What Are the Liberties Not in the Constitution?

Advisory Opinions

The Dispatch

News, Government, Politics

4.7 • 4K Ratings

🗓️ 10 March 2026

⏱️ 62 minutes

🔗️ Recording | iTunes | RSS

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Summary

Welcome to the SCOTUSblog/Advisory Opinions Extended Universe, featuring hosts from "Amarica's Constitution" (Akhil Amar and Andy Lipka) and "Divided Argument" (Will Baude and Dan Epps). On today's episode, the group discusses substantive due process in the context of Mirabelli v. Bonta, a California law that prevented teachers from sharing information with parents about their children's gender transitions at school. The Agenda:–Mirabelli v. Bonta–What is Substantive Due Process?–Conservative Legal Movement & Substantive Due Process–Reconciling Dobbs, Retti, and Mirabelli–The Emergency/Interim Docket Debate Show Notes:–The emergency docket’s critics have it backwards 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. And do we have a treat for you guys?
0:24.9	It is, drum roll, the introduction of the Scotus blog Advisory Opinions extended universe. We are bringing on board Amarica's Constitution with Andy Lipka and Akeel Reit Amar, and divided argument with Will,
0:40.2	Bowde, and Dan Epps. And all of them will be joining us for this episode today talking about
0:46.2	substantive due process. What is a substantive due process?
0:52.1	What I've dedicated my life to is revenge.
0:57.1	A brand new drama based on the best-selling novel.
0:59.9	They think they're better than us.
1:00.9	Who do you think you are?
1:02.2	I'm going to prove to them that they're wrong.
1:03.9	She's punishing me.
1:05.4	You destroyed my family.
1:06.8	I will not rest until I've destroyed yours.
1:09.4	A woman of substance on Channel 4 starts tonight at 9.
1:13.3	David, a few updates before we get to all of our new friends and old friends, current friends, etc.
1:19.4	First, AEO listeners have raised $5,000 already for the Supreme Court Historical Society's hometown program, the one that Abriel came
1:29.9	to talk to us about while skipping school, as it turns out. We didn't know that in advance,
1:34.5	but we do appreciate her skipping school. As we have explained, the publisher keeps track of
1:40.7	every single purchase of the book, any format. So if you buy a copy of last branch
1:47.1	standing between March 1st and March 17th, we will be able to see that and we will donate
1:54.4	$30 to the Supreme Court Historical Society's hometown program so that high school students can
	...

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