Advisory Opinions

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

Following Sarah's personal tribute to the incomparable Will Consovoy, Sarah and David wade through the news about Biden's mishandling of classified documents and wonder about its implications on the Mar-a-Lago case. Then, David checks in the Georgia grand jury about Trump's alleged election interference, and a Sarah reviews two SCOTUS arguments, one concerning attorney-client privilege and union strikes. Finally, Sarah and David joyfully examine the true value of noncompete clauses.Show Notes:In Memory: Will ConsovoyNYT: Biden Lawyers Find Classified Material At His Former OfficeThe Dispatch: Dueling Documents CaseCNN: Georgia grand jury investigating Trump and 2020 election aftermath completes its workIn re Grand Jury argrument transcriptsGlacier Northwest, Inc. v. International Brotherhood of Teamsters argument transcriptsFTC Proposes Rule To Ban Noncompetes  Learn more about your ad choices. Visit megaphone.fm/adchoices

We got some exquisite First and Second Amendment content for you today. David and Sarah discuss a Fifth Circuit decision to strike down the Trump administration ban on bump stocks. They then discuss whether a teacher has a right to wear a MAGA cap even if it engenders emotional reactions.Show Notes:Fifth Circuit Majority Opinion on Bump Stock bansGorsuch's dissentJudge Elrod's musical talentsSummary from 9th U.S. Circuit Court of Appeals on MAGA hat and free speechNYT: A Lecturer Showed a Painting of the Prophet Muhammad. She Lost Her Job.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this first episode of the new year, Sarah and David bring a smorgasbord of topics to the table. They cut through the confusion in the legal battle over Title 42 and the question of lingering pandemic law. Also: Comedian Jeff Ross makes headlines by unwittingly getting involved in a death penalty case, and the 11th circuit court of appeals hears a heated case involving a Florida school's transgender bathroom ban.Oh and yes... David makes a bittersweet announcement.Show Notes:Supreme Court Ruling over Title 42Texas death row Supreme Court appeal involves Jeff Ross Comedy Central roastU.S. appeals court upholds Florida high school's transgender bathroom banArticle: Supreme Court off to a slow start Learn more about your ad choices. Visit megaphone.fm/adchoices

Vaccine mandates! Title 42 and border policy! Twitter Files updates! Electoral Count Act! “The Imperial Supreme Court”! FedSoc/Sate showdown! Sarah and David are marathoning through topics in the hope of placating the wrathful law gods and preempting a Christmas-time emergency pod. (Knock on wood.)Show Notes:-Adam Liptak’s New York Times piece on the supremacy of the judicial branch-Mark Joseph Stern’s interview with Judge Pryor for Slate Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David look at the latest Twitter Files revelations, and consider whether they point to First Amendment concerns. They also look at the first case about transgender athletes making its way to the Supreme Court. Sarah then breaks down the grammatical debate happening in the comments section with a closing statement on why she was right, although rather unintentionally.Show Notes:-Philip Hamburger’s Wall St. Journal piece-Title IX-Kevin Stroud talks history of the English language on AO Learn more about your ad choices. Visit megaphone.fm/adchoices

It’s a lighting-round AO! David and Sarah start with updates on the Loudoun County scandals, the travails of Biden’s student loan forgiveness plan, and the sanctioning of Stop the Steal lawyers. They then turn to the least palatable of topics and discuss Section 230 and social media’s liability (or lack thereof) in the spread of child pornography.Show Notes:-Challenges to Biden’s student loan forgiveness reach SCOTUS-The 10th Circuit sanctions Stop the Steal lawyers-Reason’s Elizabeth Nolan Brown on Twitter, sex trafficking, and Section 230-David on Serena Fleites v. MindGeek-David on America’s child pornography crisis-Prince William and Kate’s Christmas photo Learn more about your ad choices. Visit megaphone.fm/adchoices

Oral arguments on Biden's immigration (in)action push the Supreme Court to decide on the meaning of "shall," and to wrestle with the upshot of two government branches unwilling to do their jobs. David notices that Loudoun County is gaining national notoriety (again!). Plus: Can legal wins for religious freedom lead to a culture war cool down?Show Notes:-David's Loudoun county aside-David's religious freedom asideProducer note: if you're ready to get serious about your spicy takes... Learn more about your ad choices. Visit megaphone.fm/adchoices

In an all-star hearing, the Supreme Court considers a melange of legal and philosophical arguments concerning the “independent state legislature” doctrine. But first, David and Sarah revisit 303 Creative and debate the Tough (with a capital T) line between law and morality. Also: Should Judge Cannon be impeached?Out of context: “For the record, Sarah, there are Mean Girls in Dune.”Show Notes:-J. Michael Luttig for The Atlantic against the Independent State Legislature doctrine Learn more about your ad choices. Visit megaphone.fm/adchoices

Finally, the Supreme Court hears arguments on Creative 303, the case that asks whether a web designer can refuse to provide her services for a gay wedding. And the hearing was... a mess! Also: The 11th Circuit shuts down the Special Master's review of Mar-a-Lago documents. David and Sarah sum up the ruling as “predictable, even quasi inevitable," while debating whether or not it "dunked" on judge Cannon.Show Notes:-303 Creative Oral Argument Learn more about your ad choices. Visit megaphone.fm/adchoices