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 [email protected] 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