Advisory Opinions

Advisory Opinions episodes:

• 04.23.2024

  Lady Law and Homeless Encampments

  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...

  
• 04.18.2024

  Retire Universal Injunctions

  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...

  
• 04.16.2024

  The Enormous Powers of the President

  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...

  
• 04.11.2024

  Real Originalism Has Never Been Tried

  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...

  
• 04.09.2024

  Jack Smith Scolds Judge

  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...

  
• 04.04.2024

  The Federalist Society in Peril

  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...

  
• 04.02.2024

  Federal Judges Examine The Israel-Hamas War

  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...

  
• 03.28.2024

  What the Abortion Pill Case Is Really About

  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...

  
• 03.26.2024

  Judge Cannon's Clerkship Problem

  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...

  
• 03.21.2024

  Into the Labyrinth (of Texas Immigration Law)

  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...

  
• 03.19.2024

  Can State Officials Block Me on Social Media?

  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...

  
• 03.14.2024

  Blood Libel at MIT

  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...

  
• 03.12.2024

  Stopping the Stop Woke Act

  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...

  
• 03.07.2024

  David Responds to Trolls

  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...

  
• 03.05.2024

  Indictment Watch: The Supreme Court Decides Whether States Can Disqualify Trump

  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...

  
• 02.29.2024

  Sore Losers and Dr. Phil

  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...

  
• 02.27.2024

  Live from Alabama

  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...

  
• 02.22.2024

  Taylor Swift and the Magna Carta

  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...

  
• 02.20.2024

  Alabama Against IVF

  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...

  
• 02.15.2024

  Guns and the Aloha State

  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...

  
• 02.13.2024

  Ignore the Gaslighters on the Hur Report

  Memory issues, ghost writers, and presidential prosecutions. Media outlets are cherry picking bits and pieces from the Hur Report on Biden’s handling of classified documents, but Sarah and David spend a full episode analyzing its legal standards and implications. The Agenda: —Disclosing...

  
• 02.09.2024

  Do Your Job ... SCOTUS

  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....

  
• 02.07.2024

  Indictment Watch: No Immunity

  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...

  
• 02.06.2024

  The Problem With Multidistrict Litigation

  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...

  
• 02.01.2024

  Reading the Founders’ Minds

  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...

  
• 01.30.2024

  Why Our Border Is Broken

  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...

  
• 01.25.2024

  What Is Religion?

  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...

  
• 01.23.2024

  Big Law Has a Liberal Bias (Live from Vanderbilt University)

  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...

  
• 01.19.2024

  Bad Facts for Chevron

  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...

  
• 01.16.2024

  Dumb But Constitutional

  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:...

  
• 01.11.2024

  The Presidential Assassination Argument

  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...

  
• 01.09.2024

  En Bonkers Opinion

  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...

  
• 01.04.2024

  Getting Things Back In Order

  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...

  
• 12.28.2023

  2023 Year In Review And 2024 Predictions (With David Lat)

  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

  
• 12.20.2023

  Colorado Court Blocks Trump from '24 Ballot. Now What?

  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...

  
• 12.19.2023

  Another Dobbs Leak!

  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...

  
• 12.14.2023

  Is Donald Trump 'Absolutely Immune'?

  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...

  
• 12.12.2023

  Clients Don't Always Listen

  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...

  
• 12.07.2023

  Students Call for Genocide, Presidents Smirk

  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...

  
• 12.05.2023

  Bionic Judges

  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...

  
• 11.30.2023

  Inconsistent and Repugnant

  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...

  
• 11.28.2023

  Story Time for Fed Court Nerds

  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...

  
• 11.21.2023

  Hamburger Mary's Risqué Drag Show

  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...

  
• 11.16.2023

  The New Supreme Court Ethics Code Is...Okay?

  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...

  
• 11.14.2023

  Bari Weiss: Fight, Fight Fight

  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...

  
• 11.09.2023

  Solicitor General 9000

  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...

  
• 11.02.2023

  Getting Blocked on Social Media

  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...

  
• 10.31.2023

  Due Processes vs. Defamation

  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...

  
• 10.26.2023

  Mailbag: Majority Rule and Philosophy Majors

  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....

  
• 10.24.2023

  Biden's Coercive Social Media Tactics

  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...