Episodios

  • Justice Stephen Breyer: Law Is Not a Science
    Jun 25 2024
    In a special live recording from San Francisco in late May, Sarah interviewed former Supreme Court Justice Stephen Breyer about his judicial philosophy, the future of the court, and accepting dissent in America. The Agenda: — How snails explain the Supreme Court — To recuse or to not recuse? — The Court’s public approval and its response to public approval — Rule of law — Unenumerated rights — Humor in the Court — Audience questions Show Notes: — Stephen Breyer’s Reading the Constitution — The Education of Henry Adams — Edith Wharton’s The Age of Innocence — Willa Cather’s The Professor’s House — Mahanoy Area School District v. B.L.: The “Angry cheerleader” SCOTUS case — Brown v. Board of Education & The Little Rock School Integration Crisis — District of Columbia v. Heller — Poe v. Ullman Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    1 h y 26 m
  • Rahimi Is Here and It Is Glorious
    Jun 22 2024
    The Supreme Court has decided 8-1 in favor of the government in United States v. Rahimi. Sarah and David break down the decision before getting to a few sleeper cases from the day.The Agenda: —“Y’all misunderstood Bruen” —History is instructive, not binding —18th-century policy vs. 21st-century problems —The future of gun control —“Bad man stays in jail” doctrine —Trump’s SCOTUS nominees in a second term —“SCOTUS should have never taken Rahimi” —Sleeper cases Show Notes: —Sarah’s “bad man stays in jail” tweet —Chris Hayes’ tweet Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    1 h y 14 m
  • Squirrely Religious Expression
    Jun 20 2024
    Awaiting a week full of emergency pods, Sarah and David discuss latest round of SCOTUS opinions and take a look at a religious expression case. The Agenda: —Your foreign earnings are taxable —Malicious prosecutions, do they fall under the charge-specific rule or any-crime rule? —The Fifth Circuit was wrong —Defining expert testimony —Louisiana's Ten Commandment's law Show Notes: —Georgia Tech sued over speech code —History of the Lemon test Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    1 h y 5 m
  • Living Anachronism
    Jun 18 2024
    Sarah and David discuss how the media’s focus on outcomes ignores the Supreme Court’s complexity and restraint. Plus: tips for the lawyer ready to quit. The Agenda: —Bump stocks and executive overreach —Upcoming SCOTUS cases —Who’s the least powerful justice? —Hidden ideological diversity in SCOTUS —DOJ’s enforcement of the FACE Act —How to quit your law firm: tips on professional risk management Show Notes: —Vidal v. Elster —Empirical SCOTUS’ Power Index —Mifepristone case Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    1 h y 12 m
  • The Consensus Court
    Jun 14 2024
    David Lat takes over the guest chair and joins Sarah to discuss recent SCOTUS decisions. The Agenda: —SCOTUS bumps bump stock case to Congress —Lily Ledbetter and the last time Congress did their job —Mifepristone decision —Trump too small? Maybe, but you can’t trademark it —Justice Gorsuch and Justice Jackson’s playful relationship —NLRB and defending the administrative state —Justice Alito is secretly recorded —Young Thug’s messy court trial —Predicting SCOTUS decisions —Sentencing and appeals in the Hunter Biden saga Show Notes: —Peggy Noonan’s response to Alito-gate —David Lat and "underneath their robes" —The Mo News Podcast Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    1 h y 24 m
  • Offensive T-Shirts Get Their Day in Court
    Jun 11 2024
    Sarah and David discuss the laws of war in response to Israel’s successful hostage rescue operation in Gaza before turning to the latest First Amendment drama from the 1st Circuit. The Agenda: —Laws of war and the Israeli hostage rescue operation —Materially disruptive speech and t-shirts —Health check on the Constitution —Far-right says freedoms are under attack Show Notes: —David’s critique of Israel in the NYT —Angry cheerleader case —Justice Brennan opinion in 1970s book banning case —Tinker v. Des Moines —The Mo News Podcast Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    1 h y 13 m
  • The 3-3-3 Body Problem
    Jun 7 2024
    No Rahimi decision yet … but Sarah and David have the next best thing: math! The two dive into Sarah’s recent POLITICO piece in which she and Dean Jens used data to analyze the Supreme Court. The Agenda: —The three-body problem —Was Dobbs v. Jackson Women's Health Organization radical? —Moneyballing the court —“Right to counsel” at the 9th Circuit —Racial discrimination in contracting —Test cases are test cases —Judge Newsom’s “unusual” concurrence —Judge Easterbrook on fonts —The health of the Constitution Show Notes: —Truck Insurance Exchange v. Kaiser Gypsum —Connelly v. United States —Becerra v. San Carlos Apache Tribe —National Rifle Association of America v. Vullo —Allen v. Milligan —New York State Rifle & Pistol Assn., Inc. v. Bruen —Creative LLC v. Elenis —Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission —Chief Justice John Roberts’ thoughts on AI —Pacific Legal Foundation Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    1 h y 11 m
  • Will President Biden Pardon His Son?
    Jun 4 2024
    Sarah and David detail Hunter Biden’s legal predicament and discuss the impact it will have on the political landscape. Is this coercive bargaining in action? The Agenda: —Food poisoning etiquette —Hunter Biden's federal case —Prosecuting Donald Trump —Abortion opinion out of Texas Supreme Court —Insights into the Supreme Court’s decision-making process —SCOTUS watch Show Notes: —Steve Calabresi for the Volokh Conspiracy —Sarah's piece for the New York Times Learn more about your ad choices. Visit megaphone.fm/adchoices
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    1 h y 6 m