Advisory Opinions
By: The Dispatch
Language: en-us
Categories: News, Politics, Government
Advisory Opinions is a legal podcast by The Dispatch. Hosts David French and Sarah Isgur meet twice a week to talk about the law, the courts, their collision with politics, and why it all matters.
Episodes
Supremacy Clause Immunity, Explained
Jan 10, 2026Sarah 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 law
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including access to all of our articl...
Prosecuting Foreign Leaders
Jan 08, 2026David 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 States
—Compelled speech in mandatory training
—Qualified immunity
Show Notes:
—Jack Goldsmith on Venezuela
—Steve Vladeck on Venezuela
—Trump v. Illinois
—D...
The Legality of U.S. Operations in Venezuela
Jan 06, 2026David 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. Illinois
—National Guard mobilization
—The Court's relationship with Trump
—Top legal stories of the year
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Duration: 00:58:59Merry Christmas to the State Courts
Dec 25, 2025Sarah 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 state courts matter
—Texas’ new Business Courts, explained
—How judges are selected in Florida
—Florida’s rulemaking power over civil procedure
—Why D.C. doesn’t have a “Supreme C...
The Right-Wing Shake-Up
Dec 23, 2025Sarah Isgur and David French discuss the resignation of Josh Blackman, former senior editor of the Heritage Guide to the Constitution, and the the entire Meese Center leaving with John Malcolm to join former Vice President Mike Pence's organization at Advancing American Freedom.
The Agenda:
—Heritage blows up
—Thunder Basin factors and the latest interim docket order
—Shadow Docket Sunlight Act
—Need greater clarity on Church Autonomy doctrine
—Are parodies of land acknowledgements free speech?
—Listener questions and fruit of the poisonous tree doctrines
Show Notes:
—Smith v. Allwright
—SC...
Political Distortions
Dec 18, 2025Sarah Isgur and David French discuss striking jurors on race, Constitution deep cuts on the domestic violence clause and bill of attainder clause, and abortion distortion.
The Agenda:
—Transcript changes and the funniest Justice
—Batson claims and cert grants
—Trump v. Illinois and the domestic violence clause
—Bill of attainder clause and abortion distortion
—Ross Douthat's interesting interview over transgender rights
—Aspiring lawyers: learn how to write!
Show Notes:
—Ninth Circuit Judge Bybee's statement supporting en banc review
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Duration: 01:00:26Burkeanism and the Administrative State
Dec 16, 2025As an early Christmas present for David French, Sarah Isgur invites professors Will Baude and Julian Davis Mortenson on the podcast to answer all questions about originalism. But first, should an IQ test determine whether someone will be sentenced to death?
The Agenda:
—Listener emails
—United States v. Ham
—SCOTUS’ approach to executive power
—Burkeanism and the administrative state
—Debating the removal power
—Judicial restraint and non-delegation doctrine
Show Notes:
—David French: We’re Trying to Find a Line the Supreme Court Won’t Cross
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Duration: 01:21:41The Illusion of Campaign Finance Reform
Dec 11, 2025Sarah Isgur and David French kick things off by revisiting the Slaughter case and responding to an insightful access-to-justice question from a listener. Then they break down the Supreme Court’s latest GVR on school vaccine mandates before diving into two fresh oral arguments: Olivier v. City of Brandon and NRSC v. FEC.
Plus, a brief return of grifter Sarah.
The Agenda:
—A correction to our livestream
—The Supreme Court argument that could have been an email
—Religious exemptions and vaccine mandates
—The case of the street preacher
—Understanding campaign finance law
—The super...
Slaughter at SCOTUS: Reaganite Ends by Roosevelt Means
Dec 08, 2025Following the Supreme Court arguments in Slaughter v. United States, Sarah Isgur and David French join legal scholar Adam White to break down a session that became a referendum on whether Congress can insulate modern independent agencies from presidential control.
SCOTUSblog’s Amy Howe also joins from the steps of the Supreme Court to relay her observations from inside the courtroom.
Watch the livestream here.
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offering...
Duration: 01:12:14All About Slaughter
Dec 04, 2025Sarah Isgur and David French answer the masses’ demands in this pre-argument, foundational episode, diving into new levels of legal nerdery as they preview the oral arguments in the obscure administrative and constitutional law battle better known as Trump v. Slaughter.
The Agenda:
—Creating the modern administrative state
—Striking the class of bureaucrats
—‘But this wolf comes as a wolf’
—Taft takes care of his bros
—Military justice and Defense Secretary Pete Hegseth’s actions
Show Notes:
—Adam White’s episode with Sarah Isgur
—Join us for our December 8 livestream!
‘Kill Everybody’
Dec 02, 2025Sarah Isgur and David French break down Defense Secretary Pete Hegseth’s military orders on the suspected drug-trafficking boats in the Caribbean.
The Agenda:
—Breaking down Hegseth’s orders
—Catch our live AO episode next Monday!
—Bloomberg law’s documentary
—A.J.T. v. Osseo Area Schools, Independent School District
—Frivolous lawsuits
—Sidelining Alina Habba
—President Trump’s last criminal case dismissed
—Catch up on our last podcast
Show Notes:
—Jonathan Adler: Is the 4th Circuit the new 9th Circuit?
—9th Circuit Judge Patrick Bumatay’s speech at the Federalist Socie...
The Future of the Administrative State | Interview: Adam White
Nov 27, 2025Sarah Isgur invites Adam White, co-director of the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State, to identify the major administrative law issues on the horizon in the next five to 10 years.
The Agenda:
—The Roberts Court and the Trump Term
—The legislative veto
—Immigration and Naturalization Service v. Chadha
—Decline of congressional power
—Supreme Court reform and the future of judicial powers
Show Notes:
—Adam's currently nameless newsletter at AEI
—Adam's column at SCOTUSblog
—The Foreshadow Docket
—Is Humphrey’s Execut...
Case Against Comey Dismissed
Nov 25, 2025Sarah Isgur and David French provide an update on the Texas redistricting case and criminal charges against former FBI Director James Comey and New York Attorney General Letitia James, before moving on to recent grant, vacate, remand (GVR) orders.
The Agenda:
—Grand jury indictment update
—Texas redistricting
—GVRs, confrontation clause, and party presentment
—SCOTUS doesn't move to end birthright citizenship
—Metering at the border
—Ruth Bader Ginsbird
—Join our livestream analyzing Trump v. Slaughter on December 8
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Duration: 01:13:58The Dissent Heard Around the World
Nov 20, 2025Sarah Isgur and David French react to Judge Jerry Smith's unconventional dissent in the legal challenge against the Texas GOP redistricting effort.
Also: James Comey may catch a break after U.S. Attorney Lindsey Halligan's presentation before the grand jury exposed amateurish errors.
The Agenda:
—Sudafed as an enemy
—Judge Jerry Smith's dissent
—Redistricting challenges in Texas
—Comey's case and grand jury proceedings
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatc...
Duration: 01:19:57Did Congress Stretch the Commerce Clause Too Far? | Interview: Jonathan Karl
Nov 18, 2025What does a federal firearm prohibition and a hate crime have to do with the Commerce Clause? Sarah Isgur and David French look at the constitutionality of two cases and whether the Supreme Court will accept a challenge to the law.
