Advisory Opinions

Sarah Isgur and David French explore the intricate legal landscape surrounding the TikTok deal and its compliance with the ban or sale law. Then, they delve into the Federal Tort Claims Act, and review a few circuit court cases.The Agenda:–TikTok sale is complete–First Amendment and content moderation–Federal Tort Claims Act overview–Meth and the Second Amendment–Where can I bring my gun in...

Sarah Isgur and David French discuss the differences between the fatal shootings of Renée Good and Alex Pretti in Minneapolis and invite Orin Kerr, professor of law at Stanford Law School, to talk about judicial and administrative warrants.The Agenda:–Comparing the two ICE shootings–Supremacy Clause and federal cases–Fourth Amendment rights–Racial gerrymandering in Texas–Answering our favorite...

Sarah Isgur and David French break down Paul Clement’s “thousand duck-sized horses” argument before the Supreme Court in the Trump administration’s case over the firing of Lisa Cook, and what it means for for-cause removal at the Federal Reserve.The Agenda:–Paul Clement the GOAT–Prediction: Lisa Cook will stay–The conservatism of the Supreme Court and MAGA’s legal movement–Going “full...

Sarah Isgur and David French explain the latest developments in Lisa Cook's case challenging her firing from the Federal Reserve’s Board of Governors and a challenge to Hawaii's "vampire rules" regarding concealed carry.The Agenda:—Lisa Cook Federal Reserve case—Hawaii's "vampire rules"—Geofence warrants and Fourth Amendment—True Threats Doctrine—Commerce Clause and federal power—Satanic Temple...

Sarah Isgur and David French discuss lengthy, consolidated Supreme Court arguments from Idaho and West Virginia over state laws banning transgender athletes.The Agenda:–Supreme Court appears likely to uphold transgender athlete bans–Court finds police properly entered man's home despite absense of warrant–SCOTUS allows challenge to mail-in ballots–Lindsay Halligan’s ‘gross abuse of power’?–Should...

Harvard law professor Richard Re discusses the evolution of the Supreme Court from the Warren court to the present day, highlighting the historical context of the court's decisions, the role of swing justices, and the current dynamics of originalism and textualism in judicial interpretation.The Agenda:—What is the conservative Warren court?—Reversal in power dynamics—The swing justice era—The...

Sarah Isgur and David French return for a bonus episode on the Minneapolis ICE shooting and explain the concept of Supremacy Clause immunity.The Agenda:—Corrections from Thursday's episode—How to analyze police shootings—Federalism and the Supremacy Clause—Federal officer removal—Broader impacts of police violence—Bowe v. United States—Church autonomy and employment lawAdvisory Opinions is a...

David French and Sarah Isgur discuss the legal arguments underpinning the arrest of Nicolás Maduro and dive into a legal challenge to mandatory diversity and inclusion training.The Agenda:—Can we and should we arrest foreign leaders?—Official acts and sovereignty—Military response vs. legal prosecution—How real is international law?—Legal argument for regime change—Trump v. United...

David French is joined by David Lat to explore the legality of the Trump administration's arrest of Venezuelan President Nicolás Maduro and President Trump's recent loss at the Supreme Court over his mobilization of the National Guard.The Agenda:—Can we arrest foreign leaders?—Compliance with international law—The arrest of Manuel Antonio Noriega—Presidential authority and war powers—Trump v....

Sarah Isgur sits down for a live recording at the U.S. Chamber of Commerce with Florida Supreme Court Chief Justice Carlos G. Muñiz, Texas Supreme Court Justice Evan A. Young, and District of Columbia Court of Appeals Judge Joshua Deahl to talk legal philosophy, the state of civil justice, and the challenges that appellate justices face in an ever-more-litigious United States.The Agenda:—Why...