Advisory Opinions

Sarah and David discuss oral arguments in Grants Pass v. Johnson, a Supreme Court case addressing the issue of homeless people camping on public property, as well as and the 4th Circuit ruling that blocked West Virginia's law blocking transgender athletes from participating in sports. The Agenda: —SCOTUS hears Grants Pass v. Johnson —Necessity defense and cannibalism —4th Circuit ruling on trans sports ban in West Virginia —SCOTUS rules on Title VII case —Biden expands Title IX ruling —Campus due process and Columbia protesters Show Notes: —Casey Mattox on local governments stopping churches from helping the homeless Learn more about your ad choices. Visit megaphone.fm/adchoices

There’s not much worth discussing yet in Donald Trump’s criminal trial in New York, so Sarah and David focus on the Supreme Court and a case on Idaho’s law restricting gender-transition treatment for minors. Plus: Murmurs about Clarence Thomas’ brief absence. The Agenda: —Election law crimes, tax crimes, and falsification of business records —Challenges of broad injunctions —Idaho’s Vulnerable Child Protection Act —SCOTUS exhausted with emergency docket applications —Justices call to retire universal injunctions —January 6 arguments before SCOTUS —SCOTUS declines to intervene in a police lawsuit against a Black Lives Matter activist —Obstructions in official proceedings —Legal issues in the Iran-Israel conflict Show Notes: —Labrador v. Poe —Counterman v. Colorado —18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant Learn more about your ad choices. Visit megaphone.fm/adchoices

Co-authors Jack Goldsmith and Bob Bauer join the podcast to discuss their book, After Trump: Reconstructing the Presidency, and the need to reform presidential power. But first, a protest and a dinner party at a Berkeley Law School dean's house. Did the location qualify as a public forum? Sarah and David evaluate. The Agenda: —Dean of Berkeley Law School and a Palestinian Protest: 1A protection? —How to go about civil disobedience —Reforming the Insurrection Act —The need for bipartisan support in reforming presidential powers —Did Donald Trump abuse the pardon power as president? —Special counsels and the fear of rigging prosecutions Show Notes: —The Logan Act —The American Law Institute —David's Sunday column Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David explain the jury questionnaire in Alvin Bragg’s case against Donald Trump before getting into the weeds of the origins of originalism. The Agenda: —How to select a jury for Trump —Celebrity trial jury instructions —Biden swings again at student loan forgiveness —Did the Warren court birth originalism? —Originalism vs. platonic idealism —More questions from a high schooler —How do judicial ethics actually work? —The myth of the 6-3 court —The most important SCOTUS decisions Learn more about your ad choices. Visit megaphone.fm/adchoices

Things get heated in Trump’s classified documents case. In a court filing this week in Donald Trump’s classified documents case, special counsel Jack Smith challenged Judge Aileen Cannon by vowing to appeal any decision that included the Presidential Record Act in jury instructions. David and Sarah discuss Smith's public move and what it means for the case. The Agenda: —Sarah's recaps her defamation law musical experience —Justice Sotomayor's age raises questions about the right time for Justices to retire —Is Trump's defense counsel actually good? —Jack Smith's frustration with Judge Aileen Cannon —Answering questions from high school students —Yes, we're still discussing work-life balance Show Notes: —Presidential Records Act —New York Times Company v. Sullivan Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David dive into two op-eds challenging the Federalist Society and the call for lawyers to uphold the tradition of liberty under law. The Agenda: —Mayfield v. Butler, retaliation, and political targeting —Risks and challenges facing the Federalist Society —Did Trump-era advances in jurisprudence come at a deep civic cost? —The Thomas’ article on the judicial filibuster —Will Peter Navarro’s attempts to evade jail time succeed? (Spoiler: No) —Sarah and David answer work-life balance questions Show Notes: —Villareal v. City of Laredo —Gonzalez v. Trevino —Justice Breyer's bookshelf —Advisory Opinions podcast on Federal Judges visiting Israel Learn more about your ad choices. Visit megaphone.fm/adchoices