Plus: Jonathan Karl, author of Retribution: Donald Trump and the Campaign That Changed America, joins the pod to discuss Donald Trump’s legal challenges during the 2024 campaign.
The Agenda:
—Ken Burns’ latest documentary
—United States v. Lopez
—U.S. appeals court upholds hate crime convictions
—Reason: Is the Federal Prohibition on Felon Firea...
Everyone Needs to Stay in Their Lane
Nov 13, 2025Sarah Isgur and David French do a deep dive into the nondelegation clause and the role of Congress in delegating authority.
The Agenda:
—CLE credit now available in Texas for our tariffs livestream
—Dave Portnoy and disturbing the peace charges
—Nondelegation doctrine primer
—The Case of Mr. Pheasant
—What is structural constitutionalism?
—Justice Gorsuch's legacy
—Court to consider prison inmate’s religious liberty claims
—Legal scenarios around service member participation in strikes outside Venezuela
We’re running a listener survey, which you can find at thedispatch.typeform.com/podcast.
A...
Duration: 01:07:52The Federalist Society Takes a Stand
Nov 11, 2025Sarah Isgur and David French recap the Federalist Society's antisemitism panel at last week's National Lawyers Conference before interviewing Judge Jennifer Elrod about the judicial funding crisis.
The Agenda:
—Court denies review on Obergefell
—Contrasts between Tucker Carlson and the Federalist Society
—Supreme Court sides with Trump administration on sex designations on passports
—The president issued pardons for Rudy Giuliani, John Eastman, et al.
—Ohio school pronoun policy likely violates First Amendment
—A federal judge retires
—A shutdown going on since July
Advisory Opinions is a production of The Dispatch, a d...
Duration: 01:13:17Supreme Court Hears Oral Argument in Trump’s Tariff Case
Nov 05, 2025Following the Supreme Court oral arguments in President Donald Trump’s tariff case, Learning Resources Inc. v. Trump, Sarah Isgur is joined by David French, David Lat, and Latham & Watkins LLP partner Roman Martinez to explain where the legal battle will go from here.
SCOTUSblog’s Amy Howe also joins from the steps of the Supreme Court to relay her observations from inside the courtroom.
Watch the livestream here.
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and cultur...
Duration: 01:09:47Trump’s Tariff Showdown
Nov 04, 2025Sarah Isgur and David French preview the biggest Supreme Court case of the term, Learning Resources, Inc. v. Trump, which challenges President Donald Trump’s power to impose sweeping tariffs on virtually all goods imported into the United States.
For additional analysis, join the SCOTUSbloglive blog on November 5 at 10:00 a.m. ET.
The Agenda:
—How to get CLE credit by listening to Advisory Opinions
—Laying the groundwork for Trump's tariffs case
—Divided liberal justices
—National Guard deployment to Chicago on the interim docket
—Sex markers on passports
—Justices aren't policy experts
All About Substantive Due Process
Oct 30, 2025Sarah Isgur and David French walk listeners through the entire history of the Constitution, the Supreme Court, some of the biggest cases ... all prompted by one listener question. Plus: Grifter Sarah makes a reappearance.
The Agenda:
—Understanding substantive due process
—Supreme Court to consider whether to hear challenge to same-sex marriage on November 7
—Dred Scott v. Sandford being the worst decision ever
—Scaring our libertarian friends with Slaughter-House cases
—The dissent everyone knows was right
—Liberty to brutally oppress your workers
—‘Grown-ass men’ and their group chats
—The Based Ritual
Advisor...
Duration: 01:00:28Firing Squad vs. Suffocation
Oct 28, 2025Sarah Isgur and David French discuss the Eighth Amendment in light of a prisoner’s request to die by firing squad.
But first, join us for a livestream analysis of Learning Resources, Inc. v. Trump, the case that asks whether the International Emergency Economic Powers Act authorizes the president to impose tariffs. (Click on SCOTUSblog's oral arguments page for updates.)
The Agenda:
—National Guard in Portland
—Eliminating horizontal stare decisis
—A defense of the spoils system
—Who should argue in the tariffs case?
—Did we get immigration wrong for the entire Biden adminis...
Bad Man Smokes Weed Doctrine
Oct 23, 2025Sarah Isgur and David French discuss a case before the Supreme Court that will consider whether pot smokers can legally own guns.
The Agenda:
—F*** monetary policy
—https://hasthesupremecourtfixedqualifiedimmunitydoctrineyet.com/
—Bad facts case
—Can the police enter your home without a warrant?
—Is there a rebellion in Chicago?
—Trump demands $230 million from the DOJ
—Helen Andrews and not wanting women in the legal field for some reason
—Women murdering their husbands and Gobitis
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and cult...
Duration: 01:07:43Euphemisms, Political Speech, and the First Amendment
Oct 21, 2025Sarah Isgur and David French kick off Free Speech Week at the University of Texas School of Law to talk about the confusion around Callais oral arguments, “Let's Go Brandon,” and the John Bolton indictment.
The Agenda:
—Let's Go Brandon
—“Everybody seems to be having a good time”
—No one understands Callais
—Lawfare and selective prosecutions
—Q&A!
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including access to all of our articles, m...
Duration: 00:53:56Vindictive Prosecutions
Oct 16, 2025Sarah Isgur and David French dive deeper into Chiles v. Salazar, the case argued before the Supreme Court last week about banning conversion therapy for minors, before analyzing the James Comey and Tish James indictments.
The Agenda:
—Chiles v. Salazar
—Tish James and mortgage fraud: Do the facts hold up?
—Update on the James Comey indictment
—Suing USPS over not delivering mail
—Denying review in a death penalty case
—Sarah says Seila correctly
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from...
Duration: 00:59:41The Future of Free Speech
Oct 14, 2025Live from Vanderbilt University, Sarah Isgur and David French speak at the Global Free Speech Summit about the threats to the First Amendment across the country and what Republicans can do about it.
The Agenda:
—Ball State University employee fired after Charlie Kirk Facebook post
—Has NYU learned its lesson? (Apparently not)
—The Trump administration, Apple, and speech vs. conduct
—Conor Friedersdorf: What Republicans Can Do If They Really Want to Protect Free Speech
—David coming out against well-rounded children
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Duration: 00:46:17Conversion Therapy and Free Speech
Oct 09, 2025Editor’s Note: This episode was previously uploaded with the incorrect audio. We apologize for the error.
Sarah Isgur and David French kick off the episode by examining a conversion therapy case before the Supreme Court—one that, surprisingly, few seem to be talking about. Where are the sensational headlines claiming that the rights of LGBT youth are under direct threat, or that religious freedom is on the verge of extinction?
The Agenda:
—‘Independent as hogs on ice.’
—Chiles v. Salazar
—Viewpoint discrimination in therapy
—Justice Sonia Sotomayor's interesting hypothetical
—‘There are multiple fai...
