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Advisory Opinions

Everyone Needs to Stay in Their Lane

Advisory Opinions

The Dispatch

News, Politics, Government

4.8 • 3.6K Ratings

🗓️ 13 November 2025

⏱️ 67 minutes

🧾️ Download transcript

Summary

Sarah 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.  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 experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

Ready?

0:02.0

I was born ready.

0:04.0

I'm Sara Isger.

0:05.0

That's David French, Action-packed pod. Are disturbing the peace statutes actually a violation of your First Amendment rights? We've got non-delegation doctrine galore. We are going to do a deep dive today, and we are using Mr. Gregory

0:38.2

Fezant from the Ninth Circuit, who went on a little motorcycle trip in Nevada as our dive-in

0:46.2

to non-delegation doctrine. We will also talk about the territories clause of the Constitution.

0:51.3

I bet you can't repeat that one verbatim right now. I certainly couldn't.

0:55.2

And Landor, our religious liberty case with Ralupe was argued this week. We'll give you

1:02.1

the breakdown on that one. I don't think it's going to come out the way you thought it was going to

1:05.5

come out. And finally, ignoring orders. If you are a member of the military who's given an order to blow up,

1:12.5

for instance, one of those boats in the Caribbean, can you ignore that order? Can you decide that's

1:18.8

an unlawful order? All this and more on advisory opinions.

1:24.4

I want to talk to my fellow attorneys for a moment. Do you really want to spend time on the technical

1:28.9

side of briefing, blue booking, tables, appendix assembly, bait stamping? Or would you rather focus on your

1:34.9

argument? Type law can take your draft and exhibits and transform them into a court-ready, rule-compliant

1:40.9

e-brief and appendix overnight. They've helped prepare over 10,000

1:44.8

filings in courts across the country, even SCOTUS. Learn more at typelaw.com and use referral

1:50.4

code advisory to save 10% on your first order. That's typelaw.com.

1:57.1

Now, David, I'm going to tell you, producer Nick doesn't seem confident in our ability to do this show because we're both not great.

2:06.6

Producer Nick is new around here because we have podcasted through COVID, Sarah, we have podcasted through flu.

2:16.6

We have podcasted through late pregnancies.

2:19.6

Late pregnancies through laryngitis where one or both of us could barely croak a word out.

...

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