Advisory Opinions

David and Sarah talk about the Supreme Court as they discuss the fate of Trump's Migrant Protection Protocols, talk about yet another win for the First Amendment, and revisit Coach Kennedy's prayers. Then they move on to analyze one of the wildest and strangest qualified immunity cases yet and the prospects of Florida's social media censorship bill. Sarah ends with a potpourri of topics, including tales from the White House Correspondents Association dinner. Show Notes:-Shurtleff v. Boston-Biden v. Texas-David in The Atlantic: “Let Coach Kennedy Pray”-Supreme Court bingo-SCOTUSblog: “In sequel to McGirt, justices will again review scope of state prosecutorial power in Indian country”-Washington Post: “The suspect told police ‘give me a lawyer dog.’ The court says he wasn’t asking for a lawyer.”-Eleventh Circuit oral arguments recordings Learn more about your ad choices. Visit megaphone.fm/adchoices

It's a glorious podcast today as David and Sarah talk about a praying football coach, Miranda rights, and the hottest Supreme Court justices. They answer a key constitutional question: how undead is the Lemon Test? Show Notes:-SCOTUSblog: “Can you sue the police for Miranda violations?”-Kennedy v. Bremerton School District-PBS: “Chief Justice Roberts’ emotional tribute to retiring Justice Breyer”-Hottest Supreme Court justices? Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David talk about the First Amendment, 14th Amendment, Puerto Rico, and progressive legal philosophy. They start with a big Supreme Court case that makes David fall asleep, move on to Clarence Thomas' musings, and then finish with an enlightening and interesting conversation with Steve Vladeck, law professor at the University of Texas, about the shadow docket, Kagan originalism, and much, much more. Oh, and David ends with a movie recommendation. Since his pop culture recommendations are infallible, you'll want to listen to the end. Show Notes:-City of Austin v. Reagan National Advertising of Austin, LLC-Hill v. Colorado-United States v. Vaello Madero-New York Times: “Roberts Has Lost Control of the Supreme Court”-The Unbearable Weight of Massive Talent trailer Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah dive into the nationwide injunction ending the Biden administration's travel mask mandate, with Sarah adopting a "nope, yep, yep" approach to the decision and David countering with a "nope, yep, nope." They also discuss Gov. Ron DeSantis and the First Amendment and conclude with a rather amusing example of Uber getting exactly what it asked for… and not liking it at all. Show Notes:-Decision that struck down the federal mask mandate-David Latt: “Musings On Mizelle's Mask-Mandate Magnum Opus”-Ilya Somin: “Federal Court Rules Against CDC Transportation Mask Mandate”-Andrew McCarthy: “What’s Wrong and What’s Right about Judge Mizelle’s Mask-Mandate Decision”-O'Hare Truck Service, Inc. v. City of Northlake, 518 U.S. 712-Bloomberg: “Trump Lawyer Sticks Uber With $91 Million Arbitration Bill for 'Reverse Bias' Claims” Learn more about your ad choices. Visit megaphone.fm/adchoices

In a glorious pod about which songs will be sung and tales will be told, Sarah and David talk about our puzzling and arbitrary death penalty, briefly discuss a pronoun case, and then talk about change. Why aren't we the people we were 10 years ago? Finally, they ask and answer the question: Do we need more trial lawyers on the Supreme Court? Show Notes:-Supreme Court order list-Love v. Texas-French Press: “American Racism: We’ve Got So Very Far to Go”-National Review: “How the Supreme Court Became the Province of Cloistered Elites” Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah start with a short talk about Elon Musk and his quest to buy Twitter, then talk about a fascinating 6th Circuit concurrence that's the best two-page explainer of nationwide injunctions that's available anywhere, and they wind up with an extended discussion of library book bans, and how to judge what's best for kids. Show Notes:-House passes bill to honor Sandra Day O'Connor and Ruth Bader Ginsburg-Arizona, et al. v. Biden, et al.-PEN America: “Banned in the USA: Rising School Book Bans Threaten Free Expression and Students’ First Amendment Rights” Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David address the very interesting announcement that Elon Musk won’t be joining Twitter’s board, including the clues about the reason that are not-so-hidden in Twitter’s announcement. They also discuss the acquittals in the alleged kidnapping plot of Michigan Gov. Gretchen Whitmer, and they talk to Catholic University law professor Joel Alicea about his new law review article, “The Moral Authority of Original Meaning.” Sarah ends the podcast with an interesting question. Show Notes:-Joel Alicea: “The Moral Authority of Original Meaning”-“Why We Are Restless: On the Modern Quest for Contentment” by Benjamin Storey and Jenna Silber Storey Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah talk about a fascinating Supreme Court case that no one is discussing, unleash again on Yale Law School, and then spend the last few minutes on Sarah’s game show idea—a revolutionary combination of social science and dating advice. Plus, book recommendations! Show Notes:-Louisiana v. American Rivers-Thompson v. Clark-“Rethinking Sex: A Provocation” by Christine Emba-David in The Atlantic: “Consent Was Never Enough”-Christine Emba: “Consent is not enough. We need a new sexual ethic.”-“Powers and Thrones: A New History of the Middle Ages” by Dan Jones Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah have much to discuss in today's podcast. They walk through a troubling 4th Circuit decision on race-motivated changes to a Virginia school's admissions policy, discuss a huge defamation verdict against Oberlin College, dive into the Disney wars in Florida, and finish with a quick (fake) legal battle over the titanic Duke/UNC clash at the Final Four. Show Notes:-Coalition for TJ v. Fairfax County School Board-Gibson's Bakery v. Oberlin College-UNC law students got results Learn more about your ad choices. Visit megaphone.fm/adchoices

David and Sarah dive back into the free speech controversy at Yale and parse the difference between a statement being “disappointing,” “so disappointing,” and “bonkers town disappointing.” Then they talk about whether Trump committed a crime when he demanded that Mike Pence follow John Eastman’s legal advice. They end with a bit of fragrant Supreme Court potpourri that smells slightly like bacon. Show Notes:-A Message From Dean Gerken on the March 10 Protest-Eastman v. Thompson-Berger v. North Carolina State Conference of the NAACP-Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith-National Pork Producers Council v. Ross Learn more about your ad choices. Visit megaphone.fm/adchoices