Conversion Therapy and Free Speech
Oct 09, 2025Sarah Isgur and David French kick off the episode by examining a conversion therapy case before the Supreme Court—one that, surprisingly, few seem to be talking about. Where are the sensational headlines claiming that the rights of LGBT youth are under direct threat, or that religious freedom is on the verge of extinction?
The Agenda:
—‘Independent as hogs on ice.’
—Chiles v. Salazar
—Viewpoint discrimination in therapy
—Justice Sonia Sotomayor's interesting hypothetical
—‘There are multiple failures of IQ tests that have led to this moment.’
—Mail bag!
—State courts v. federal courts
SCOTUS Long Conference and 'Insecure Originalists'
Oct 07, 2025Sarah Isgur and David Lat cover the Supreme Court's long conference and react to the sentencing of Justice Brett Kavanaugh's attempted assassin.
The Agenda:
—Ghislaine Maxwell's appeal rejected
—Missouri gun laws
—Hawaii's "Spirit of Aloha" gun laws
—Fifth Amendment takings clause
—Sentencing of Justice Brett Kavanaugh's attempted assassin
—Will Obergefell be overturned?
Show Notes:
—Advisory Opinions on Hawaii's gun laws
—David Lat's Original Jurisdiction
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access...
Duration: 01:09:26BONUS | Judge Patrick Bumatay Interviews Justice Amy Coney Barrett
Oct 04, 2025Justice Amy Coney Barrett joined Judge Patrick Bumatay at SCOTUSblog's inaugural On the Merits summit at Johns Hopkins University's Bloomberg Center to discuss public scrutiny, swing votes, and recusals.This conversation was recorded on September 25, 2025.
Show Notes:
—Subscribe to SCOTUStoday
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast...
Duration: 00:58:38The Supreme Court’s Upcoming Term
Oct 02, 2025Sarah Isgur and David French spend today’s episode reviewing nine cases the Supreme Court will decide during the upcoming term, from the intricacies of tariffs to the legality of conversion therapy.
The Agenda:
—The tariffs cases
—Justice Brett Kavanaugh’s past comments on Humphrey’s Executor
—Transgender participation in sports cases
—Conversion therapy cases
—No love for damage claims
—Campaign finance reform
—Death penalty and IQ tests
—Who can quash a subpoena?
—Implications of the stay order in the Federal Reserve case
Show Notes:
—Trump v. V.O.S. Selections<...
Selective Prosecutions
Sep 30, 2025Sarah Isgur and David French unpack the indictment of former FBI Director James Comey. What does the case say about the grand jury process, the risks of selective prosecution, and how prosecutors exercise discretion?
The Agenda:
—Breaking down the indictment
—A defense of President Donald Trump directing prosecutorial decisions
—Legal precedents
—The role of DOJ in executive power
—The legacies of Presidents Franklin Delano Roosevelt and Abraham Lincoln
—Pouring gasoline on MAGA
—Dissenting opinions on the Supreme Court
—Department of State v. Aids Vaccine Advocacy Coalition
Show Notes:
—Tuesd...
Dorm Room Originalism
Sep 25, 2025Sarah Isgur and David French break down the Supreme Court’s latest move: taking up a case before the lower courts have even finished with it. What does that mean, and why now?They also dig into three big rulings from the 11th, 5th, and D.C. Circuits that could have a major impact going forward.
The Agenda:
—Federal Trade Commission firings
—Is Humphrey’s dead?
—‘Dorm room Originalism’
—Originalism and the Constitution
—Healthcare covered sex-change surgeries
—Trump’s use of Alien Enemies Act
—Predatory incursion vs. invasion
Show Notes:
—How Originalism Killed t...
The Fall of Affirmative Action | Interview: Justin Driver
Sep 23, 2025Sarah Isgur and David French sit down with Justin Driver, the Robert R. Slaughter Professor of Law at Yale Law School, to talk about his new book, The Fall of Affirmative Action: Race, the Supreme Court, and the Future of Higher Education. They explore the landmark case Students for Fair Admissions v. Harvard, a ruling celebrated by conservatives as a victory for colorblind principles and criticized by progressives as a blow to racial equity. But according to Driver, both perspectives miss the mark.
The Agenda:
—DMing Pam Bondi?
—Brendan Carr weaponizing the FCC
—‘I sued the O...
The Oldest Constitutional Question | Interview: Richard Primus
Sep 18, 2025Sarah Isgur and David French invite Richard Primus, author of The Oldest Constitutional Question: Enumeration and Federal Power, to discuss his unorthodox argument that the constitutional system does place limits on Congress, but those limits don’t actually come from the enumeration of powers—and never have.
But first: a grab bag of legal cases and responding to Attorney General Pam Bondi’s very anti-conservative remarks.
The Agenda:
—Will hate speech be prosecuted?
—Partisan divides on the interim docket
—Listener insights on delegated powers
—Elite law schools and Rehnquist v. Souter clerk hiring
—...
Superhighways of Foreign Influence
Sep 16, 2025In the wake of Charlie Kirk’s assassination, Sarah Isgur and David French explore the evolving battle over free speech and examine modern threats posed by social media.
The Agenda:
—Rising acceptance of violence in discourse
—Student protests and free speech
—David’s favorite pro-free speech essay
—Understanding stochastic terrorism
—Online bots and foreign influence
—The implications of Section 230
—The assassination’s veto
—South Carolina v. Doe
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective...
Duration: 00:59:23Congress Won’t Contradict Trump
Sep 11, 2025When the president orders a strike, who decides if it’s legal? Sarah Isgur and David French unpack the commander in chief’s powers after a hit on an alleged Venezuelan drug-smuggling vessel.
The Agenda:
—The laws of armed conflict
—Violating the Constitution?
—The complexity of terror designation
—SCOTUS to decide fate of Trump's tariffs
—Interim docket before the emergency docket
—Sarah name-drops Jonah Goldberg
—SCOTUS interim docket decision on immigration stops in L.A.
Show Notes:
—Orin Kerr on Los Angeles immigration enforcement case
Advisory Opinions is...
Duration: 01:05:31Listening to a Justice | Interview: Justice Amy Coney Barrett
Sep 09, 2025Supreme Court Justice Amy Coney Barrett joins Sarah Isgur and David French from the Lawyer’s Room at the Supreme Court. They begin with a lightning round of questions (Emergency docket? Certiorari pronunciation?) before diving into ACB’s thoughts on originalism and discussing her new book, Listening to the Law: Reflections on the Court and the Constitution.
The Agenda:
—Lightning round!
—Give up, “equity docket,” David
—Do oral arguments even matter anymore?
—All about originalism
—Life as a Justice Antonin Scalia clerk
—Law school: to go or not to go?
Advisory Opinions i...
Duration: 01:05:48Free Speech and ‘The Executive Power’ | FIRE Crossover
Sep 04, 2025David French and Sarah Isgur speak with Nico Perrino to discuss the origin story of Advisory Opinions and the few free speech issues where they disagree with the Foundation for Individual Rights and Expression (FIRE).