Federal Judges Roy Altman, Lee Rudofsky, and Amul Thapar join Sarah and David to discuss their recent trip to Israel along with 11 other federal judges that focused on the question of the day: Is Israel complying with international law as it pursues its war against Hamas in Gaza? The Agenda: —The purpose of the judges’ trip —Walking through the locations of the October 7 attack —Gruesome tactics by Hamas —Military authority in Israel —Israel’s legitimacy as a nation-state —Debunking the “Israelis as colonists” narrative —David’s JAG experience —Double standards and antisemitism —The Jewish idea of gratitude This conversation includes discussion of graphic content related to the October 7 attacks in Israel. Listener discretion is advised. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David discuss the legal arguments and media spin around the Mifepristone abortion pill case. The Agenda: —Mifepristone at the Supreme Court —SCOTUS and the 5th Circuit —Arresting a 72-year-old woman —The "Burning Man" festival of Alaska —Red brief, green brief, orange brief too —The stigma of the green bubbles and the DOJ's antitrust case against Apple Show Notes: —Oral argument transcript, FDA v. Alliance Hippocratic Medicine —Federal Judge Roy J. Altman speaks on his recent trip to Israel —Sarah v. Kara on Bill Maher Learn more about your ad choices. Visit megaphone.fm/adchoices

In this double-guest special, David Lat shares his original reporting on the exodus of Judge Aileen Cannon’s clerks and its implications for Trump's classified documents case. Judge David Proctor of the Northern District of Alabama then joins to explain the history and function of the federal judiciary and its committees, including the Judicial Conference. The Agenda: —Do younger clerks just not understand hard work? —Judge Cannon’s declining reputation —Delays in Trump’s documents case —How the federal judiciary came to be —Rule-making process for the Federal Rules of Civil Procedure —Multi-district litigation and its criticisms Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David dive into the battle (one that at times stumps our resident SCOTUS wonks) between the 5th Circuit and the Supreme Court on Texas’ deportation legislation. The Agenda: —Texas’ SB4, explained —Important legal glossary —The issue with administrative stays —Why the delay at the Fifth Circuit? —Opinion in chambers from Justice Roberts —FBI No-Fly List Case —First Amendment and Government Coercion —NRA free speech battle —Listener feedback Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David discuss Justice Amy Coney Barrett’s opinion in Lindke v. Freed—released last week by the Supreme Court—and the test for state action on social media. Is there a constitutional right to commenting on state officials’ accounts? The Agenda: -Predicting SCOTUS votes for Net Choice -Slime in the ice machine -Justice Elena Kagan’s compelling reasoning for saying “and” means “or” -Terrorism distortion and special needs exceptions to the Fourth Amendment -The 5th U.S. Circuit Court of Appeals is overwhelmed -An emergency petition on the Texas A&M drag show case -Don’t say 'Don’t Say Gay' when referring to this lawsuit -Justice Stephen Breyer and choosing pragmatism and not textualism Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David react to the Robert Hur’s congressional testimony, but first Sarah responds to a recent article that claimed she was assisting Hur in his testimony (and thanks the loyal listeners who came to her defense). The Agenda: —David’s thoughts on the Hur hearings —Lessons in media training —Differences between the Trump and Biden documents cases —Partisanship making people awful —Complaint by Jewish students at MIT —Blood libel at MIT —Free speech or no speech on campus? —Positive racial discrimination? —The end of judge shopping Show Notes: —President Reagan, Mastermind - SNL —UC Berkeley Jewish students successfully march without confrontation Learn more about your ad choices. Visit megaphone.fm/adchoices

Despite a slow start to the week in legal news, Sarah and David have a tightly packed episode today starting with a dissent from denial from Justice Thomas on bias response teams at a Virginia university. The Agenda: —Bias response teams —ACLU vs. NLRB —Florida's Stop Woke Act naw-dogged by Eleventh Circuit —Texas' law on minor access to explicit content at the Fifth Circuit —TikTok: Welcome to the culture war —Kevin Newsom's speech on text, history, and tradition —Be careful with tradition —Understanding standing doctrine —The Oscars and a good legal movie Show Notes: —Federalist Society 2024 National Student Symposium —The Volokh Conspiracy —Luis Parrales: The Oscars in an Age of Distraction —MIT legal complaint Learn more about your ad choices. Visit megaphone.fm/adchoices

