Sarah and David address a few corrections from Tuesday’s episode before turning to the oral argument on Trump’s prosecutorial immunity.
On the Agenda:
—Can presidents order Seal Team Six to assassinate rivals?
—Who is going to win this case?
—Did we just fix qualified immunity? (No.)
—Political advertising at the Ninth Circuit
—Should I go to law school? Pt. 97
Show notes:
—Marbury v. Madison
—Mississippi v. Johnson
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The Presidential Assassination Argument

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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Politics

Akhil Amar, Sterling Professor of Law at Yale University, joins Sarah and David to read between the lines of the Constitution to find and define unenumerated rights. Be sure to check out his books, America's Unwritten Constitution: The Precedents and Principles We Live By and The Words that Made Us: America's Constitutional Conversation, 1760-1840. And stick around after the interview for a brief Alito flag update.
—Akhil Amar’s two-tier theory of jurisdictions
—AO episode with Judge Newsom mentioning unenumerated rights
—Ezra Klein's article on the Second Amendment
—District of Columbia v. Heller
—McDonald v. City of Chicago
—New York State Rifle & Pistol Association, Inc. v. Bruen
—Akhil Amar's podcast
—NRA v. Vullo decision
—Casey Mattox's tweet on NRA v. Vullo
—SCOTUS clears the way for Louisiana to use a new congressional map
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The Rights the Constitution Doesn’t Tell You About

In an emergency live dispatch, Sarah and David discuss the historic verdict in Trump's New York hush money case. Expect to hear sentencing expectations, appeal efforts, and how voters will reach.
Show Notes:
-Mike and Sarah’s Collision newsletter on the outcome of the case
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Indictment Watch Live: Trump's Guilty Verdict

Sarah gives us a taste of her interview with retired Supreme Court Justice Stephen Breyer before she and David dive into the latest SCOTUS ruling on racial gerrymandering.
The Agenda:
—Justice Breyer and the Major Questions Doctrine
—Alexander v. South Carolina State Conference of the NAACP
—Conduct vs. speech and Morgan Wallen’s Nashville bar
—Random swipes at text, history, and tradition from David
—Approving a SCOTUS nominee from opposing parties?
—Amending the amendment process
—Codifying the judicial filibuster
—Justice Samuel Alito flag watch
Show Notes:
—Previous AO episode on voting rights in Alabama
—City of Austin v. Reagan National Advertising of Austin, LLC
—Equal Protection Clause
—Section 2 of the Voting Rights Act
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On Racial Redistricting

Is Justice Alito a secret election denier? Is his wife chronically online? Were these allegations the point of a New York Times article about hanging the American flag upside down? Or is this a nothingburger? Sarah and David discuss.
The Agenda:
—Appearances of impropriety
—Husbands: What would you do if someone called your wife the C-word?
—Asserting executive privilege over audio recordings
—No, Zina Bash did not make a white power symbol
—Nixon tapes and Biden’s interview
—The opposite of a nationwide injuction
—Tacos are sandwiches
—Tacos are not sandwiches
—David on how to deal with bullies
Show Notes:
—Results: ACLI Capital Challenge
—Justice Ruth Bader Ginsburg on Trump's taxes
—Judge Stephen Reinhardt refuses to recuse in 9th Circuit case
—"Trump faker" accusation
—Hur/Biden transcripts
—Akhil Amar: "Second Thoughts"
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When to Recuse

Do judges have an important role to play in society beyond judging? Judge Lee Rudofsky takes the affirmative, while Orin Kerr disagrees in this special AO episode debating this topic. Sarah and David also discuss the latest SCOTUS cases.
Show Notes:
—Judges write letter saying they won't hire law clerks from Columbia
—Kerr: Do Judges "Have an Important Role to Play in Our Society" Beyond Judging?
—Code of Conduct for United States Judges
—Staying Off the Sidelines: Judges as Agents for Justice System Reform
—Appearances by Sitting U.S. Supreme Court Justices at Congressional Committee and Subcommittee Hearings (1960-2022)
—Drops in Jewish enrollment in elite universities
—CFPB v. Community Financial Services Association of America, Limited
—Are tacos and burritos sandwiches?
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The Presidential Assassination Argument

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