Show Notes:
—Origin story of Advisory Opinions
—Disagreements between FIRE and AO
—Why FIRE doesn’t editorialize on the content of speech
—Limits of presidential power
—Free speech, the dread of tyrants
—The prosecution of political figures
—Cracker Barrel
—State of the conservative legal movement
Advisory Opinions is a production of The Dispatch, a digital med...
Duration: 01:16:26When Flag Burning Becomes a Crime | Interview: Sanford and Cynthia Levinson
Aug 28, 2025Sarah Isgur and David French talk about flag burning and protected free speech in the wake of President Donald Trump’s executive order on the same subject.
Then, husband-wife duo Sanford and Cynthia Levinson, authors of Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today, join to discuss why they believe some of our contemporary political problems stem from our founding document.
The Agenda:
—President Trump's executive order
—Texas v. Johnson
—Dinkus vs. Dingus
—Greenbag.org
—NIH v. American Public Health Association
—Intro to consti...
Political Retribution? | Interview: Saikrishna Prakash
Aug 26, 2025Sarah Isgur and David French analyze the legalities of the FBI’s raid on former National Security Adviser John Bolton’s home. Then, an interview with Saikrishna Bangalore Prakash on his forthcoming book, The Presidential Pardon: The Short Clause with a Long, Troubled History.
The Agenda:
—What could have triggered an FBI raid on John Bolton?
—Is Chris Christie next on the investigation list?
—Mortgage fraud investigations
—More and more norm violations
—The double-edged sword of pardons
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, polic...
Duration: 01:00:13Are Age Verification Laws Constitutional?
Aug 21, 2025Sarah Isgur and David French analyze Justice Brett Kavanaugh’s concurrence in the NetChoice v. Mississippi case and whether or not states can enforce unconstitutional laws.
The Agenda:
—Battle of the irreparable harms
—SCOTUS and political battles
—Revisiting minors’ First Amendment rights
—Dissential battle raging at the 6th Circuit
—White House joins TikTok
—Let the drag shows continue
—Christian Legal Society vs. Martinez
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Duration: 00:54:31Federalizing D.C. | Live From the Alaska Federal Bar Association
Aug 19, 2025Sarah Isgur and David French break down President Donald Trump’s far-reaching use of executive powers—from calling in the National Guard at home to pushing the limits of tariff authority abroad. Then, they continue part two of life advice for lawyers with 9th Circuit Judge Patrick Bumatay.
The Agenda:
—Sarah and David and Putin, oh my!
— “Presence patrols" in the nation's capital”
—Trump administration's 28(j) letter
—Judge Readler claps alone for the 6th Circuit
—The physics of guns and “bad man stays in jail doctrine”
—Navigating failures in legal careers
—Answering audience qu...
Hookers and Kushners | Interview: Chris Christie
Aug 14, 2025Former New Jersey Gov. Chris Christie joins Sarah Isgur and David French to give advice to all young attorneys and aspiring legal professionals. Plus: some war stories from Trump Force One.
The Agenda:
—Frenemies
—Christie’s time as a U.S. attorney
—The difference between a podium and a lectern
—No class reunions at the White House
—We’ve all crashed out at some point
—‘I’m not a potted plant’
—Should Christie wear make-up?
—VeggieTales and David French
Advisory Opinions is a production of The Dispatch, a digital media company co...
Duration: 00:59:24Abraham Lincoln, Originalist | Interview: Akhil Amar
Aug 12, 2025Akhil Amar, Sterling Professor of law and political science at Yale, joins Sarah and David for a deep dive into the constitutional battles and amendments that ended slavery, offering a preview of his forthcoming book, Born Equal: Remaking America’s Constitution, 1840–1920.
The Agenda:
—Exploring originalism and American identity
—Our canonical texts
—The Second Amendment and originalism
—The evolution of constitutional interpretation
—‘His errors were symmetric’
—Harriet Beecher Stowe: America’s first female superstar
Show Notes:
—Read "Brothers In Law"
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Duration: 00:58:22Drive-By Rulings | Interview: J. Joel Alicea
Aug 07, 2025J. Joel Alicea, professor at Catholic University's Columbus School of Law, joins Sarah Isgur and David French to discuss race-conscious redistricting. Then, they viciously attack Professor Alicea for thinking text, history, and tradition right.
The Agenda:
—Congressional acquiescence
—Louisiana v. Callais
—On questions presented
—Bruen Was Right by J. Joel Alicea
—The three eras of originalism
—Listener email: Has Bruen made any babies?
Show notes:
—SCOTUSblog coverage of Louisiana v. Callais
—Allen v. Milligan
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Duration: 01:05:16Getting Into Law School | Interview: Miriam Ingber and Kristi Jobson
Aug 05, 2025Sarah Isgur and David French are joined by Miriam Ingber, associate dean of admissions & financial aid at Yale Law School, and Kristi Jobson, dean of admissions at Harvard Law School, to discuss what they’re looking for in applicants.
The Agenda:
—Who even reviews applications these days?
—The influx of applications
—AI applications
—Up in arms about the LSAT
—The role of accommodations
—Financial aid decisions
Show Notes:
—Ingber and Jobson’s podcast
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Duration: 01:12:39Guns, Gays, and Birthright Citizenship
Jul 31, 2025Sarah Isgur and David French break down a few 9th Circuit cases, including one on gender ideology and free speech rights. Plus, a super sexy snippet on state standing.
The Agenda:
—First Amendment and foster parents
—15 minutes to buy a gun
—No background checks for ammunition
—Lower courts struggle with text, history and tradition
—The hot mess of state standing
—What heavy metal band is each Supreme Court justice?
—The great professionalization shift of the 21st century
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Duration: 01:05:55Will Ghislaine Maxwell Split the Circuits?
Jul 29, 2025Sarah Isgur and David French discuss how Jeffrey Epstein’s ex-girlfriend, Ghislaine Maxwell, is attempting to get out of jail on a technicality. Could a deal with the Department of Justice involving Epstein extend to her?
Agenda:
—Ghislaine’s team identifies a circuit split
—MAGA and the Epstein list
—189 days of lawlessness on the TikTok ban
—The emergency docket is a mess
—Justice Elena Kagan's dissent and the precedential value of interim orders
—SCOTUS gaining favorability
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Duration: 01:07:23Separation Anxiety: Courts and Congress
Jul 24, 2025Sarah Isgur and David French discuss Alina Habba’s removal as U.S. attorney pick and the one consistent position of the Trump administration: We get to do what we want.
—Scrutinizing the Vacancies Reform Act
—Friendly vs. hostile U.S. Senates
—Good luck to the criminals in the Northern District of New Jersey
—Listener question: change the vesting clause?
—Second Circuit issues decision on remand for Nat’l Rifle Ass’n of Am. v. Vullo.
—If you're going to charge a conspiracy, there better be a conspiracy
—Critical race theory curriculum
—Poison...
Signing Away Constitutionality
Jul 22, 2025Sarah Isgur and David French discuss the use of autopens as a permission structure and David’s Very Big Problems with technology and the pardon power.
—What is an autopen?
