Advisory Opinions

Dive into the complexities of campaign finance reform as Sarah Isgur and David French discuss landmark Supreme Court cases. They decipher the implications of recent arguments on school vaccine mandates and examine a street preacher's constitutional rights. The duo navigates the murky waters of super PACs versus traditional party structures. They also analyze the strategic recruitment of candidates like Jasmine Crockett for the Texas Senate. Expect insights on the evolving electoral landscape and how it's shaping modern politics.

In this insightful discussion, Adam White, a Senior Fellow at AEI and expert on administrative-state theory, joins Supreme Court reporter Amy Howe to explore the implications of *Slaughter v. United States*. They delve into the surprising lack of focus on the FTC during arguments and highlight Justice Gorsuch's views on executive power. Amy shares her behind-the-scenes observations of the courtroom dynamics, while the hosts discuss the potential outcomes for Humphrey's executor and the evolving nature of the administrative state, bridging Reaganite ideals with Rooseveltian methods.

Dive into the intriguing legal battle of Trump v. Slaughter, exploring the origins of the modern administrative state and the rise of independent agencies. Uncover the complexities of the unitary-executive theory and its critiques from Scalia. Listen as Sarah and David discuss the historical context of landmark decisions like Humphrey's Executor and the implications for the FTC. They also tackle divisive topics like politicized attorneys general and the challenges of military justice, making for a captivating legal conversation.

The hosts dive into Defense Secretary Hegseth's controversial military orders regarding drug-trafficking boats, dissecting the legality and implications of 'kill everybody' directives. They address the ramifications of legal decisions on combat and explore the Pentagon’s personnel turmoil. The discussion also touches on the 11th Circuit's sanctions against Trump’s legal team, scrutinizing the impact of loyalty over competence. Additionally, they review key Supreme Court advocacy moments and criticize a documentary for lacking legal depth.

In this engaging discussion, Adam White, co-director of the C. Boyden Gray Center at Antonin Scalia Law School, dives into the future of the administrative state. He explores key issues like the Roberts Court's handling of administrative law, the significance of interim Supreme Court orders, and the implications of INS v. Chadha on legislative power. Adam warns that removing the independence of agencies risks centralizing power in the presidency and discusses the potential revival of Congress's policymaking role. It's a thought-provoking look at the intersection of law and political dynamics.

Unravel the details of the dismissal of criminal charges against James Comey and the implications of the Texas redistricting case. Dive into the complexities of the Vacancies Reform Act and whether the government can refile charges. Discover the tensions between partisan and racial gerrymandering, and the significance of GVR orders regarding the Confrontation Clause. Additionally, explore border metering and the practical realities of asylum policies alongside a sprinkle of Thanksgiving reflections.

In this discussion, Judge Jerry Smith's striking dissent on Texas's redistricting sparks debate over judicial conduct. The hosts unpack the complexities of voting rights and the implications of recent grand jury proceedings involving James Comey. Unexpected topics also arise, from the humor in Sudafed mishaps to the curious world of black market parrot deals. The conversation highlights the tension between legal processes and political motivations, making for an engaging exploration of current events.

Jonathan Karl, a veteran political journalist and author of 'Retribution,' dives into the intricate web of Donald Trump's legal troubles and their implications for the 2024 campaign. He discusses how the New York hush-money case set a provocative tone for public perception. Karl also touches on the pace of DOJ investigations and shares insights on Trump's contentious decision to pardon January 6 participants. Through engaging anecdotes, he illustrates the dramatic fallout from these legal battles and their significant political ramifications.

A compelling discussion unfolds around the nondelegation doctrine and Congress's authority to delegate. The legal implications of Dave Portnoy’s recent confrontation are examined alongside the troubling nuances of the disturbing the peace statute. There's a spotlight on notable Supreme Court cases, including the potential reevaluation of tribal plenary power. Additionally, the rights of service members in military strikes are analyzed, alongside proposed reforms for heightened accountability of federal officers. Expect engaging legal insights and contemporary relevance throughout.

Judge Jennifer Elrod, Chief Judge of the U.S. Court of Appeals for the Fifth Circuit, addresses the judicial funding crisis and its stark impact on court operations. She reveals the struggles faced by CJA attorneys, who have gone unpaid since July, and discusses the constitutional and practical consequences of prolonged funding gaps. Elrod highlights the importance of action from Congress and shares insights into her role as a chief judge, navigating challenges while ensuring the judiciary functions effectively.