Advisory Opinions

After a momentous term at the Supreme Court, what are we to make of it all? Josh Blackman, associate professor of law at the South Texas College of Law Houston, joins David and Sarah to help us all understand:  Roberts' role at the center of the Court, Gorsuch and textualism, and Kagan's growing influence. David, Sarah, and Josh cover it all. Show Notes: -Make sure to read Sarah's piece on the Sup...

With Joe Biden’s popularity rising in battleground states (according to several recent polls), Democratic lobbyists and party officials are urging the presidential candidate to try and win over purple and even conservative-leaning states like Georgia and Texas. But most of his advisors are urging a more conservative path, encouraging him to focus on states he knows he can win. David and Sarah disc...

The Supreme Court wrapped up its term today with an opinion on what counts as American Indian tribal lands and two related cases about the president’s financial records. In Gorsuch’s majority opinion in McGirt v. Oklahoma, the court found that Congress’ 19th century promise to give large swaths of Eastern Oklahoma to the Muscogee (Creek) tribe still stands. This means roughly half of Oklahoma—and...

The Supreme Court has released two more religious liberty rulings into the world. Our Lady of Guadalupe School v. Morrissey Berru ended up being a blow to employment discrimination laws in favor of First Amendment religious liberty concerns. In Little Sisters of the Poor, the Court upheld a regulation allowing employers with religious objections to ignore the Affordable Care Act's birth control ma...

As we near the end of another Supreme Court term, speculation abounds over a Court retirement. Would the resulting nomination battle be more or less contentious than the appointment of Justice Kavanaugh? David and Sarah answer this thought experiment while also touching on the implications this scenario would have on the 2020 election. They also break down rulings on robocalls and faithless electo...

The Supreme Court denies cert to an abortion case, grants cert to a case over Mueller's secret evidence, and the Biden and Trump campaigns are lawyering up for 2020's final act. David and Sarah have thoughts. Show Notes: -Declan’s Dispatch profile on Tim Scott -Hill v. Colorado -June Medical Services v. Russo -Masterpiece Cakeshop Ltd.  v. Colorado Civil Rights Commission -Arlene’s Flowers Inc. v....

Espinoza is finally here, and David and Sarah are here for a proper deep dive into the Supreme Court's decision. Plus their reflections on the legal and political implications of the court's June Medical ruling. Show Notes: -Supreme Court's Espinoza ruling -Conservative groups see abortion ruling as catalyst for reelecting Trump -The Chief Justices Battle over the Removal Power Learn more about yo...

David and Sarah discuss another big day at the Supreme Court, from the court's decision to strike down a Louisiana abortion law to its ruling on the Consumer Financial Protection Bureau. Show Notes: -Our conversation with Louisiana's solicitor general -Supreme Court's Louisiana abortion ruling -Supreme Court's CFPB ruling -David's Sunday newsletter Learn more about your ad choices. Visit megaphone...

David and Sarah discuss Joe Biden's polling lead in six swing states, the latest development in the Michael Flynn case, the Supreme Court ruling on asylum seekers, and free speech online. Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah discuss the president's rally in Tulsa, the firing of the U.S. attorney in New York, the lawsuit over John Bolton's book, and they process last week's Supreme Court decisions. Show Notes: -David's Sunday newsletter -Drew Griffin Twitter thread on Tulsa rally -28 U.S. Code § 546. Vacancies -Barr's statement on on the nomination of Jay Clayton -Berman's statement on firing -Trump rem...

David and Sarah discuss the Supreme Court's ruling that blocks the Trump administration from ending DACA for now, return to their discussion over the Title VII ruling, and finish with the legal fight over John Bolton's book. Show Notes: -Supreme Court DACA ruling -Cass Sunstein on Gorsuch Title VII opinion -Atlanta Journal-Constitution piece on Bostock -David's piece A Conservative Legal Chernobyl...

The Supreme Court declined to take up new cases dealing with gun rights and qualified immunity. The court ruled that federal anti-discrimination laws protect gay and transgender employees. Lines are drawn on originalism vs. textualism. David and Sarah have thoughts. Show Notes: -Supreme Court cert denials -Supreme Court Bostock opinion -Sarah's guide to the top 10 cases -Sarah's SCOTUS glossary Le...

