On Wednesday, 17 state attorneys general filed amicus briefs in support of Texas Attorney General Ken Paxton’s lawsuit contesting the presidential election results in Pennsylvania, Georgia, Michigan, and Wisconsin. To make matters more interesting, President Donald Trump has said he will join the lawsuit and Texas Sen. Ted Cruz has agreed to argue the case in front of the Supreme Court. Tune in to today’s episode to hear why, in David’s words, “this Texas lawsuit as a legal and evidentiary matter is frivolous.” Today, David and Sarah also give us an update on Sidney Powell’s “Kraken” lawsuits and the Department of Justice’s antitrust lawsuit against Facebook. They wrap things up by answering some reader mail about law school.

 

Show Notes:

-Supreme Court’s one-sentence order denying injunctive relief to Rep. Mike Kelly.

-French Press: “The Kraken Is Lackin’.”

-Texas Attorney General Ken Paxton’s new lawsuit against Pennsylvania, Georgia, Michigan, and Wisconsin.

-The Morning Dispatch: “Checking in on the Trump Campaign Lawsuits.”

-The Federal Trade Commission’s lawsuit against Facebook.

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Naw Dog Doctrine

Advisory Opinions is a new podcast from The Dispatch. Hosts David French and Sarah Isgur have a weekly conversation about the law, culture, and why it matters.

News

Politics

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 falsification of business records
—Challenges of broad injunctions
—Idaho’s Vulnerable Child Protection Act
—SCOTUS exhausted with emergency docket applications
—Justices call to retire universal injunctions
—January 6 arguments before SCOTUS
—SCOTUS declines to intervene in a police lawsuit against a Black Lives Matter activist
—Obstructions in official proceedings
—Legal issues in the Iran-Israel conflict
Show Notes:
—Labrador v. Poe
—Counterman v. Colorado
—18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant
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Retire Universal Injunctions

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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The Enormous Powers of the President

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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Real Originalism Has Never Been Tried

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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Jack Smith Scolds Judge

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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Naw Dog Doctrine

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