Advisory Opinions

The Supreme Court deliberates whether state actors should be allowed to block private users on social media and Sarah and David have thoughts. Plus: -The first amendment rights of government employees -Clarence Thomas has a question -Trump's new attorneys (guess who's not in the running) -The CCP is already here -Worst Halloween candy? Show Notes: -Garnier v. O'Connor Learn more about your ad choi...

The Connecticut Supreme Court weighed in on a suit stemming from a sexual assault hearing at Yale University that raised tensions between due process protections for accused students and victim blaming. Sarah and David analyze the political background of related cases. Plus: -States vs. Meta -David breaks down the law of armed conflict and the Gaza invasion -“Well-regulated” and its force and effe...

Sarah and David take a break from the news to answer listeners' questions: How should fans approach the hosts in public? Does intent matter in constitutional law? Would making it easier to amend the Constitution fix everything? Also: -Policy solutions vs. social solutions -The issue with JD/MBAs -The First Amendment and the Israel-Hamas war -Ethics among lawyers -Congressional review of judicial r...

Sidney Powell may be the best lawyer ever, SCOTUS might finally have a tech term, and David’s humble brag didn’t get past anyone. Sarah and David fly through a mix bag of legal topics including: -Presidents coercing social media platforms -Plea deals from fraudsters -“Cheese-bro” -David brings up trans issues -Sarah brings up feminism -Law firms dealing with “unlawful” affirmative action practices...

Live from the University of Virginia and before a strangely happy group of law students, Sarah and David cover a range of topics from a convicted rapper who blames AI, disruptions at the Supreme Court, the Fifth Circuit becoming the new Ninth Circuit, and ethics with Amy (Justice Barrett). The hosts then take a series of questions from UVA students. God blesses this podcast. -Does Sarah know her h...

What do the 6th, 9th, and 11th circuit all have in common? Well, they're all part of this episode's circuit palooza! But don't fret, there's also: -One city manager's revenge -a gag order for a former president -David makes Sarah regret asking the difference between a clip and a magazine -California’s magazine ban has no likelihood of success -There’s levels of scrutiny to this -Sarah’s judicial w...

Sarah and David return to their regularly scheduled Supreme Court programming, specifically to a racial gerrymandering case out of South Carolina (Sarah has copious notes). The two also have a lot to say about the insanity coming out of elite law schools. But first David revisits law of war to explain the international rules of siege warfare. Then: -Supreme Court justices speaking statistics -Non-...

Israel declares war on Hamas after the terrorist organization murders hundreds of civilians. But now, with Israel already carrying out attacks in Gaza, things are about to get litigious. David French analyses the meanings and implications of the Law of War and debates Sarah Isgur whether International Law is even a thing. Plus if you want to hear David explain the moral dimension of war law, join...

Are you ready for this? Partners at Williams and Connolly Lisa Blatt and Sarah Harris share what it was like to argue before Justice Antonin Scalia, the pros and cons of careerism, the hunger for victory, the dangers of wearing cowboy boots in court, and why life is just a never-ending series of tradeoffs. Also: -Texas Sarah vs Tennessee Sarah -Justice Ginsburg's tip for arguing before the Supreme...

Prof. William Baude joins Sarah and David to explain why he thinks Trump's actions in 2020 might be constitutionally disqualified from running for president again. Show notes: -Prof. Michael McConnell, Responding About the Fourteenth Amendment, "Insurrection," and Trump -The Sweep and Force of Section Three -AO episode about the law article Learn more about your ad choices. Visit megaphone.fm/adch...

Sarah's back from her first maternity leave ever to for a live recording at Georgetown University Law School. Together with host emeritus David French, they preview the 9 most dramatic cases coming before the Supreme Court this term. Also: tips for law students and a live Q&A (at least as long as our batteries work). Here we go:-Kavanaugh didn't flip his vote (surprising few) -We called it (on Ala...

The David and David show closes out with a First Amendment send-off. They discuss: -A fifth circuit case involving racist accusations and the well-known Journal of Schenkerian Studies -Book People versus Texas Laws Written in Crayon -A student organization’s fight for drag queens on campus -Balancing freedom of speech and explicit content Show Notes: -Yascha Mounk for The Atlantic: Stop Firing the...

Hello, AO listeners! This episode is a little bit different. Your regular hosts, Sarah and David, are unavailable—Sarah on parental leave, David on the road—so I (David Lat) have conscripted my husband, lawyer and legal commentator Zachary Baron Shemtob, to serve as guest of a guest. Zach shares his (strong) opinions on two hot topics, the Trump gag order and AO listeners’ favorite subject, text/h...