It's Brisket Eve and David and Sarah are celebrating by diving into the latest polls on the protests around the country, the legal weeds of Confederate monuments, and answer the question, why does the rule against perpetuities get the people going? But the festivities don't end there, there's the Michael Flynn amicus curiae, Tom Cotton, and Gone with the Wind. Show Notes: -Michael Flynn brief Lear...

David and Sarah discuss calls by protesters to "defund the police," ideas to reform police departments from no-knock raids to police unions, incorporation doctrine, and the miniseries 'Waco.' Show Notes: -David's Sunday newsletter -There’s Never Been a Better Time to Abolish Qualified Immunity -Justice Department Waco report Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah discuss the stunning critique of the president from James Mattis, the events of the last 24 hours from Mark Esper breaking with the president to Tom Cotton's op-ed, they then breakdown the charges against the police officer who had his knee on the neck of George Floyd, and end with their thoughts on 'The Last Dance.' Show Notes: -James Mattis Denounces President Trump -Derek Chauvi...

David and Sarah discuss the latest news out of the Supreme Court including the court denying a California church's lockdown challenge, Rep. Justin Amash's plan to introduce legislation to end qualified immunity for police officers, Sen. Tom Cotton's call to invoke the Insurrection Act, the president's call to label ANTIFA a terrorist organization, and a return to their debate over law school. Show...

The president has a new social media executive order. What happens if Trump loses in November, but doesn't want to leave? Qualified immunity and the Fourth Amendment in the context of the death of George Floyd in Minneapolis. House of Representatives allows proxy voting for the first time this week. And a Central Park video sparks a national conversation. David and Sarah have thoughts. Show Notes:...

David and Sarah discuss the growing partisan divide over the handling of the coronavirus pandemic, the legal fights over church openings, Rachel Maddow's SLAPP lawsuit victory, and the pros and cons of going to law school. Show Notes: -Harvard false positive/negative rates -Reuters R vs. D county study -The Public's Judgement of Their State's Performance During the COVID-19 Outbreak -Columbia stud...

David and Sarah finish their preview of a number of upcoming Supreme Court decisions from the Consumer Financial Protection Bureau to DACA and the Title VII cases. The two also discuss the debate over moves to expand vote by mail, and the new Hulu miniseries Mrs. America. Show Notes: -Texas vote by mail lawsuit -A Guide To the 10 Biggest Supreme Court Cases of This Term -A Glossary of Important SC...

David and Sarah discuss the end of Rep. Justin Amash's short-lived presidential bid, preview a number of upcoming Supreme Court decisions from Little Sisters of the Poor to the Blaine Amendment case, and the New York Times column taking a closer look at Ronan Farrow. Show Notes: -The agonizing story of Tara Reade -A Guide To the 10 Biggest Supreme Court Cases of This Term -A Glossary of Important...

David and Sarah discuss 'unmasking' and Michael Flynn, Supreme Court oral arguments over the president's financial records and "faithless electors," and Wisconsin administrative law. Show Notes: -The Flynn case isn’t over until the judge says it’s over -Transcript of Michael Flynn sentencing proceedings -Trump v. Vance oral argument transcript -Trump v. Mazars USA, LLP oral argument transcript -Co...

The Supreme Court hears oral arguments in Our Lady of Guadalupe School v. Morrissey-Berru. Secretary Betsy DeVos releases new regulations to overhaul Title IX. New details in the shooting death of Ahmaud Arbery. The Justice Department drops its criminal case against Michael Flynn. David and Sarah have thoughts. Show Notes: -Our Lady of Guadalupe School v. Morrissey-Berru oral argument -Betsy DeVos...

Rep. Justin Amash of Michigan joins David and Sarah to discuss his announcement that he is exploring a presidential run as a candidate of the Libertarian Party. David and Sarah then turn to the shooting death of Ahmaud Arbery, a 25-year-old black man, in a South Georgia neighborhood. Show Notes: -A Vigilante Killing in Georgia Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah discuss the Supreme Court's first day of oral arguments via teleconference, preview the court's May calendar, get the latest in the U.S. women's soccer team's equal pay lawsuit, and preview Our Lady of Guadalupe School v. Morrissey-Berru. Show Notes: -Supreme Court's May argument calendar -Feds, Northam spar over Virginia stay-at-home order’s impact on churches -District Court opin...

David and Sarah discuss the latest after Michael Flynn’s defense claims FBI notes show agents tried to entrap him, the viability of third-parties as Justin Amash flirts with running for president, and some legal news updates. Learn more about your ad choices. Visit megaphone.fm/adchoices