—The problems with David’s problems
—Buckets of pardons
—Day 182 of ignoring the TikTok law
—Dispensing power vs. autopen power
—Bullying our way to cultural victory
—Mandatory reporting and Catholic priests
—Responding to Supreme Court clerks
—TL;DR concurrence
Show Notes:
—New York Times article on Biden's pardons
—McMahon v. New York
—Andy Smarick’s piece for The Dispatch
—Bo...
An Inconsequential Term?
Jul 17, 2025Sarah Isgur, David French, and Kannon Shanmugam again reunite for the annual Paul, Weiss summer associate live recording. The three discuss Justice Ketanji Brown Jackson’s mysterious jurisprudence, political pressure on the Supreme Court bench, and firmly bound, braggadocious briefs.Plus: billable hours, a (not) blockbuster term, and Sarah’s insecurity over Texas’ quaint size.
The Agenda:
—The Biter and Aqua Girl
—Trump v. Casa, injunctions, and class actions
—Pushback on Justice Jackson as the #Resistance justice (and how to write an email)
—Splitting the baby on paper vs. digital cert petitions
Educating the Youth
Jul 15, 2025Sarah Isgur and David French, live from the FIRE Student Network Summer Conference, discuss free speech in non-profits and schools before Sarah takes listeners through the history of Citizens United. Before the youth bring their questions, Sarah and David talk Clinton documentaries and how campaign financing could be a little better.
The Agenda:
—Can 501(c)3’s endorse a candidate?
—No “false” pronouns in Florida classrooms
—The pain of campaign history and the core of protected speech
—Citizens United, yay!
—Put your money where your speech is
—Why Citizens United didn’t matter...
Blockbuster Cases
Jul 10, 2025Sarah Isgur returns to her home state of Texas to join a panel of leading constitutional scholars for a deep dive into the most significant Supreme Court decisions of the term. Alongside experts Jonathan Adler, Daniel Epps, and Frederick Lawrence, she examines key cases and explores the growing influence of politicians and the media on how the court is viewed by the public.
The Agenda:
—Is there a play in the joints between religion clauses and the First Amendment?
—Why is it called United States. v Skrmetti?
—The Fifth Circuit is the new Ninth Circuit...
State Power vs. Parental Rights
Jul 08, 2025Could a parental consent law finally be headed to the Supreme Court? Justices Samuel Alito and Clarence Thomas recently declined to take up a case—but their silence may be saying more than a firm “no.”
—Camp Mystic tragedy in Texas
—Denial of cert on a case involving minors and abortion
—We can't send people to get tortured, even if they're criminals
—First Amendment rights and government speech
—LA COVID evictions
—Not the most sympathetic pro-life protester
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Duration: 01:08:17SCOTUS 2025 Term Debrief
Jul 03, 2025Pardon our legal nerd-out as Sarah Isgur, David French, Amy Howe, David Lat, and Zachary Shemtob—our dream team of SCOTUSBloggers and Advisory Opinions hosts—break down the biggest moments from the Supreme Court’s term.
What made this term so mellow? Which rulings came out of left field? And is Justice Jackson the Supreme Court’s breakout star?
The Agenda:
—Mellow vibes all around
—Emergency Docket vs. Merits Docket
—Cert petition surprises and denials
—Oral argument highlights
—Justice Clarence Thomas’ post-Dobbs influence
—Looking ahead
Show Notes:
—SCOTUSblog's Stat Pack<...
Justice Kagan’s Supreme Court
Jul 01, 2025Sarah Isgur and David French break down the biggest takeaways from the Supreme Court’s latest term using SCOTUSblog’s stat pack as their guide. They also explain the outcomes in the Texas explicit content case and the “pride puppy” case.
The Agenda:
—OT25 in review
—The most influential justice
—What makes a case “important”
—Free Speech Coalition, Inc. v. Paxton
—Explaining tiers of scrutiny
—The pride puppy case
—Curriculum opt-outs
— Mahmoud v. Taylor
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Duration: 01:23:34SCOTUS Sides with Trump
Jun 27, 2025Divided Argument hosts Daniel Epps and William Baude join Sarah Isgur to unpack the Supreme Court’s decision (ahem, non-decision) on birthright citizenship. Plus: a little showdown between two justices.
The Agenda:
—What the Supreme Court did NOT decide
—What the Court DID decide
—Similarities to Marbury v. Madison,Loper Bright, and Chevron
—Justice Amy Coney Barrett v. Justice Ketanji Brown Jackson
—Judicial supremacy?
—Sir, this is not a Denny’s
—Injunction influx
—The future of forum shopping
—A big July for Advisory Opinion
Show Notes:
—SCOTUSblog on the 6-3 de...
Ruling Against Planned Parenthood
Jun 27, 2025Sarah Isgur and David French face the muddiness of a case on moving criminal aliens to South Sudan, the messiness of death penalty cases, and the potential abortion distortion of a plain ol’ statutory question. Today’s dessert, though, is analyzing an interview of Justice Samuel Alito by the Hoover Institution.
The Agenda:
—Mark Justice Clarence Thomas off your bingo card
—Supreme Court’s yellow light for moving criminal aliens to third-party countries
—Gutierrez v. Saenz
—Medina v. Planned Parenthood South Atlantic
—Sarah’s pet peeve: 18th century life expectancy stats
—Chief + Gorsuch = cr...
Hubris in Legal Movements
Jun 24, 2025Sarah Isgur and David French cover two less-exhilarating Supreme Court decisions (faxes, anyone?) and re-visit the Skrmetti decision. It’s four decisions from the district courts, though, that really steal the show.
The Agenda:
—TikTok ban ticks on
—Diamond Alternative Energy v. EPA
—McLaughlin Chiropractic Associates, Inc. v. McKesson Corp.
—What constitutes gender dysphoria?
—Free expression in the spa?
—Supreme Court won’t bother with Trump’s call on the National Guard now
—New Mexico kidnapping and murder case and the commerce clause
—Public schools’ 10 Commandments
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Duration: 01:05:34Skrmetti and Certiorari
Jun 19, 2025Sarah Isgur and David French break down the Supreme Court’s 6-3 decision to uphold Tennessee’s law that bans transgender medical intervention for minors. It’s about age, not sex.
The Agenda:
—Banning TikTok
—Trump defies Congress
—Tennessee’s ban on certain medical treatment for transgender minors
—Queasy about judge-made doctrines
—The girls are fighting
—Just call it cert
Show Notes:
—Jack Goldsmith on Iran
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Duration: 01:06:40Unprovoked War
Jun 17, 2025Sarah Isgur and David French break down Israel’s latest strikes on Iran and the legal questions surrounding them. Was it a justifiable preemptive move, a murky act of prevention, or simply part of an already ongoing war?
The Agenda:
—Hypotheticals and lawful acts of war
—The role of international law
—Iran’s response
—Trump’s national guard deployment
—Raiding Los Angeles
—Wrong, wrongy wrong, McWronger face
—Time for some role play
—Justice Amy Coney Barrett: A New Era in the Supreme Court
This episode is brought to...
Duration: 01:21:07Right To Sue the Feds
Jun 12, 2025Sarah Isgur and David French check the temperature on Thursday’s Supreme Court hand downs (cold term, anyone?), diving into a case where federal agents raided the wrong house.
