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Advisory Opinions

Getting Things Back In Order

Advisory Opinions

The Dispatch

News, Government, Politics

4.74K Ratings

🗓️ 4 January 2024

⏱️ 66 minutes

🧾️ Download transcript

Summary

David and Sarah are back from a hearty break and catch up on cases from last year and various legal topics, including judicial salaries and the death of Justice Sandra Day O’Connor. Stay tuned for: —David and Sarah’s low confidence in the outcome of the Jarkesy case; —No love lost for the Sacklers; —A good attempt at avoiding the income tax; —Maine skipping due process; and —A lawsuit that could eviscerate the realtor business. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

You ready?

0:02.0

I was born ready. Welcome to a new year of advisory opinions.

0:22.6

Happy 2024, David French.

0:25.3

Happy 2024, Sarah Isker.

0:27.2

So I thought we'd just sort of go around the horn.

0:31.9

As the year ended, we knew we were running sort of go around the horn as the year ended we knew we were

0:33.9

running out of time we were leaving things behind there has been some news in the

0:39.1

two weeks that since we've talked but not a ton so actually I think we can kind of do some housekeeping here.

0:44.6

I'm sure plenty of people as they started their new year also did housekeeping at their house

0:49.6

like we did. It was a big part of our New Year celebration is getting things back in order. So that's what I thought

0:56.2

we would do for the podcast a little bit. So I'm going to start where you don't want to start. Can we do that? Like exactly where you don't want to start.

1:04.5

Let's do it, yes. I want to start with those three Supreme Court arguments that we didn't get to that we

1:11.7

said we're just going gonna really mostly focus on when the decisions actually come out but let's spend just a few minutes on the oral arguments here at the top, okay? We're not going to do a ton of time on this.

1:22.0

So, SEC v Jarkasy, and I made fun of the chief because he pronounced it,

1:30.4

Jarkuzi and was corrected by one of the advocates, which was a fun little moment.

1:35.2

I don't know if I recommend that for your oral advocacy, unless you're Lisa Blat, like, don't do a lot of things.

1:41.1

But it did help us because now we know how to pronounce the case. So this is a guy who basically gets crosswise with the SEC, the Securities and Exchange Commission.

1:53.7

And if that happens, the SEC, and I'm going to use this sort of broadly and please all you

1:59.5

SEC lawyers out there, do not write to me about the specifics of how this actually works, but

2:03.6

basically the SEC has prosecutors and they bring you before an SEC judge who's

2:08.6

called an administrative law judge in ALJ. That judge is hired by the SEC.

2:14.6

And so the prosecutor and the judge

...

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