Advisory Opinions

David and a particularly congested Sarah plan to forward this especially packed AO straight to the Supreme Court. Does the Eighth Amendment enshrine a felon's right to vote and do people really think Jews have horns? Plus:-Trump protective order battle-Ghost gun regulation-Southwest Airlines attends religious liberty training-Butterfly knives and commercial firearm sales-Ohio ballot initiative-College football names-What if Saturn was where our Moon is?Show notes--David's NYT column: I Don’t See a ‘Rogue’ Supreme Court Learn more about your ad choices. Visit megaphone.fm/adchoices

UC Berkeley law professor Orin Kerr joins David and Sarah to explain how Fourth Amendment jurisprudence applies to a digital age. Do you have an expectation of privacy online? Can terms of services null your right against unreasonable searches and seizures? But first Sarah generously offers David time to rant about certain legal takes surrounding Trump’s most recent indictment. Plus:-David’s (recent) paintball career-What is general public use?-Are pole cameras unconstitutional?Show notes--Section 241 and the First Amendment in the Duke Law Journal-Professor Kerr’s profile at Berkeley Law-Professor Kerr's Twitter profile-Professor Kerr's writing for The Volokh Conspiracy Learn more about your ad choices. Visit megaphone.fm/adchoices

Special counsel Jack Smith brings another round of charges against Donald Trump, this time concerning the former president's attempts to subvert the results of the 2020 election. How does this indictment compare with the previous two? Will prosecutors be able to prove Trump was knowingly lying about the election? Does the indictment change anything for Trump? And is the country ready for this trial? Plus:-Naming the co-conspirators-Weighing up the other indictments-Trump's campaign boost-An encouraging end note on our justice systemShow Notes:-The Collision newsletter-David's column Learn more about your ad choices. Visit megaphone.fm/adchoices

Justice Samuel "Spicy" Alito returns to the pages of The Wall St. Journal with a flaming-hot interview and Sarah and David are here to unpack it. (And we all thought this is going to be a short pod!) Plus:-The rise of judicial voters-Why flying United is bad (according to Hugh Hewitt)-Who's paying for Trump's legal fees?Show Notes:-Alito's interview in the Wall Street Journal-Original Jurisdiction with David Lat Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah Isgur and David French answer questions around the legal troubles of Donald Trump and Hunter Biden, including:-Drained swimming pools and deleted documents-How is Hunter Biden in good standing with the DC Bar?-David’s 10PM runsShow Notes:-"It's Seven Grandkids Mr. President"-Has the Supreme Court fixed qualified immunity doctrine yet? Learn more about your ad choices. Visit megaphone.fm/adchoices

Three qualified immunity cases are thoroughly analyzed in a particularly depressing AO episode, but first David and Sarah talk through an injunction on asylum seekers some are calling “Trump-Lite”, plus:-Broken immigration systems-Say it with me folks, “Congress, do your job.”-Too much too soon too fast-Courts not complying with qualified immunity statutes-Does Congress have better things to show rather than Hunter Biden revenge porn?-Advice to prospecting law students-Small town gossip and country songs-Sarah’s victory lap around Hunter Biden plea deal-Be nice to the docketing clerksThis episode is sponsored by FIRE. FIRE's mission is to safeguard and uphold the right of all Americans to freedom of speech. Be a part of the front line of a growing movement by joining the FIRE Update.Show Notes:-Update: AO still has the best listeners-Ilya Somin for Reason, "Supreme Court Rules Red"-David Lat's Original Jurisdiction Substack-One Billion Americans: The Case for Thinking Bigger Learn more about your ad choices. Visit megaphone.fm/adchoices

It is NOT the doldrums of this podcast. Sarah and David have prepared a sufficiently full pod starting with Trump's looming federal indictment. Also:-Alabama's creative response to SCOTUS-Did Alabama defy the ruling?-New study of college admissions: being rich might be helpful-Listener questions about the Two Bronze Doors -We'll see you in a few minutes...This episode is sponsored by FIRE. FIRE's mission is to safeguard and uphold the right of all Americans to freedom of speech. Be a part of the front line of a growing movement by joining the FIRE Update. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David reach peak AO and fulfill their promise of delivering something stratospherically nerdy. Judge Charles Eskridge for the Southern District of Texas has written a 56-page history of the Supreme Court building... and specifically its 17-foot, 13-ton bronze doors. Judge Eskridge tells the story depicted on the door's eight panels and what it says about our history of ordered liberty.This episode is sponsored by FIRE. FIRE's mission is to safeguard and uphold the right of all Americans to freedom of speech. Be a part of the front line of a growing movement by joining the FIRE Update.Show Notes:-“We’ll Be Back” performed by Judge Eskridge and Judge Elrod-Judge Eskridge’s publications-Where Judge Eskridge’s Bronze Doors Paper will be published Learn more about your ad choices. Visit megaphone.fm/adchoices

Amanda Tyler, the Shannon C. Turner Professor of Law at Berkeley, joins Sarah and David for post-SCOTUS term talk. They finally give Mallory v. Norfolk Southern Railway Co. some love, and also:-General jurisdiction and interstate commerce-Graphics in opinions-Habeas Corpus: Is Lincoln the good guy or the bad guy?-Justice Ruth Bader Ginsburg-Advisory Opinions spinoff?-Amanda Tyler's profile at BerkeleyThis episode is sponsored by FIRE. FIRE's mission is to safeguard and uphold the right of all Americans to freedom of speech. Be a part of the front line of a growing movement by joining the FIRE Update. Learn more about your ad choices. Visit megaphone.fm/adchoices

Kannon Shanmugam rejoins Sarah and David for another SCOTUS opinion wrap-up and barbecue showdown for this live taping in front of a lucky audience of summer associates. The trio discuss the implications of SCOTUS cases versus the notoriety of them and:-Sarah and David’s SCOTUS beefs-Sarah’s impasse for longer arguments and more cases-Attire for oral arguments (don’t forget the lucky suspenders)-A review of Judge Jackson’s first term-Barbecue and burger debates-Summer Associate questionsShow Notes:-Matt Levine for Bloomberg Opinion on Twitter/Musk saga Learn more about your ad choices. Visit megaphone.fm/adchoices