David takes the first ten minutes to respond to Twitter trolls over his latest New York Times article before he and Sarah revisit their arguments over the Supreme Court’s per curium ruling on the Trump-Colorado case. The Agenda: —Defending the Supreme Court —Erasing the Constitution —Confusion over the Trump ruling —Consequentialism vs. originalism —Judicial restraint and originalism —Erasing Chevron —SCOTUS hears bump stock case —Explaining the string cheese factors Show Notes: -Kevin Williamson: Slate Publishes Gun-Control Fiction -Advisory Opinions Episode with Professor Amanda Tyler Learn more about your ad choices. Visit megaphone.fm/adchoices

The Supreme Court issued an unanimous decision on Monday dismissing efforts to block Trump from the Colorado ballot. Sarah and David review the ruling and then go on to  disagree about pretty much everything. Stay tuned for a feisty debate. The Agenda: -Colorado cannot remove Donald Trump from its ballot -SCOTUS not touching the "Did Donald Trump engage in insurrection or aiding the enemies of the United States?" question -Also not touching, "Is Trump an officer?" -5-4 ruling on who can enforce Section 3 of the 14th Amendment Show Notes: -Electoral Count Reform Act -Section 3 of the 14th Amendment -Colorado Supreme Court's Majority Opinion -Maine Secretary of State's original decision on removing Trump Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David have some legal catch-up to do but first on the docket is some rank punditry on Donald Trump's endless legal saga. The Agenda: —Why is there a delay on Trump’s cases? —David explains NetChoice v. Paxton —McElrath v. Georgia update —No Labels considers Nikki Haley —Dr. Phil’s our guy —Home Depot and free speech —NCAA name, image, likeness rules —AO dating app update Today's episode is supported by Burford Capital. Follow the link to learn more: http://burfordcapital.com/ao Learn more about your ad choices. Visit megaphone.fm/adchoices

Former U.S. Assistant Attorneys General Stephen Boyd and Jody Hunt, as well as U.S. Attorney for the Northern District of Alabama Prim Escalona join Sarah Isgur for a live recording of Advisory Opinions at the University of Alabama. The Agenda: —An update on the Alabama IVF ruling —To go to law school or not to go? —Private practice vs public service —Relationship and mom advice in high-stressed jobs —Audience QA Show Notes: —Chevron Deference discussed on Advisory Opinions. Today's episode is supported by Burford Capital. Follow the link to learn more: http://burfordcapital.com/ao Learn more about your ad choices. Visit megaphone.fm/adchoices

Judges Jennifer Elrod and Charles Eskridge join Sarah and David to explain the “inns” and outs of a special networking group for attorneys. The Agenda: —SCOTUS declines to hear TJ High School case[should we spell out?] —Harvard, antisemitic cartoons, and free speech —Biden’s authority to shut the border —The Inn of Court explained —Taylor Swift-themed parodies —Sarah sings for a second Show Notes: -Contact sam@smglawgroup.com for more information on the Houston showing Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David dive into an Alabama Supreme Court case designating embryos as minors and explain how this might affect abortion policy at large. The Agenda: —Has Alabama banned in vitro fertilization (IVF)? —Sarah’s experience with IVF —The post-Roe world —Climate scientist wins $1 million defamation case —Fani Willis and Nathan Wade take the stand —Donald Trump’s corporate death penalty —AO advice column: marrying a lawyer Show Notes: —David Lat's Original Jurisdiction Today's episode is supported by Burford Capital. Follow the link to learn more: http://burfordcapital.com/ao Learn more about your ad choices. Visit megaphone.fm/adchoices

Do people have a right to gun ownership even if it conflicts the “spirit of Aloha”? Sarah and David dig into a 53-page opinion from the Supreme Court of Hawaii that teeters on the edge of defiance. The Agenda: —Clarifying public accommodation and the anti-Zionist bookstore —Carrying a gun without a permit v. the Second Amendment —The Law of the Splintered Paddle —Bruen makes an appearance —Trump's briefs (to the Supreme Court) Show Notes: Today's episode is supported by Burford Capital. Follow the link to learn more: http://burfordcapital.com/ao Learn more about your ad choices. Visit megaphone.fm/adchoices