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Advisory Opinions

Judge Gets Vulgar in Transgender Spa Case

Advisory Opinions

The Dispatch

News, Government, Politics

4.7 • 4K Ratings

🗓️ 17 March 2026

⏱️ 65 minutes

🧾️ Download transcript

Summary

Sarah Isgur and David French dive into two Ninth Circuit opinions: one involving an anti-discrimination law in Washington, another related to a first-grade girl being punished for giving her classmate a drawing inspired by what her teacher read in class. The Agenda:–Is the Fifth Circuit still the most conservative court?–Judge VanDyke’s swinging opinion–What is this case even about?–Adrian Vermeule weighs in–Don’t sic a kid’s drawing–First-graders have free speech rights Order Sarah’s book here. Show Notes:–The Postmodern Jurisprudence of Lawrence VanDyke 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

Welcome to advisory opinions. I'm Sarah Isger. That's David French. We're going to talk about two cases today.

0:25.9

One on public accommodation laws and discrimination laws at the state, and another on First Amendment for First Graders.

0:34.7

See, first and first. It works out really well. Let me provide a little

0:38.3

warning, though, especially for those who are not already familiar with the en banc Korean spa case

0:43.7

that we're going to talk about. The first part of our conversation is going to be like every other

0:48.7

AO. If you've got kids in the car, please enjoy. When we go to that first commercial break,

0:56.0

if you have kids near you, we are going to be talking with language that you may not want your kids hearing. So after that

1:02.0

commercial break, feel free to put on headphones or wait until school drop-off has occurred.

1:08.5

And sorry about that, but there was no other way to talk about this without doing

1:12.5

that. So, we hope you enjoy. Now, all the traitors present, let's get started, shall we? From rags to riches.

1:22.0

I'm so sick of this. Working like a dog and being treated worse. Yorkshire to New York.

1:26.9

Poor climbers, you and me. A life dedicated

1:29.6

to revenge. Let's make this an occasion to remember. A woman of substance on Channel 4, stream now.

1:37.8

You know, David, on this podcast, we have spent a lot of time recently on the Fifth Circuit. And we have made the point, in fact, that

1:45.7

really one of the ways you can judge the Supreme Court is by which circuits they are granting

1:52.0

cert to, because, as we've noted, when the Supreme Court grants cert, it is likely to reverse

1:57.0

70% of the time. And so, in days of your when it was most likely to take ninth

2:03.7

circuit cases, you could think of the Supreme Court as having a more conservative bent, but of

2:09.9

late, it has been taking more Fifth Circuit cases from the most conservative court, and that that

2:15.8

maybe pushes back on the idea that it is coming from a

...

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