421 episodes
Advisory Opinions The Dispatch
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- News
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2.3 • 3 Ratings
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Advisory Opinions is a new podcast from The Dispatch. Hosts David French and Sarah Isgur have a weekly conversation about the law, culture, and why it matters.
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Pressing the SCOTUS Panic Button
David returns after a brief food poisoning hiatus to discuss two oral arguments heard before the Supreme Court: Trump’s immunity case and Idaho’s case on abortion bans. But first, a request from The Dispatch’s resident Wilson-hater.
The Agenda:
—Are solo podcasters sociopaths?
—Proposals for changes on the Israeli Supreme Court
—Absolute immunity for presidents
—The role of the executive vesting clause
—Reviewing Idaho’s abortion ban
—Time, place, and manner restrictions on college campuses
—Answering questions and issuing corrections
Show Notes:
—Previous AO episode
—South Dakota v. Dole
—NFIB v. Sebelius
—Dr. Martin Luther King on “civil disobedience”
—Columbia University banned student protester over saying “Zionists don’t deserve to live”
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Indictment Watch: Supreme Court Hears Trump’s Immunity Case
The Supreme Court this week heard oral arguments for Donald Trump’s immunity case, and David has thoughts. However, he was too sick to join today so Sarah had to go solo (Ruminant style!), recapping the legal and political implications of the case, assessing the strength of the arguments and their significance for the future of our political system, and trying to imagine where we go from here in this bizarre election cycle.
The Agenda:
—Good and bad news for Trump
—What presidential acts are immune?
—Impeachment and conviction
—Going through the specific charges
—Can Trump stage a coup?
—ANSWER THE HYPOTHETICALS!
—Defining official acts
—The effect on Trump’s other cases
—The effect on SCOTUS as an institution
Show Notes:
—Bonus Collision newsletter
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Lady Law and Homeless Encampments
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. Johnson
—Necessity defense and cannibalism
—4th Circuit ruling on trans sports ban in West Virginia
—SCOTUS rules on Title VII case
—Biden expands Title IX ruling
—Campus due process and Columbia protesters
Show Notes:
—Casey Mattox on local governments stopping churches from helping the homeless
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Retire Universal Injunctions
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.
The Agenda:
—Election law crimes, tax crimes, and falsification of business records
—Challenges of broad injunctions
—Idaho’s Vulnerable Child Protection Act
—SCOTUS exhausted with emergency docket applications
—Justices call to retire universal injunctions
—January 6 arguments before SCOTUS
—SCOTUS declines to intervene in a police lawsuit against a Black Lives Matter activist
—Obstructions in official proceedings
—Legal issues in the Iran-Israel conflict
Show Notes:
—Labrador v. Poe
—Counterman v. Colorado
—18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant
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The Enormous Powers of the President
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.
The Agenda:
—Dean of Berkeley Law School and a Palestinian Protest: 1A protection?
—How to go about civil disobedience
—Reforming the Insurrection Act
—The need for bipartisan support in reforming presidential powers
—Did Donald Trump abuse the pardon power as president?
—Special counsels and the fear of rigging prosecutions
Show Notes:
—The Logan Act
—The American Law Institute
—David's Sunday column
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Real Originalism Has Never Been Tried
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. platonic idealism
—More questions from a high schooler
—How do judicial ethics actually work?
—The myth of the 6-3 court
—The most important SCOTUS decisions
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Customer Reviews
I tried for so long
I was a fan for a long time but I’ve had to unsubscribe in the aftermath of the Texas debasement of the constitution and David and Sarah’s responses to it. Seriously, every privileged white/black/brown/whatever person in America needs to go and volunteer in a homeless shelter for six months. Then they need to go and volunteer in a rape crisis centre for six months. Then in a mental hospital for six months. You guys are turning into the most hateful, inconsiderate, ‘righteous’ nation on the planet. Wilful debasement of constitutional rights - even (especially!) ones you don’t agree with - should not be welcomed with privileged academic discussion which consistently favours ‘your side’. That’s just sick (and not in a good way).