Prompted by Hunter Biden's indictment, David and David go through a slew of second amendment cases to try and figure out which kind of gun control is constitutional. The two also discuss: -An attempt to get a gag order on Trump -Friend of the pod smackdown Show Notes: -Special counsel asks for 'narrow' gag order for Trump in election interference case -Are Felon Gun Bans Constitutional? -French NY...

The David and David show looks at Speaker McCarthy's call to open an impeachment inquiry against President Biden. They also break down a big win for the Fellowship of Christian Athletes in Ninth Circuit free speech case. And... -Trump cases update -New Mexico Gov v. the US Constitution Show Notes: -How Trump’s DOJ gave Biden a major assist on impeachment -OLC opinion on House vote for impeachment...

It's a grab bag show for David & David: Mark Meadows takes the L in Fulton County, the Fifth Circuit issues an injunction against the Biden administration, and Argentina is forced to make a $16 billion payout. Plus: Vanessa Oterro, founder of the Media Bias Chart, joins the show to drop some data on why you should definitely keep tuning in to Advisory Opinions. Show Notes: -Judge Jones' Ruling in...

Exciting news from host-in-absentia Sarah Isgur. Partisan gerrymandering. Cameras in courts. David French and guest-host David Lat have so much to cover in so little time. Here we go: -New arrivals -Purdue Pharma update -Should the Trump trials be televised? (The Davids disagree) -Wisconsin's judicial elections mess -Alabama's ongoing redistricting wars and systemic racism -Elon Musk goes after th...

After David Lat is publicly inducted into the AO family by undergoing a fan-based correction, he and David French run through an eclectic mic of legal topics, starting with an update on a heated chess lawsuit. Join the two as they discuss: -Chess settlesment -Mark Meadows’ risky testimony -Amy Coney Barrett’s not so news-worthy comments -Trump’s trial date conundrum -Hardball playing out at the No...

The DnD show begins as David Lat returns to co-guest host in Sarah's absence. David and David discuss a strange First Amendment case out of the Fifth Circuit involving terrorism and COVID zombies, and: -Jan. 6 fake electors case -Non-delegation at the Sixth Circuit -Some drama with Big Law -Breaking News: Trump court date set Show notes: Georgia amicus brief opposing removal Bailey v. Iles (Fifth...

Will there be a legal and cultural consensus on transgender affirming healthcare? Why don’t female deputies get a full weekend in Dallas County? And what will Sarah’s baby’s name be? Sarah and David explore these questions and a smorgasbord of legal topics in a end of summer circuit round-up, including: -Merit based and race neutral admissions process in Fairfax County -Law firms discriminating on...

Can Donald Trump be disqualified from holding public office? Sarah and David host a friendly debate with Michael McConnell, a former circuit judge and current Stanford law professor, over whether Donald Trump “engaged in insurrection or rebellion” or not. Also: -Hunter Biden plea deal update -Removal jurisdiction Show notes- -Prof. Michael McConnell, Responding About the Fourteenth Amendment, "In...

Professor Bradley Rebeiro joins Sarah and David to examine Frederick Douglass and the political theories that influenced his thinking. But, before the interview, the two go through a docket of trending political topics, including: -DC’s picky protest arrests -A 96-year-old judge’s continued tenure -Hunter Biden: Deal or no deal? -Trump’s Georgia troubles, revisited (already) Show Notes: -Bradley R...

A grand jury out of Fulton County, Georgia has brought RICO charges against Donald Trump and 18 co-defendants. Sarah and David explain the 98-page indictment, how it holds up to the others, and Trump's interesting defense strategy. Plus: -David issues a very important correction -Will Trump be able to pardon himself? -Georgia RICO vs. federal RICO -Will this case stay in Georgia? -What if Trump wa...

First Amendment attorney Ari Cohn joins Advisory Opinions to present the complexity of age restriction policies. But first, Sarah and David update listeners on a barrage of legal activity, including: -Section 3 of the 14th amendment and the GOP’s saving grace? -Kansas newspaper suing over police raid -Hunter Biden’s special counsel (and horrible parenting) -What can and cannot Trump say? Show Note...

David and a particularly congested Sarah plan to forward this especially packed AO straight to the Supreme Court. Does the Eighth Amendment enshrine a felon's right to vote and do people really think Jews have horns? Plus: -Trump protective order battle -Ghost gun regulation -Southwest Airlines attends religious liberty training -Butterfly knives and commercial firearm sales -Ohio ballot initiativ...