The End of Roe and Casey?


It's an almost-all-Dobbs podcast, as David and Sarah discuss the oral argument that surprised the nation. Could Roe v. Wade and Planned Parenthood v. Casey actually fall? David and Sarah talk about the court's decision-making process from here and the history of judge-flipping post-argument, and they identify the key moments in yesterday's argument. Also, they give their listeners a vital challenge--and if they can meet that challenge, then Advisory Opinions will be the indisputable flagship of the Dispatch podcast fleet. Listen to learn what the challenge is.

Show Notes:

-Dobbs v. Jackson oral argument transcript

-Ginsburg’s remarks on Roe

-David in The Atlantic: “How Roe Undermined Itself”

-Washington Post: “Justice Kennedy’s Flip”

Prior Restraint and Project Veritas


On today’s podcast, David and Sarah open with the puzzling case of Project Veritas and James O'Keefe. Why is a New York appeals court appearing to let stand a prior restraint on the press? They then answer a fascinating reader mail question before wrapping up with an extended discussion of self-defense in the context of an incredibly troubling Texas shooting that was caught on tape.

Show Notes:

-Near v. Minnesota

-New York Times Co. v. United States

-University of Richmond Law Review: “The Meaning of Life (or Limb)”

-Reason: “Are People Allowed to Use Deadly Force to Defend Property?”

-Lubbock Avalanche-Journal: “Widow releases video of Chad Read's fatal shooting in South Lubbock”

-Warning Graphic: Lubbock, Texas shooting video

Understanding the Rittenhouse Verdict


On today’s episode, David and Sarah take a deep dive into the Kyle Rittenhouse verdict with Damon Preston, Kentucky's Public Advocate and a criminal defense attorney with almost 30 years of experience. They discuss self defense law, the difference between the Rittenhouse trial and the trial of Ahmaud Arbery's killer, and the ways in which the criminal justice system could be reasonably reformed. Also, David exults in Mississippi's stinging defeat at the Supreme Court as the court turned back the Magnolia State's greedy attempt to keep Tennessee from drinking water from its own wells.

Show Notes:

-Mississippi v. Tennessee

-French Press: “Kyle Rittenhouse, Open Carry, and the Breaking of Self-Defense Law”

-David in The Atlantic: “Kyle Rittenhouse’s Acquittal Does Not Make Him a Hero”

The Insular Cases


On today’s show, David and Sarah bring Neil Weare, president and founder of Equally American, on the pod to teach us interesting things about the Constitution and history, with an emphasis on the unique history of American territories. And then Sarah and David dive into the controversies at Yale Law School and try to answer the question, "What the heck is going on?"

Show Notes:

-French Press: “An Airing of Grievances Against Diversity Training”

-Reuters: “Yale Law students 'blackballed' for refusing to lie about professor, lawsuit says"

-Reason: “More Shenanigans at Yale Law School”

-David Lat: “The Newest Insanity Out Of Yale Law School”

-David Lat: “Yale Law School And the Federalist Society: Caught In A Bad Romance?”

-David Lat: “Doe v. Gerken: A Lawsuit Against Yale Law”

5th Circuit Extends Stay of Vaccine Mandate


On today’s podcast, David and Sarah dive into vaccine mandates, religious exemptions, and the Civil War. They analyze a recent court ruling blocking the Biden OSHA mandate, and then discuss what a “sincerely held religious belief” is in the eyes of the law. Finally, they conclude with a discussion of the Constitution, Abraham Lincoln, and whether he was an authoritarian who “broke” the Constitution before it was rebuilt by the Civil War amendments.

Show Notes:

-5th Circuit extends stay of OSHA vaccine mandate

-Noah Feldman: “This Is the Story of How Lincoln Broke the U.S. Constitution”

-New York Times review of Feldman’s “The Broken Constitution”

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