The Agenda:
—Death penalty stuff and successive habeas petitions
—Gorsuch the libertarian
—FBI raid gone wrong
—Explaining the Federal Tort Claims Act and Bivens
—Conspiracy theory time
—Associated Press and their access to press
—We’re all ‘cranckpots’
—Is yoga protected by the First Amendment?
Advisory Opinions is a production of The Dispatch, a digital media company covering politi...
Duration: 01:01:51Liberal Justices, Conservative Outcomes
Jun 10, 2025Sarah Isgur and David French break down the legal merits of the Trump administration’s mobilization of the National Guard and the latest opinions from the liberal side of the Supreme Court.
The Agenda:
—Federalization of National Guard troops
—Liberal justices, conservative outcomes
—AI’s bad legal analysis
—Reverse employment discrimination
—Suing gun manufacturers
—Catholic charities
—Class-action lawsuit and kiosks
Show Notes:
—Mitch Landrieu on The Dispatch Podcast
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, co...
Duration: 01:02:07Abundance Judges
Jun 05, 2025Sarah Isgur and David French discuss the hottest case on everyone’s lips—Seven County Infrastructure Coalition v. Eagle County—and how buzz around Abundance Democrats may have influenced the outcome.
The Agenda:
—Some regulatory papers are longer than the railroads entities were requesting to build
—Subbing in recused SCOTUS judges, what could go wrong?
—Abortion battles in Texas
—Yes, maybe having Steve Bannon's case at the Supreme Court is a good thing
—Judges act differently on camera
Show Notes:
—John Ross' "Short Circuit" newslette...
Tariff-ic Meltdowns
Jun 03, 2025Sarah Isgur and David French discuss the legal back and forth regarding President Donald Trump’s tariffs before turning to his attacks on the Federalist Society.
The Agenda:
—Court of international trade blocks Trump’s tariffs
—Appeals court reinstates tariffs
—Major questions, explained
—Jack Goldsmith on IEEPA
—Trump goes after Leonard Leo
—What is the difference between a lie and criminal fraud?
—Granting and revoking immigration statuses
—Blue Book reform
Advisory Opinions is a production of The Dispatch, a digital media company covering polit...
Duration: 01:15:57Dead Man Walking Precedent
May 29, 2025Sarah Isgur and David French explain the Supreme Court opinion in Trump v. Wilcox on presidential removal limits. Plus: an update on the religious charter schools case.
The Agenda:
—Future of religious charter schools
—Trump v. Wilcox
—Can Congress limit executive removals?
—“Only two genders” T-shirt
—The Court’s First Amendment jurisprudence
—“Beat the children with sticks”
—A gumbo footnote
—Tips for the bar exam: Don’t do what Sarah and David did
Show Notes:
—Seila Law
Advisory Opinions is a production of The Dispatch, a digi...
You’re Wrong About Originalism
May 22, 2025Sarah Isgur and David French are joined by William Baude, professor at the University of Chicago Law School, to discuss the scandalizing origins of originalism. But first, a recap of SCOTUS cases.
The Agenda:
—Narrowing the Fourth Amendment
— Where is Kilmar Abrego Garcia?
—AARP v. Trump is an unfortunate case name
—Facebook post raises eyebrows for Maine lawmakers
—Correcting the color of our briefs
—Dissents, dissental, disgrantle
—Move over Robert Bork
Advisory Opinions is a production of The Dispatch, a digital media company covering p...
Duration: 01:13:03A Charge on Gettysburg
May 20, 2025Sarah Isgur and David French invite Judge Kevin Newsom of the 11th Circuit to discuss his time clerking for Justice David Souter and the strong humility that defines the late justice’s legacy. Then, Sarah and David recap their annual Legal Eagles trip to Gettysburg.
The Agenda:
—Justice David Souter’s independent mind and the significance of his judicial philosophy
—6th Circuit Judge Chad Readler breaks down Legal Eagles trip to Gettysburg
—The Constitution and the Civil War with 6th Circuit Chief Judge Jeffrey Sutton
—Chief Judge Edmund Sargus of the Southern District of Ohioshare...
LIVE: SCOTUS Hears Birthright Citizenship Case
May 15, 2025In a special live Advisory Opinions x SCOTUSblog crossover event, Sarah Isgur was joined by David French, David Lat, Zachary Shemtob, and Amy Howe (live from the Supreme Court), to react to the oral argument in Trump v. CASA, Inc.
The question: Whether the Supreme Court should stay the district court’s nationwide preliminary injunction on the Trump administration’s executive order ending birthright citizenship.
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispat...
Duration: 01:05:59The Clash of Culture and Employment Rights
May 13, 2025Sarah Isgur and David French are coming to you from Gettsyburg with two free speech cases. Is posting aborted fetuses a religious practice?
The Agenda:
—Join us May 15th for a special live Advisory Opinions
—Substantial disruption and school dress codes
—Free speech, employment rights, and religious discrimination
—Do we need a third founding?
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings, click here.
... Duration: 00:55:09
Actual Animus
May 08, 2025David French returns from his other job to discuss President Trump’s transgender military policy with Sarah Isgur. Does the Supreme Court hate transgender people? (Hint: No.)
The Agenda:
—Transgender military policy reflects ongoing debates about authority and judicial deference
—Demonstrating animus
—Making David blush
—You can't be an erotic dancer if you're under 21 in Florida
—Weak and strong originalism and the role of precedent
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan...
Duration: 01:03:49Right-on-Right Violence
May 06, 2025The Advisory Opinions extended universe kicks off as SCOTUSblog's Amy Howe and David Lat join Sarah Isgur to discuss the St. Isidore of Seville religious charter school case and the debate over school choice.
The Agenda:
—A ‘public’ public school or a ‘private’ public school?
—Justice Amy Coney Barrett's recusal
—Will Chief Justice John Roberts be the swing vote?
—Will birthright citizenship end?
—May 15: Mark it on your calendar
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Duration: 01:06:02Are Religious Charter Schools Legal?
May 01, 2025Sarah Isgur and David French explain the upcoming Supreme Court decision regarding the public chartering of religious schools and how it might implicate the establishment clause.
The Agenda:
—Justice Gorsuch is the new Justice Kennedy
—More on SCOTUS lie-gate
—Magic and Larry Bird (Lisa Blatt and Roman Martinez)
—Lisa Blatt’s apology
—FBI knocks down the wrong door
—Chartering religious schools
—What is a charter school?
—The establishment clause question
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Duration: 01:00:14The Arrest of Judge Hannah Dugan
Apr 29, 2025Sarah Isgur and David French are joined by Amy Howe and David Lat, of The Dispatch’s extended legal universe, to debate whether the Supreme Court should be more transparent.
Sarah and David then separate fact from the fiction in the arrest of Judge Hannah Dugan. (Also: should there be cameras in the Supreme Court?)
The Agenda:
—Cameras at SCOTUS?
—SCOTUS oral argument goes off the rails
—Calling other lawyers the “L” word
—The arrest of Judge Hannah Dugan
—Immunity doctrine is a mess
—Louis Vuitton a...
