The Trial of Derek Chauvin


On today’s episode, David and Sarah discuss the ins and outs of Derek Chauvin’s murder trial, including why Chauvin didn’t take the stand and whether he’s likely to be convicted. Plus, our hosts chat about House Democrats’ latest court-packing bill—what Sarah calls “a press release in the form of legislation”—former Brooklyn Center police officer Kim Potter’s fatal shooting of Daunte Wright, and an en banc 6th Circuit case involving abortion.

Show Notes:

-“Chauvin Defense Expert Destroyed on the Stand” by Andrew McCarthy in National Review

-Pre-Term Cleveland v. McCloud

The Plastic Cutlery of Damocles


Fearing that death or disability will remove Justice Stephen Breyer from the Supreme Court when a Republican is in the White House, progressives have begun urging the senior Democratic appointed justice to retire so that Joe Biden can nominate a younger successor while he has a chance. Is Justice Breyer likely to retire anytime soon? David Lat joins today’s show to give us his take. Stick around to hear David Lat and our hosts chat about Biden’s 36-person Supreme Court commission, a new opinion involving California pandemic law, Google v. Oracle, and lawful orders from police officers.

Show Notes:

-David Lat’s Substack:  Original Jurisdiction, and novel: Supreme Ambitions

-David Lat’s posts on Breyer: “Will Justice Breyer Retire? Reading The Clerk Hiring Tea Leaves” and “Confession Of Error: Justice Breyer Is Hired Up For October Term 2021

-Ritesh Tandon v. Gavin Newsom

-Fraternal Order of Police, Newark Lodge No. 12 v. City of Newark

-Campbell v. Acuff-Rose Music, Inc.

-Orin Kerr’s Twitter thread on lawful orders and Pennsylvania v Mimms

-“A Tale of Two Rap Songs” by David French in The Dispatch

Justice Breyer's Warning


Our hosts start today’s episode by diving into the Supreme Court’s 6-2 opinion in Google v. Oracle, a multibillion dollar copyright case involving whether Google unlawfully used Oracle’s programming code when the tech titan created its Android operating system. Also on today’s podcast, Sarah and David chat about Justice Stephen Breyer’s Scalia Lecture, misdemeanor prosecutions, a new study on religious liberty’s winning streak on the Roberts Court, and a Native American adoption law case.

Show Notes:

-Google v. Oracle

-Justice Breyer’s Scalia lecture.

-Misdemeanor prosecution explainer by Alex Tabarrok and “16 theories for why crime plummeted in the US” by Dara Lind and German Lopez in Vox.

-“An Extraordinary Winning Streak for Religion at the Supreme Court” by Adam Liptak in the New York Times and “The Roberts Court and the Transformation of Constitutional Protections for Religion: A Statistical Portrait” by Lee Epstein and Eric A. Posner in the Supreme Court Review.

-Native American adoption law case.

-Take the next 30-days to try a Dispatch membership

Common Carriers


It was a slow day at the Supreme Court today, but our hosts are here to give us a breakdown of the latest orders. In a concurring opinion on Monday, Justice Clarence Thomas tore into the Supreme Court’s order in Biden v. Knight First Amendment Institute at Columbia University, which involves a government official’s control of his own Twitter account. Per Sarah, the purpose of Thomas’ concurring opinion is to determine whether social media platforms are “common carriers, whether they are places of public accommodation, or nothing.” Stay tuned to hear David and Sarah discuss a lawsuit involving Thomas Jefferson High School for Science and Technology and the GOP’s legislative blowback against corporate wokeness.

Show Notes:

-Google v. Oracle

-Supreme Court’s April 5 orders

-Biden v. Knight First Amendment Institute at Columbia University

-Jason Small v. Memphis Light, Gas & Water

-Trans World Airlines, Inc. v. Hardison

-Coalition for TJ v. Fairfax County School Board and Dr. Scott Brabrand

-Revisionist History podcast Season 3 Episode 10

When the NCAA Met the Supreme Court...


As the Houston Cougars and Baylor Bears prepare for their Final Four faceoff this Saturday, our podcast hosts break down Wednesday’s Supreme Court arguments for National Collegiate Athletic Association v. Alston, a case that will determine whether the NCAA’s rules restricting student athlete compensation violate federal antitrust law. Stick around to hear David and Sarah chat about developments in qualified immunity law, how nondisclosure agreements hide sex abuse scandals, and a new civil lawsuit brought by two U.S. Capitol Police officers against Donald Trump.

Show Notes:

-Supreme Court oral arguments for National Collegiate Athletic Association v. Alston.

-Taylor v. Riojas.

-Florida v. Georgia.

-“The Supreme Court Is Giving Lower Courts a Subtle Hint to Rein In Police Misconduct” by Joanna Schwartz in TheAtlantic.

-Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics.

-Facebook Inc. v. Duguid.

-French Press: ‘They Aren’t Who You Think They Are’ by David French in The Dispatch.

-James Blassingame and Sidney Hemby v. Donald Trump.

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