into some Supreme Court gossip. The Agenda: —Addressing Justice Sotomayor's comments —David's gross speculation —More immigration talk —The problem with Remain in Mexico —Why we have hate crimes —Tiers of scrutiny —The problems w...

Sarah and David dive deep into the state of immigration law and Texas Gov. Greg Abbott's legal battle with the Biden administration. The Agenda: —Amicus briefs for funsies —The asylum system problem —How to fix the crisis at the border —The border deal in the Senate —Civil War cosplay —National Guard and Texit detour —Football vs. politics redux Learn more about your ad choices. Visit megaphone.fm...

Sarah and David discuss ~vibes~ from a recent emergency docket ruling on razor wires along the Texas border plus Judge Newsom's latest concurrence on discrimination and religious advertisements. The Agenda: -Judge Kyle Duncan ruling and a SCOTUS reversal -Judge Kevin Newsom and religious advertisements -Raising highways in Texas -No Labels sending a letter to the DOJ -Fifth circuit divided in free...

Sarah and David brave the tundras of the Vanderbilt campus to discuss left-leaning bias in pro-bono cases before diving into the details of Fulton County DA Fani Willis’ possibly salacious hires. The Agenda: -Left-leaning bias academic study -Trouble in paradise for Fani Willis -Top 10 tips from an Indiana Law Clerk -Defining “colorable” and “to cabin” -Alec Baldwin and new standards for Hollywood...

Sarah and David appease a couple listeners’ requests before getting to the Loper Bright Enterprises v. Raimondo oral argument. The Agenda: —Words of the day: certiorari and conversion —Epic Games, Inc. v. Apple Inc. —Supreme Court humor —Congress (and the courts) do your job —Texas’ READER Act blocked by Fifth Circuit —Responding to listeners’ comments Show Notes: —Kisor v. Wilkie —Pierson v. Post...

Sarah and David discuss a cert grant relating to homelessness in San Francisco and Massachusetts’s Eighth Amendment. But first, Sarah announces her pending litigation against Fairfax County. The Agenda: —Robinson v. California —The different types of justice —A no-fly list dispute —The law of war: Houthis —How do we beat pirates? —Anti-straight discrimination —DeSantis v. Warren Show Notes: —Niz-C...

Sarah and David address a few corrections from Tuesday’s episode before turning to the oral argument on Trump’s prosecutorial immunity. On the Agenda: —Can presidents order Seal Team Six to assassinate rivals? —Who is going to win this case? —Did we just fix qualified immunity? (No.) —Political advertising at the Ninth Circuit —Should I go to law school? Pt. 97 Show notes: —Marbury v. Madison —Mis...

Sarah and David attend to AO housekeeping before diving into some creative 20th Amendment theories. Plus: —The distinction between law violation and norm violation; —Trump’s prosecutorial immunity and legal yay's; —The role of Congress in determining eligibility for office; —A prosecutor working for both sides of the bench; —Judge Ho concurs in an employment discrimination case; —More employment d...

David and Sarah are back from a hearty break and catch up on cases from last year and various legal topics, including judicial salaries and the death of Justice Sandra Day O’Connor. Stay tuned for: —David and Sarah’s low confidence in the outcome of the Jarkesy case; —No love lost for the Sacklers; —A good attempt at avoiding the income tax; —Maine skipping due process; and —A lawsuit that could e...

Sarah joins David Lat's Original Jurisdiction to review 2023's best (and worst) legal cases and lawyers and make some hopeful (and less hopeful) predictions about the coming year. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this emergency pod, Sarah and David discuss the Colorado Supreme Court’s decision to disqualify Donald Trump from the state’s primary and general election ballots. They take listeners through: —How they speed read court opinions; —The self-execution of Section 3 of the 14th Amendment; —The concept of non-justiciability (and how to pronounce it); —Problems with congressional drafting; —Debating...

