Advisory Opinions

Sarah and David discuss oral arguments in Grants Pass v. Johnson, a Supreme Court case addressing the issue of homeless people camping on public property, as well as and the 4th Circuit ruling that blocked West Virginia's law blocking transgender athletes from participating in sports. The Agenda: —SCOTUS hears Grants Pass v...

There’s not much worth discussing yet in Donald Trump’s criminal trial in New York, so Sarah and David focus on the Supreme Court and a case on Idaho’s law restricting gender-transition treatment for minors. Plus: Murmurs about Clarence Thomas’ brief absence...

Co-authors Jack Goldsmith and Bob Bauer join the podcast to discuss their book, After Trump: Reconstructing the Presidency, and the need to reform presidential power. But first, a protest and a dinner party at a Berkeley Law School dean's house. Did the location qualify as a public forum? Sarah and David evaluate...

Sarah and David explain the jury questionnaire in Alvin Bragg’s case against Donald Trump before getting into the weeds of the origins of originalism. The Agenda: —How to select a jury for Trump —Celebrity trial jury instructions —Biden swings again at student loan forgiveness —Did the Warren court birth originalism? —Originalism vs...

Things get heated in Trump’s classified documents case. In a court filing this week in Donald Trump’s classified documents case, special counsel Jack Smith challenged Judge Aileen Cannon by vowing to appeal any decision that included the Presidential Record Act in jury instructions. David and Sarah discuss Smith's public move and what it means for the case...

Sarah and David dive into two op-eds challenging the Federalist Society and the call for lawyers to uphold the tradition of liberty under law. The Agenda: —Mayfield v...

Federal Judges Roy Altman, Lee Rudofsky, and Amul Thapar join Sarah and David to discuss their recent trip to Israel along with 11 other federal judges that focused on the question of the day: Is Israel complying with international law as it pursues its war against Hamas in Gaza? The Agenda: —The purpose of the judges’ trip —Walking through the locations of the October 7 attack —Gruesome tactics by Hamas —Military authority in Israel —Israel’s legitimacy as a nation-state —Debunking the...

Sarah and David discuss the legal arguments and media spin around the Mifepristone abortion pill case. The Agenda: —Mifepristone at the Supreme Court —SCOTUS and the 5th Circuit —Arresting a 72-year-old woman —The "Burning Man" festival of Alaska —Red brief, green brief, orange brief too —The stigma of the green bubbles and the DOJ's antitrust case against Apple Show Notes: —Oral argument transcript, FDA v. Alliance Hippocratic Medicine —Federal Judge Roy J...

In this double-guest special, David Lat shares his original reporting on the exodus of Judge Aileen Cannon’s clerks and its implications for Trump's classified documents case. Judge David Proctor of the Northern District of Alabama then joins to explain the history and function of the federal judiciary and its committees, including the Judicial Conference...

Sarah and David dive into the battle (one that at times stumps our resident SCOTUS wonks) between the 5th Circuit and the Supreme Court on Texas’ deportation legislation. The Agenda: —Texas’ SB4, explained —Important legal glossary —The issue with administrative stays —Why the delay at the Fifth Circuit? —Opinion in chambers from Justice Roberts —FBI No-Fly List Case —First Amendment and Government Coercion —NRA free speech battle —Listener feedback Learn more about your ad choices...