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Advisory Opinions

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25 snips
May 22, 2025 • 1h 16min

You’re Wrong About Originalism

William Baude, a Professor at the University of Chicago Law School and an expert in constitutional law, dives into the origins and evolution of originalism. He discusses how historical figures like Robert Bork influenced this legal approach, shedding light on the contrasting perspectives on constitutional interpretation. The conversation also touches on recent Supreme Court cases and their implications for civil rights, highlighting the intricate balance between law and language. Baude's insights reveal the ongoing debates and relevance of originalism in today's legal landscape.
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7 snips
May 20, 2025 • 1h 49min

A Charge on Gettysburg

In a captivating discussion, Judge Kevin Newsom, known for his humility during his time clerking for Justice Souter, shares insights into Souter's independent judicial philosophy. Judges Chad Radler and Jeffrey Sutton recount their annual Legal Eagles trip to Gettysburg, unpacking the Civil War's impact on constitutional law. They delve into the often-overlooked tale of soldier Thomas Drummond, revealing how individual stories shape our understanding of history. Together, they explore themes of leadership, legacy, and the enduring relevance of the Civil War in today's legal landscape.
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20 snips
May 15, 2025 • 1h 8min

LIVE: SCOTUS Hears Birthright Citizenship Case

Amy Howe, a Supreme Court journalist, joins legal commentator David Lat and Zachary Shemtob of SCOTUSblog to examine the recent Supreme Court case on birthright citizenship. They discuss the implications of Trump’s executive order and the surprising skepticism from justices about the government's arguments. The trio dives into the complexities of universal injunctions and class actions, revealing how judicial philosophies impact future legal decisions. Expect insights on political dynamics and the unpredictability of the Court's rulings.
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15 snips
May 13, 2025 • 58min

The Clash of Culture and Employment Rights

In a riveting discussion, the hosts tackle the contentious intersection of free speech and employment rights, sparked by a case involving a pro-life airline employee. They dive into legal complexities surrounding student expression, examining a t-shirt controversy that raises questions about First Amendment rights in schools. Historical perspectives from Gettysburg lend depth to their analysis of America's dual foundations and the ongoing cultural wars. Plus, they explore the implications of workplace discrimination laws and the significance of the Women's March within union dynamics.
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11 snips
May 8, 2025 • 1h 7min

Actual Animus

A lively discussion unfolds around President Trump’s transgender military policy, examining the complexities of military standards and judicial authority. The speakers tackle legal challenges surrounding service members with gender dysphoria and ponder whether the Supreme Court harbors animus against transgender individuals. They also explore a Jacksonville ordinance limiting adult performers, dissect the intricacies of originalism versus free speech rights, and balance the scales between precedent and justice in the context of constitutional protections.
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26 snips
May 6, 2025 • 1h 9min

Right-on-Right Violence

Amy Howe, a Supreme Court analyst at SCOTUSblog, and David Lat, a legal commentator and founder of Original Jurisdiction, dive into the heated debate surrounding the St. Isidore of Seville religious charter school case. They discuss the classification of public versus private schools and the implications for educational policy. The conversation also touches on Justice Barrett's recusal and whether Chief Justice Roberts might become the deciding vote. Additionally, they explore the complexities of birthright citizenship and its potential legal ramifications in current cases.
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26 snips
May 1, 2025 • 1h 3min

Are Religious Charter Schools Legal?

A lively discussion dives into the contentious issue of religious charter schools and the upcoming Supreme Court decision on their legality. The hosts analyze Justice Gorsuch's pivotal role and the implications for the establishment clause. They also explore a mistaken FBI raid, highlighting the intricacies of law enforcement liability. Amid humor, personal anecdotes, and reflections on old navigation methods, the conversation captures the evolving landscape of public education and the intersection of religion and state funding.
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37 snips
Apr 29, 2025 • 1h 27min

The Arrest of Judge Hannah Dugan

Amy Howe, a reporter for SCOTUSblog and a key voice in legal journalism, joins the discussion alongside David Lat. They dive into the intriguing case of Judge Hannah Dugan's arrest and its implications for judicial accountability. The conversation also explores the potential for cameras in the Supreme Court, weighing transparency against the risks of sensationalism. Additionally, they dissect the complexities of judicial immunity and recent landmark cases impacting employment discrimination, setting the stage for pivotal discussions in the legal landscape.
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8 snips
Apr 24, 2025 • 1h 13min

SCOTUSblog, Welcome to The Dispatch

Amy Howe, the voice of SCOTUSblog, joins Sarah Isgur and David French to discuss the news of The Dispatch’s acquisition of SCOTUSblog. Also: What's the equity in equity dockets?The Agenda:—SCOTUSblog joins The Dispatch—Puppies (and pride?)—Harvard fights back—Equity dockets, revisited Show Notes:—Read more on the acquisitionAdvisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
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33 snips
Apr 22, 2025 • 1h 12min

Judge v. (Unethical) Lawyer

Sarah Isgur and David French react to Donald Trump’s latest legal battles and talk to friend of the pod Judge Amul Thapar about his new wellness Substack.\The Agenda:—Birthright citizenship oral argument—Trump's use of Alien Enemies Act blocked—The FAFO bucket—Criminal contempt proceedings against the Trump administration—'An opinion for the ages'—Judges Thapar’s wellness adviceShow Notes:—Justice Alito's dissent on Alien Enemies Act—William Baude on the birthright citizenship oral argumentAdvisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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