SCOTUSblog, Welcome to The Dispatch
Apr 24, 2025Amy Howe, the voice of SCOTUSblog, joins Sarah Isgur and David French to discuss the news of The Dispatch’s acquisition of SCOTUSblog.
Also: What's the equity in equity dockets?
The Agenda:
—SCOTUSblog joins The Dispatch
—Puppies (and pride?)
—Harvard fights back
—Equity dockets, revisited
Show Notes:
—Read more on the acquisition
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conser...
Duration: 01:09:37Judge v. (Unethical) Lawyer
Apr 22, 2025Sarah Isgur and David French react to Donald Trump’s latest legal battles and talk to friend of the pod Judge Amul Thapar about his new wellness Substack.
\The Agenda:
—Birthright citizenship oral argument
—Trump's use of Alien Enemies Act blocked
—The FAFO bucket
—Criminal contempt proceedings against the Trump administration
—'An opinion for the ages'
—Judges Thapar’s wellness advice
Show Notes:
—Justice Alito's dissent on Alien Enemies Act
—William Baude on the birthright citizenship oral argument
Advisory Opinions i...
Duration: 01:09:25The Collision Is Coming
Apr 17, 2025Sarah Isgur and David French discuss the ongoing saga of Kilmar Abrego Garcia’s illegal deportation and what’s next for the man currently in a notorious El Salvadoran prison.
The Agenda:
—SCOTUS order: effectuate vs. facilitate
—Emergency docket scorecard
—Turnover at the solicitor general's office
—MAGA's legal strategies backfiring
—Tariff lawsuit in California challenges executive power
—Papa Musk
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatc...
Duration: 00:57:04The Rights of Deportees
Apr 10, 2025Sarah Isgur and David French examine detainees’ rights and habeas corpus before reacting to the Season 3 finale of White Lotus.
The Agenda:
—Gitmo: Hamdi and Rasul
—Legal status of El Salvador detainees
—Courts and human rights
—The Associated Press' fight for free speech
—White Lotus and evolutionary psychology
—Friend groups should have even numbers
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings, click here.<...
Duration: 00:57:57🚨 Trump (Kind Of) Wins On Alien Enemies Act
Apr 08, 2025Sarah Isgur and David French review the Supreme Court’s emergency decision on the Trump administration’s use of the Alien Enemies Act.
The Agenda:
—Due process matters
—The clean hands problem
—More forum shopping
—What is “reasonable notice”?
—Firing probationary workers
—Amy Coney Barrett and John Roberts are the new swing votes
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings, click here.
Le...
Duration: 00:41:04Justice Barrett's RICO Revolution
Apr 08, 2025Sarah Isgur and David French explain how the tariff power may make its way to the Supreme Court as a “major question” and debate the ethics of arguing in front of your children.
The Agenda:
—IEEPA, explained
—SCOTUS on USAID freeze
—Make vaping great again
—The most OCD employee
—Natural law is real
—In defense of legal activism
—How to argue in front of your children
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a n...
Duration: 01:27:08Evangelizing vs. Proselytizing
Apr 03, 2025Sarah Isgur and David French discuss Wisconsin's unemployment tax case, which touches on the intersection of religious liberty and legal standards. When is an institution operating primarily for religious purposes?
The Agenda:
—We don’t cover internet beefs
—Trump v. All
—Can Catholic Charities keep its tax-exempt status?
—Wisconsin Supreme Court races are vicious and cruel
—Generalists vs. specialists
—Evolution of activist legal organizations
—Answering listener questions about Trump running for a third term in office
Show Notes:
—Catholic Charities Bureau v...
Duration: 01:02:25Aliens and Enemies
Apr 01, 2025Sarah Isgur and David French review the Trump administration’s latest executive order targeting law firms, the legal challenge against the White House’s invocation of the Alien Enemies Act, and the problems surrounding universal injunctions.
The Agenda:
—David’s dangerous brush with nature
—Trump’s non-strategic executive orders against law firms
—Can the courts review a proclamation invoking the Alien Enemies Act?
—Is immigration an “invasion”?
—OPM ain’t got no standing
—Sued for cracking, then sued for packing (in a redistricting case)
—The 0-9 prediction on nondelegation...
Duration: 01:10:34Second Amendment v. Ghost Gun Ban
Mar 27, 2025Sarah Isgur and David French discuss the Supreme Court’s ruling to uphold the the ban on ghost guns. Is it really about the Second Amendment?
Sarah and David are then joined by Gregg Costa—partner at Gibson Dunn and former Fifth Circuit judge—to explain the issue with universal injunctions and forum shopping.
The Agenda:
—I ain’t afraid of no ghost (gun)
—A big week for Justice Neil Gorsuch
—Mens rea and regulation
—False vs. misleading
—$660 million, baby
—Judicia...
Duration: 01:24:58Betrayal of the Law Firms
Mar 25, 2025Sarah Isgur and David French give us an update on the Paul Weiss legal drama and the frontal attacks on the law firm from the Trump administration. Plus, video dissents and a bill tackling injunctions.
The Agenda:
—The deal
—The Texas Lawbook responds to Trump administration
—Skadden Arps and the backlash
—Paul, Weiss chair's Sunday afternoon memo
—Dinesh D'Souza, for some reason
—The Dissenting Judge
—The end of universal injunctions?
Advisory Opinions is a production of The Dispatch, a digital media com...
Duration: 01:12:25Do You Have ‘Parental Rights’?
Mar 20, 2025Sarah Isgur and David French discuss Chief Justice John Roberts’ recent rebuke of President Donald Trump and the proper way to criticize a court’s opinion.
The Agenda:
—Judicial independence and integrity
—Orin Kerr and Michael C. Dorf debate
—The “confusing” McDonnell Douglas framework
—Parental due process rights
—Age restrictions on the 2A
—Free speech for professors
—SCOTUS’ lottery system
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of ...
Duration: 01:10:07Is Trump Going to War Against the Rule of Law?
Mar 18, 2025In this less-than-cheerful episode, Sarah Isgur and David French discuss threats to the judiciary external and internal, exploring the Trump administration’s legal maneuvers against law firms and drawing parallels to historical events like the Alien and Sedition Acts.
The Agenda:
—SCOTUS Update: All B cases
—A judge’s gamesmanship on birthright citizenship
—Leave Justice Amy Coney Barrett’s sister alone
—Paul, Weiss and Trump’s threats to the rule of law
—Venezuelans are being deported
—Defying TROs
—Integralism rears its ugly head
Show Notes:
...
Duration: 01:51:42Humphrey’s Executor
Mar 13, 2025Live from the University of Michigan, Sarah Isgur and David French are joined by law professors Josh Chafetz, Aaron Nielson, Jennifer Mascott, and other special guests, to explain Humphrey's Executor and the executive power of removal.
The Agenda:
—Myers v. United States
—Humphrey's Executor v. United States
—Peekaboo
—The “illimitable power of removal”
—Was Madison right about “liquidation”?
—Congressional accountability
—Civil service reform
—Justice Barrett
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-pa...
Duration: 00:58:44Can Trump Deport Hamas-Supporting Students?
