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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.

Advisory Opinions The Dispatch

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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.

    New Day for Pandemic Law

    New Day for Pandemic Law

    Over Thanksgiving break, the Supreme Court struck down New York Gov. Andrew Cuomo’s strict coronavirus related occupancy limits to 10 or 25 worshipers in churches and synagogues located in orange and red zones in the state. In a 5-4 per curiam decision, the majority sided with Roman Catholic Diocese of Brooklyn and Agudath Israel, who argued that Cuomo’s COVID-19  regulations treated houses of worship differently from comparable secular institutions, especially considering the religious plaintiffs in question went above and beyond in preventing COVID-19 outbreaks within their doors. 

     

    “From the standpoint of the plaintiffs,” David argues, “it’s sort of a double whammy of good facts. One, expressions of animus from public officials and hypocrisy from public officials. And two, they’re coming to the court with clean hands.” Later in the episode, David and Sarah also dive into a host of abortion related lawsuits and the U.S. census case before ending with some thoughts on election litigation.





    Show Notes:

    -Roman Catholic Diocese of Brooklyn, New York v. Andrew M. Cuomo, Governor of New York, Jacobson v. Massachusetts, South Bay United Pentecostal Church v. Newsom.

    See omnystudio.com/listener for privacy information.

    • 1 小時 14 分鐘
    Release the Kraken!

    Release the Kraken!

    In Monday’s emergency episode of the podcast, David and Sarah bring us up to speed on the Trump legal team’s latest litigation drama, which has become nothing short of a clown show. One of the most puzzling aspects about all of this is the striking gap between the Trump campaign’s public rhetoric about widespread voter fraud during press conferences and its much more modest—albeit still meritless—legal arguments in the courtroom. No matter how you slice it, the president’s legacy is on the line here. In Sarah’s words: “This is what he’s going to be remembered by.” Our hosts discuss the Trump campaign’s failed Pennsylvania election lawsuit and Thursday’s rather unconventional press conference given by Sidney Powell, Rudy Giuliani, and Jenna Ellis. Then Sarah’s husband, Scott Keller joins the podcast to spar with David about nationwide injunctions.

     

    Show Notes:

    -U.S. District Court Judge Matthew Brann’s opinion throwing out Trump’s Pennsylvania lawsuit.

    -“Nationwide Injunctions Will Be a Vital Check if Biden Overreaches” by Scott Keller in the Wall Street Journal.

    See omnystudio.com/listener for privacy information.

    • 1 小時 19 分鐘
    Bong Hits 4 Jesus

    Bong Hits 4 Jesus

    Rudy Giuliani has come out of retirement for the first time in 28 years to litigate on behalf of the Trump campaign. To say his gears were a little rusty would be the understatement of the century: Giuliani walked into court this week and couldn’t remember the name of the judge, couldn’t remember the name of his opposing counsel, couldn’t remember the meaning of “opacity,” and couldn’t argue the proper standard of review in the case. As our podcast hosts remind us, effective lawyers not only know how to make a constructive argument, but also tailor their advocacy to the humanity of the judge. Giuliani did neither of these things. After catching up on the latest election litigation disputes, David and Sarah discuss imminent lawless action in the context of the First Amendment and two of their favorite television shows.

     

    Show Notes:

    -Morse v. Frederick.

    See omnystudio.com/listener for privacy information.

    • 1 小時 22 分鐘
    Watching a House of Cards Collapse

    Watching a House of Cards Collapse

    A segment of the right-wing public has morphed into a conspiracy theory machine that is—in David’s words—propagating baseless voter fraud allegations at “a geometric rate that [bears] increasingly no relationship to the real world at the same time as the actual claims in court are just evaporating.” Why are people on the right and the left so susceptible to electoral conspiracy theories? After David and Sarah play catchup on the latest developments involving election litigation, they dive into a 1st Circuit race-based admissions case at Harvard, the latest updates on DACA, and The Mandalorian.

     

    Show Notes:

    -Andrew Fleischman thread on election lawsuits

    -Harvard affirmative action case, DACA decision, history of discrimination with SAT and Jewish applicants 

    See omnystudio.com/listener for privacy information.

    • 1 小時 22 分鐘
    Swinging for the Fences

    Swinging for the Fences

    The Trump campaign is swinging for the fences in most of its litigation efforts in hopes that at least some of its legal arguments will be successful. But as our podcast hosts remind us, most of the president’s post-election lawsuits are unlikely to change the outcome even if the Trump campaign scores a few victories along the way. “The Trump administration could win, dunk on the opposition, hang on the rim, taunt its opponents, and nothing changes,” David explains. On today’s podcast, David and Sarah explain the overall legal context surrounding the president’s ongoing election litigation efforts and give us the lowdown on the latest voter fraud conspiracy theories. Plus, David and Sarah break down Supreme Court oral arguments for the Affordable Care Act case and discuss a race-based admissions lawsuit at Harvard.

     

    Show Notes:

    -“Fact Check: Debunking the Hammer and Scorecard Conspiracy Theory” by Khaya Himmelman in The Dispatch.

    -“Fact Check: Explaining the False Allegations About Dominion Voting Systems” by Alec Dent in The Dispatch.

    See omnystudio.com/listener for privacy information.

    • 1 小時 22 分鐘
    The Church of Voter Fraud

    The Church of Voter Fraud

    Twitter is brewing with wildly unsubstantiated claims of voter fraud as election officials in battleground states continue to count ballots. For today’s myth busters edition of the podcast, David and Sarah discuss the nitty gritty details surrounding ballot-counting processes and whether the conspiratorial claims surrounding voter fraud allegations have any merit. “If voter fraud is a religion for you,” Sarah warns, “go find yourself another pod today.” They wrap things up with a conversation about exit polls and some Supreme Court punditry.



    Show Notes:

    -The Sweep: “Your 2020 Election Night Guide,” Employment Division v. Smith.

    -Join The Dispatch for a post-election gathering featuring congressional leadership and top policy experts November 9-10: Sign up here!

    See omnystudio.com/listener for privacy information.

    • 1 小時 8 分鐘

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