The Trump Administration's Internal Arguments Over Habeas Corpus

Advisory Opinions

The Dispatch

News, Politics, Government

4.7 • 4K Ratings

🗓️ 16 June 2026

⏱️ 59 minutes

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Summary

Sarah Isgur and David French break down the most recent cert grants out of the Supreme Court's order list and Trump's argument for suspending habeas corpus. The Agenda: —Paid petitions vs. In Forma Pauperis —Six-person juries in Florida —Can undocumented immigrants be held indefinitely? —New York Times reporting on Trump and habeas corpus —Leaked memo fallout —Lawyers using AI —Georgia campaign finance laws —On LSAT accommodations Show notes: —Ramos v. Louisiana —The White House staff secretary’s habeas corpus memo Order Sarah’s book here. Advisory Opinions is a production of SCOTUSblog and The Dispatch, a digital media company covering politics, policy, and culture from a nonpartisan perspective. Click here to sign up for our new Advisory Opinions newsletter, and click here to access all of The Dispatch’s offerings, including audio versions of all our articles and newsletters. 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 Isgher. That's David French. We've got cert grants.
0:25.2	David, I think I'm going to surprise you with one. I think you're going to like it. I think you're going to be into it.
0:29.6	I think you're going to be intrigued by it. We'll see. We also have internal memos from the staff secretary to the chief of staff at the White House on the
0:38.8	suspension of habeas corpus and invoking the Insurrection Act. Heisenberg Uncertainty Principle,
0:46.0	all of you, engineers, chemists, and who write me angry emails about how I don't know what that
0:50.3	means, you're not going to like this podcast. And AI's legal fail rate,
0:57.7	eh, are we there? Eh, an 11th Circuit case on incumbent protection. And finally, we revisit the
1:05.5	accommodations conversation, but this time with data. Thanks, listeners. And David, I'll just tell you that I held a
1:14.1	birthday party for a whole bunch of six-year-olds. And I think you would have really enjoyed this.
1:20.5	There was a 50-foot Star Wars bounce house obstacle course. You had me at Star Wars.
1:28.3	I mean, that's amazing.
1:31.2	And the cake, David the cake, had a Darth Vader mask on it, and it said, Darth Nader.
1:39.8	This was a super homemade cake, y'all, so like it's not the fanciest looking thing.
1:44.8	But yeah, I wrote Darth Nader on the cake. I was pretty proud of myself.
1:48.1	Well, as somebody who has engaged in lightsaber combat with Nate, I can attest to his considerable
1:55.2	skills. And if he's tapping into the dark side of the force, he may now possess power that we
2:00.0	cannot possibly imagine.
2:01.4	It's funny you mentioned that because he asked when the next time you're coming is because he wants a rematch.
2:06.2	This is true. He said, you know, he calls you Steve.
2:09.9	I know, Great Grandpa Steve.
	...

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