Mar 11, 2025Between President Donald Trump’s executive order targeting Perkins Coie and interim D.C. U.S. Attorney Ed Martin sending letters to Georgetown Law, it has been quite the week for weaponized government. Sarah Isgur and David French dive into these two headliners, as well as a First Amendment debate involving green card holders.
The Agenda:
—More Sarah lore: Combative hula-hooping
—Perkins Coie and President Trump's executive orders
—FIRE's response to the Trump administration's threat to deport anti-Israel protesters
—Eugene Volokh's fact sheet on aliens and speech
—Another lett...
Duration: 01:15:33The $2 Billion Dollar Case
Mar 06, 2025David Stras, appeals judge for the 8th Circuit, joins Sarah Isgur and David French at the University of Chicago Law School to discuss complexities of case selection in the Supreme Court, the quality and clarity of judicial opinions, and disagreements with Justice Clarence Thomas.
The Agenda:
—Recent SCOTUS cases
—Supreme Court denies Trump request
—SCOTUS kicks bias response teams
—Judge Stras' background from Holocaust survivor grandparents
—Decline in Supreme Court cases
—Cert pool theory
—Professionalization of justices has changed the landscape of the court
—Po...
Duration: 01:07:25Rod Rosenstein and Robert Hur Talk Special Counsels
Mar 04, 2025Sarah Isgur invites former Deputy Attorney General Rod Rosenstein and special counsel Robert Hur to discuss the significance of special counsels, including the appointment process involved and the public’s perception of their independence and accountability.
The Agenda:
—Historical context of special counsels
—Evolution of special counsel regulations
—The personal impact
—Role of predication
—Public confidence
—Q&A!
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s...
Duration: 01:06:31Origins: From Kings to Executives
Feb 27, 2025David French is off doing David French things, so Sarah Isgur takes over the podcast and invites Judge Charles Eskridge of the Southern District of Texas and Judge Brantley Starr of the Northern District of Texas to discuss all things Texas—and the powers of the executive branch.
The Agenda:
—What’s exciting about Locke?
—Here comes the Old Whig
—King of England vs. the American president
—Appeal to heaven
—Second terms are bad news
—The shallow state
—Departmentalism and lawsuits
Show Notes:
...
Duration: 01:12:36The Hallway Interviews
Feb 25, 2025Sarah Isgur and David French chased down a handful of authors over the weekend at the National Constitution Center for hallway interviews about life, liberty, and ... witches.
The Agenda:
—Jeff Rosen teaches us about happiness
—Virtue vs. pleasure
—Salem witch trials!
—Nobody burns, they hang
—What does it mean to be a lawyer?
—Living beyond the billable hour
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’...
Duration: 01:19:50Friends With DOJ Benefits
Feb 20, 2025David Lat joins Sarah Isgur and David French to analyze what’s behind the Department of Justice’s motion to dismiss the case agains New York City Mayor Eric Adams.
The Agenda:
—Friends get benefits in the Trump admin
—Attorneys operating under a dual sovereignty
—How good of a narc can you be?
—Listener questions!
—How Rome falls
—Retribution
—Grading the judiciary
Show Notes:
—Will Chamberlain's tweet
—Denise Cheung resigns
—AO's emergency-ish episode on Sassoon
Advisory Opinions i...
Duration: 01:07:55Are Trump's Friends Above the Law?
Feb 17, 2025In an emergency-ish episode, Sarah Isgur and David French go over the timeline of the Thursday Afternoon Massacre and its immediate fallout. What does the past week portend for President Donald Trump’s Department of Justice?
The Agenda:
—Danielle Sassoon’s letter and future
—Worst possible way to do a not-insane thing
—The state of the DOJ
—Trump’s Napoleon tweet
—How much power does Elon Musk actually have?
Show Notes:
-Nick Catoggio on Danielle Sassoon
Advisory Opinions is a production of The Dispatch...
Duration: 01:01:50Lawless or Just Unwise?
Feb 14, 2025Is President Donald Trump breaking the Justice Department or simply reshaping its priorities? As federal prosecutors resign, Sarah Isgur and David French debate whether we’re looking at another Saturday Night Massacre—and whether that’s how the justice system should work.
The Agenda:
—What is (and isn’t) lawless?
—More on the independence on federal agencies
—One magnificent speech away
—Justice Brett Kavanaugh on fiduciary discretion
—“F— cheerleading”
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan...
Duration: 00:56:10Hiding in the Proverbial Attic
Feb 11, 2025Sarah Isgur and David French steal away to sunny Stanford University to talk shop with law students and bask in a friendlier climate.
The Agenda:
—Casual antisemitism at Cooper Union?
—How to handle disagreement at elite schools
—Gender identifiers for government employees
—Bad injunction takes
—Rejecting the president’s understanding of the Constitution
—Q&A
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings, click here.<...
Duration: 01:08:14Can Churches Commit Fraud?
Feb 06, 2025Sarah Isgur and David French discuss our two favorite topics: God and guns. Can you sue your church, and do young adults have the right to bear arms? ’Merica!
The Agenda:
—Corrections! On USAID comments.
—It is still illegal to murder FBI agents
—SCOTUS chooses to stay out of religious cases
—You can't sue for your tithes
—Young adults have a right to guns
—Bruhimi
—Civic vs. individual rights
Show Notes:
—Tess Bridgeman's article on firings
—Hosanna-Tabor case
—Jack Gol...
Duration: 00:58:42You’re Fired
Feb 04, 2025Sarah Isgur and David French are joined by Erin Hawley, senior counsel to the appellate team at the Alliance Defending Freedom, to discuss the latest, er, kerfuffle that sent federal employees scrambling. Who is in control of executive agencies?
The Agenda:
—Tariffs, funding freeze, and firings
—Congress has the power to collect
—Trump’s workaround
—Barrett vs. Gorsuchian doctrines
—Elon Musk’s power grab
—Where does the fire-at-will power end for the president?
—The Founders say we’re all untrustworthy
Show Notes:
—Justice Bre...
Duration: 01:18:19The Great and Powerful President
Jan 30, 2025With Donald Trump’s second term in full swing, Harvard Law Professor Jack Goldsmith joins Sarah Isgur and David French to discuss the unitary executive theory. Also: We need to discuss law reviews.
The Agenda:
—Unitary executive theory
—President Trump’s sledgehammer
—Congressional oversight no more?
—The Take Care clause
—Interstate tariff prohibitions
—Student-led law reviews: good or bad?
—Expert explains cowrie shells
Show Notes:
—Trump v. United States
—South Dakota v. Wayfair
—Professor Eric Rakowski's profile
—...
Duration: 01:03:25Officer-Created Danger
Jan 28, 2025Sarah Isgur and David French discuss a case before the Supreme Court that challenges the Moment of Threat Doctrine. They predict concurrences all the way down.
The Agenda:
—Are police reasonable in high-stress situations?
—The youngins’ are advocating
—Dicta and slut puppies
—OPM, Oh No
—Justice Jackson’s fashion choices
Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including Sarah’s Collision newsletter, weekly livestreams, and other mem...
Duration: 00:58:04