As they consider the meaning of Robert Hur’s appointment as Special Counsel, Sarah and David cast a wish to the universe that top officials be held accountable for mishandling classified documents (or that they just stop doing that). They also discuss whether collegiality is declining among Supreme Court justices, take the pulse of religious liberty in the law, briefly discuss Fairfax county’s “war on merit” controversy, and offer a simple-to-follow definition of academic freedom.
-”Should have no impact”
-Steven Mazie on SCOTUS collegiality
-The president of Hamline University responds
-The latest from Fairfax County
-David on the ruling out of Eugene, Oregon

Learn more about your ad choices. Visit megaphone.fm/adchoices

Stop Doing This

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

Sarah and David discuss oral arguments in Grants Pass v. Johnson, a Supreme Court case addressing the issue of homeless people camping on public property, as well as and the 4th Circuit ruling that blocked West Virginia's law blocking transgender athletes from participating in sports.
The Agenda:
—SCOTUS hears Grants Pass v. Johnson
—Necessity defense and cannibalism
—4th Circuit ruling on trans sports ban in West Virginia
—SCOTUS rules on Title VII case
—Biden expands Title IX ruling
—Campus due process and Columbia protesters
Show Notes:
—Casey Mattox on local governments stopping churches from helping the homeless
Learn more about your ad choices. Visit megaphone.fm/adchoices

Lady Law and Homeless Encampments

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
Learn more about your ad choices. Visit megaphone.fm/adchoices

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
Learn more about your ad choices. Visit megaphone.fm/adchoices

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
Learn more about your ad choices. Visit megaphone.fm/adchoices

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
Learn more about your ad choices. Visit megaphone.fm/adchoices

Stop Doing This

Download our free app to listen on your phone