Sarah and David respond to listener comments about last week’s Texas abortion case. Then the two discuss: -Why to bet on the side of Jack Smith’s delay -The “president shoots a postal worker” hypothetical -Sarah plays detective on the second biggest SCOTUS leak -SCOTUS appointments and holding onto power -A right to compete but not to win? -Please clean your washing machines Show Notes: -Why We Fi...

Sarah and David give listeners another action-filled pod, starting with a controversial abortion case in Texas before breaking down special counsel Jack Smith’s petition to the Supreme Court. Plus: —Why justices aren’t doctors —Texas’ abortion law is not working —What does being pro-life mean? —An extremely rare move by Jack Smith —David’s (informed) rank speculation —Is conversion therapy covered...

It's a marathon episode as Sarah and David try to figure out: -Will WilmerHale charge the university presidents for their testimony prep? -Is the ACLU making a comeback in NRA v. Vullo? -What’s up with Trump's gag order? -How to correct a chief justice Show Notes: -Students Call for Genocide, Presidents Smirk- -NYT: One Law Firm Prepared Both Penn and Harvard for Hearing on Antisemitism -SEC v Jar...

The university presidents of Harvard, MIT, and Penn testified before Congress on antisemitism in their schools. It didn’t go well. Sarah and David talk Title VI implications, and: -David feels gaslit -The parents of a young Kansas City Chiefs fan threaten to sue Deadspin for libel -Acheson and why mootness is easy and standing is hard -Happy holiday housekeeping Show Notes -Harvard ranked last in...

Judge Kevin Newsom of the 11th Circuit Court of Appeals joins Sarah and David to reminisce on past times and talk nerdy topics. Let Judge Newsom explain his concurring opinions and: -Lunches spent reading Supreme Court oral arguments -Humblebrags -Hiring (life-saving) clerks -Why he’s a skeptic of standing -Jurisdiction stripping -Why Judge Newsom can’t be a podcast host -Over aggressive judging a...

On today’s episode, David and Sarah break down the most interesting Supreme Court argument of this term and what it means for the future of double jeopardy law. But first, they have to shout out the dating site that is the AO comment section. Also on the docket: -Mistrials vs. double jeopardy -Federal rights and state interpretations -The coolest word you've never used -David calls for thoughtful...

Sarah and David return from their Thanksgiving feasts to serve up a very nerdy episode on fed court law. Enjoy: -David giving a lowdown of the Voting Rights Act -Hacking minority districts -Laws created by court precedents versus laws created by statutes -Any standing experts out there? -Undoing the Warren Court -Section Two Rights vindicated in civil court -Reporters: Don’t go to activists for le...

Sarah and David have a big ol' pod today, wherein they discuss a First Amendment case involving risqué drag shows at a burger joint, hunter harassment laws, and challenges to Donald Trump's ballot access. Spoiler: Sarah was right. Also: -Masked protesters and Anti-Klan laws -Bad facts make bad laws -Lawyers and Non-germaine activities -David's window-dressing ignorance -Boudreaux's Butt Paste -Tru...

Sarah and David respond to comments on Bari Weiss’ Federalist Society speech. The two then turn to the latest Supreme Court news, including: -A new ethics code -Condescension of the unelected -Trump Too Small oral argument -David’s thoughts on CLS v. Martinez Learn more about your ad choices. Visit megaphone.fm/adchoices

Bari Weiss recently gave the Barbara K. Olson Memorial lecture at the Federalist Society, in which she detailed the horrific aftermath of Hamas’ October 7 attack against Israel, the ensuing “battle of ideas,” and the left’s morally perverse showing therein. Given the subject matter, we decided to devote today’s episode of Advisory Opinions to reairing her speech. her speech. Show Notes -Full speec...

Two gun cases that aren’t gun cases take over today’s episode as Sarah and David analyze two cert grants from the Supreme Court. Sarah also breaks down new reporting on clerk hiring in the judicial world. Stay tuned for: -nerd prom -Campus culture around Israel and Palestine (PS Sarah’s DMs are open) -Sarah’s bump stocks hobby horse -The perfect case of why everything is wrong with the political s...