We got some exquisite First and Second Amendment content for you today. David and Sarah discuss a Fifth Circuit decision to strike down the Trump administration ban on bump stocks. They then discuss whether a teacher has a right to wear a MAGA cap even if it engenders emotional reactions.

Show Notes:

Fifth Circuit Majority Opinion on Bump Stock bans

Gorsuch's dissent

Judge Elrod's musical talents

Summary from 9th U.S. Circuit Court of Appeals on MAGA hat and free speech

NYT: A Lecturer Showed a Painting of the Prophet Muhammad. She Lost Her Job.

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In this first episode of the new year, Sarah and David bring a smorgasbord of topics to the table. They cut through the confusion in the legal battle over Title 42 and the question of lingering pandemic law. Also: Comedian Jeff Ross makes headlines by unwittingly getting involved in a death penalty case, and the 11th circuit court of appeals hears a heated case involving a Florida school's transgender bathroom ban.

Oh and yes... David makes a bittersweet announcement.

Show Notes:

Supreme Court Ruling over Title 42

Texas death row Supreme Court appeal involves Jeff Ross Comedy Central roast

U.S. appeals court upholds Florida high school's transgender bathroom ban

Article: Supreme Court off to a slow start

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Vaccine mandates! Title 42 and border policy! Twitter Files updates! Electoral Count Act! “The Imperial Supreme Court”! FedSoc/Sate showdown! Sarah and David are marathoning through topics in the hope of placating the wrathful law gods and preempting a Christmas-time emergency pod. (Knock on wood.)

Show Notes:

-Adam Liptak’s New York Times piece on the supremacy of the judicial branch

-Mark Joseph Stern’s interview with Judge Pryor for Slate

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Sarah and David look at the latest Twitter Files revelations, and consider whether they point to First Amendment concerns. They also look at the first case about transgender athletes making its way to the Supreme Court. Sarah then breaks down the grammatical debate happening in the comments section with a closing statement on why she was right, although rather unintentionally.

Show Notes:

-Philip Hamburger’s Wall St. Journal piece

-Title IX

-Kevin Stroud talks history of the English language on AO

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It’s a lighting-round AO! David and Sarah start with updates on the Loudoun County scandals, the travails of Biden’s student loan forgiveness plan, and the sanctioning of Stop the Steal lawyers. They then turn to the least palatable of topics and discuss Section 230 and social media’s liability (or lack thereof) in the spread of child pornography.

Show Notes:

-Challenges to Biden’s student loan forgiveness reach SCOTUS

-The 10th Circuit sanctions Stop the Steal lawyers

-Reason’s Elizabeth Nolan Brown on Twitter, sex trafficking, and Section 230

-David on Serena Fleites v. MindGeek

-David on America’s child pornography crisis

-Prince William and Kate’s Christmas photo

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Oral arguments on Biden's immigration (in)action push the Supreme Court to decide on the meaning of "shall," and to wrestle with the upshot of two government branches unwilling to do their jobs. David notices that Loudoun County is gaining national notoriety (again!). Plus: Can legal wins for religious freedom lead to a culture war cool down?

Show Notes:

-David's Loudoun county aside

-David's religious freedom aside

Producer note: if you're ready to get serious about your spicy takes...

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In an all-star hearing, the Supreme Court considers a melange of legal and philosophical arguments concerning the “independent state legislature” doctrine. But first, David and Sarah revisit 303 Creative and debate the Tough (with a capital T) line between law and morality. Also: Should Judge Cannon be impeached?

Out of context: “For the record, Sarah, there are Mean Girls in Dune.”

Show Notes:

-J. Michael Luttig for The Atlantic against the Independent State Legislature doctrine

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Finally, the Supreme Court hears arguments on Creative 303, the case that asks whether a web designer can refuse to provide her services for a gay wedding. And the hearing was... a mess! Also: The 11th Circuit shuts down the Special Master's review of Mar-a-Lago documents. David and Sarah sum up the ruling as “predictable, even quasi inevitable," while debating whether or not it "dunked" on judge Cannon.

Show Notes:

-303 Creative Oral Argument

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The AO marathon continues as David and Sarah catch up on Supreme Court hearings. In this feature-length episode, they explore the line between lobbying and bribery, raise eyebrows at the historicity of the "independent legislature" argument, and debate the extent to which the 303 Creative case is about speech. Also: the Jan. 6 prosecutors may have caught their white whale.

Show Notes:

-Oath Keepers founder convicted

-303 Creative’s oral argument

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It's censor v. censor, as politicians, academics, and journalists from left to right fight over who gets to block whose free speech. Plus: David and Sarah reconsider their comments about the alleged Alito leak.

Show Notes:

-Novoa v. Diaz

-Villarreal v. Laredo, Texas

-Reason Magazine on the stakes of Villarreal’s lawsuit

-David’s piece on the meaning of religious freedom

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