Advisory Opinions

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...

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...