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

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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

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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

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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

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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.

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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

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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

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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

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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

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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

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