As we near the end of another Supreme Court term, speculation abounds over a Court retirement. Would the resulting nomination battle be more or less contentious than the appointment of Justice Kavanaugh? David and Sarah answer this thought experiment while also touching on the implications this scenario would have on the 2020 election. They also break down rulings on robocalls and faithless electors.

When and how can you constitutionally defend yourself? The question comes after a gun-toting St. Louis couple made a show of force against Black Lives Matter protesters. On a more lighthearted note, David concludes the podcast by interviewing Sarah on her career path and what landed her at The Dispatch.

Show Notes:

-Check out the Supreme Court’s rulings in the robocall case (Barr v. American Association of Political Consultants, Inc.) and the faithless electors case (Chiafalo v. Washington).

-Click here for a video of the Brooks Brothers militia v. BLM protesters standoff and be sure to read Andrew Egger’s interview with Stephen Mutowski in The Dispatch for an in-depth legal analysis of the incident. Be sure to check out David’sWashington Post 2018 piece on stand your ground laws.

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The Supreme Court denies cert to an abortion case, grants cert to a case over Mueller's secret evidence, and the Biden and Trump campaigns are lawyering up for 2020's final act. David and Sarah have thoughts.

Show Notes:

-Declan’s Dispatch profile on Tim Scott

-Hill v. Colorado

-June Medical Services v. Russo

-Masterpiece Cakeshop Ltd.  v. Colorado Civil Rights Commission

-Arlene’s Flowers Inc. v. Washington

-Whole Woman's Health v. Hellerstedt

-Box v. Planned Parenthood of Indiana and Kentucky, Inc.

-6E law on grand juries

-“Biden pulls together hundreds of lawyers as a bulwark against election trickery”

-“GOP recruits army of poll watchers to fight voter fraud no one can prove exists”

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Espinoza is finally here, and David and Sarah are here for a proper deep dive into the Supreme Court's decision. Plus their reflections on the legal and political implications of the court's June Medical ruling.

Show Notes:

-Supreme Court's Espinoza ruling

-Conservative groups see abortion ruling as catalyst for reelecting Trump

-The Chief Justices Battle over the Removal Power

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David and Sarah discuss another big day at the Supreme Court, from the court's decision to strike down a Louisiana abortion law to its ruling on the Consumer Financial Protection Bureau.

Show Notes:

-Our conversation with Louisiana's solicitor general

-Supreme Court's Louisiana abortion ruling

-Supreme Court's CFPB ruling

-David's Sunday newsletter

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David and Sarah discuss Joe Biden's polling lead in six swing states, the latest development in the Michael Flynn case, the Supreme Court ruling on asylum seekers, and free speech online.

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David and Sarah discuss the president's rally in Tulsa, the firing of the U.S. attorney in New York, the lawsuit over John Bolton's book, and they process last week's Supreme Court decisions.

Show Notes:

-David's Sunday newsletter

-Drew Griffin Twitter thread on Tulsa rally

-28 U.S. Code § 546. Vacancies

-Barr's statement on on the nomination of Jay Clayton

-Berman's statement on firing

-Trump remarks on Berman

-Barr's letter to Berman

-Ross Douthat on the Supreme Court

-Jack Balkin on the conservative legal movement

-Ezra Klein's podcast on polarization

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David and Sarah discuss the Supreme Court's ruling that blocks the Trump administration from ending DACA for now, return to their discussion over the Title VII ruling, and finish with the legal fight over John Bolton's book.

Show Notes:

-Supreme Court DACA ruling

-Cass Sunstein on Gorsuch Title VII opinion

-Atlanta Journal-Constitution piece on Bostock

-David's piece A Conservative Legal Chernobyl?

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The Supreme Court declined to take up new cases dealing with gun rights and qualified immunity. The court ruled that federal anti-discrimination laws protect gay and transgender employees. Lines are drawn on originalism vs. textualism. David and Sarah have thoughts.

Show Notes:

-Supreme Court cert denials

-Supreme Court Bostock opinion

-Sarah's guide to the top 10 cases

-Sarah's SCOTUS glossary

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It's Brisket Eve and David and Sarah are celebrating by diving into the latest polls on the protests around the country, the legal weeds of Confederate monuments, and answer the question, why does the rule against perpetuities get the people going? But the festivities don't end there, there's the Michael Flynn amicus curiae, Tom Cotton, and Gone with the Wind.

Show Notes:

-Michael Flynn brief

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David and Sarah discuss calls by protesters to "defund the police," ideas to reform police departments from no-knock raids to police unions, incorporation doctrine, and the miniseries 'Waco.'

Show Notes:

-David's Sunday newsletter

-There’s Never Been a Better Time to Abolish Qualified Immunity

-Justice Department Waco report

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