Advisory Opinions

Sarah 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 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

Transcribed - Published: 18 December 2025

As 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 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

Transcribed - Published: 16 December 2025

Sarah 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 PAC dilemma—Can Jasmine Crockett win Texas? Show Notes:—Sarah's piece for the New York Times 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

Transcribed - Published: 11 December 2025

Following 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 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

Transcribed - Published: 8 December 2025

Sarah 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!—Meyers v. United States—Can you challenge a state subpoena in federal court? 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

Transcribed - Published: 4 December 2025

Sarah 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 Society Convention 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

Transcribed - Published: 2 December 2025

Sarah 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 Executor headed for Slaughter? 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

Transcribed - Published: 27 November 2025

Sarah 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 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

Transcribed - Published: 25 November 2025

Sarah 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 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

Transcribed - Published: 20 November 2025

What 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 Firearm Possession Constitutional?—The final act of the Trump Show—The New York indictment as Trump’s campaign stage We’re running a listener survey, which you can find at thedispatch.typeform.com/podcast. Show Notes:—Listen to our Dispatch Podcast interview with Jonathan Karl, Steve Hayes, and Declan Garvey 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

Transcribed - Published: 18 November 2025

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

Transcribed - Published: 13 November 2025

Sarah 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 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

Transcribed - Published: 11 November 2025

Following 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 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

Transcribed - Published: 5 November 2025

Sarah 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 Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 4 November 2025

Sarah 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 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

Transcribed - Published: 30 October 2025

Sarah 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 administration? 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

Transcribed - Published: 28 October 2025

Sarah 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 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

Transcribed - Published: 23 October 2025

Sarah 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, 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

Transcribed - Published: 21 October 2025

Sarah 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 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

Transcribed - Published: 16 October 2025

Live 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 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

Transcribed - Published: 14 October 2025

Editor’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 failures of IQ tests that have led to this moment.’—Mail bag!—State courts v. federal courts 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

Transcribed - Published: 9 October 2025

Sarah 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 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

Transcribed - Published: 7 October 2025

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

Transcribed - Published: 4 October 2025

Sarah 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—Trump v. Slaughter—Landor v. Louisiana Department of Corrections and Public Safety—Louisiana v. Callais—Little v. Hecox—West Virginia v. B.P.J.—Chiles v. Salazar—National Republican Senatorial Committee v. Federal Election Commission—First Choice Women’s Resource Centers, Inc. v. Platkin—Hamm v. Smith 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

Transcribed - Published: 2 October 2025

Sarah 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:—Tuesday’s Morning Dispatch: “Trump’s Politicized Justice Department”—Andy McCarthy in National Review: “The Indictment Against Comey Should Be Dismissed”—Andy McCarthy in National Review: “With More Scrutiny, the Trump DOJ Indictment of Comey Gets Worse”—Anastasia Boden for SCOTUSblog: “The Dissent That Would’ve Criminalized Flag Burning” 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

Transcribed - Published: 30 September 2025

Sarah 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. invasionShow Notes:—How Originalism Killed the ConstitutionAdvisory 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

Transcribed - Published: 25 September 2025

Sarah 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 Obama administration.’—Victimization and mismatch in affirmative action arguments—SFFA and race neutral mechanisms—The future of race-neutral policies Show Notes:—The Morning Dispatch on the FCC 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

Transcribed - Published: 23 September 2025

Sarah 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—Granting mootness on a SCOTUS case—The oldest constitutional question—Originalism and the 10th Amendment 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

Transcribed - Published: 18 September 2025

In 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. 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

Transcribed - Published: 16 September 2025

When 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 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

Transcribed - Published: 11 September 2025

Supreme 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 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

Transcribed - Published: 9 September 2025

David 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 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

Transcribed - Published: 4 September 2025

Sarah 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 constitutional law for non-lawyers 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

Transcribed - Published: 28 August 2025

Sarah 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, 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

Transcribed - Published: 26 August 2025

Sarah 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 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

Transcribed - Published: 21 August 2025

Sarah 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 questions 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

Transcribed - Published: 19 August 2025

Former 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 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

Transcribed - Published: 14 August 2025

Akhil 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" Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 12 August 2025

J. 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 is wrong. 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 Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 7 August 2025

Sarah 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 Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 5 August 2025

Sarah 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  This episode is brought to you by Burford Capital, the leading global finance firm focused on law. Burford helps companies and law firms unlock the value of their legal assets. With a $7.2 billion portfolio and listings on the NYSE and LSE, Burford provides capital to finance high-value commercial litigation and arbitration—without adding cost, risk, or giving up control. Clients include Fortune 500 companies and Am Law 100 firms, who turn to Burford to pursue strong claims, manage legal costs, and accelerate recoveries. Learn more at burfordcapital.com/ao. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 31 July 2025

Sarah 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 ⁠⁠ This episode is brought to you by Burford Capital, the leading global finance firm focused on law. Burford helps companies and law firms unlock the value of their legal assets. With a $7.2 billion portfolio and listings on the NYSE and LSE, Burford provides capital to finance high-value commercial litigation and arbitration—without adding cost, risk, or giving up control. Clients include Fortune 500 companies and Am Law 100 firms, who turn to Burford to pursue strong claims, manage legal costs, and accelerate recoveries. Learn more at ⁠⁠burfordcapital.com/ao⁠⁠. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 29 July 2025

Sarah 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—Poisonous fruit of the Garcetti tree—Who has rights over blood spots? ⁠ This episode is brought to you by Burford Capital, the leading global finance firm focused on law. Burford helps companies and law firms unlock the value of their legal assets. With a $7.2 billion portfolio and listings on the NYSE and LSE, Burford provides capital to finance high-value commercial litigation and arbitration—without adding cost, risk, or giving up control. Clients include Fortune 500 companies and Am Law 100 firms, who turn to Burford to pursue strong claims, manage legal costs, and accelerate recoveries. Learn more at ⁠burfordcapital.com/ao⁠. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 24 July 2025

Sarah 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—Bob Bauer piece on progressives This episode is brought to you by Burford Capital, the leading global finance firm focused on law. Burford helps companies and law firms unlock the value of their legal assets. With a $7.2 billion portfolio and listings on the NYSE and LSE, Burford provides capital to finance high-value commercial litigation and arbitration—without adding cost, risk, or giving up control. Clients include Fortune 500 companies and Am Law 100 firms, who turn to Burford to pursue strong claims, manage legal costs, and accelerate recoveries. Learn more at burfordcapital.com/ao. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 22 July 2025

Sarah 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—Guess where Kannon puts his Supreme Court quill pens—It wasn’t a blockbuster term—Circuit court crash course—Don’t mess with Texas—My big fat 9th Circuit Court—Free speech or parental rights? United States v. Skrmetti and Mahmoud v. Taylor This episode is brought to you by Burford Capital, the leading global finance firm focused on law.Burford helps companies and law firms unlock the value of their legal assets. With a $7.2 billion portfolio and listings on the NYSE and LSE, Burford provides capital to finance high-value commercial litigation and arbitration—without adding cost, risk, or giving up control.Clients include Fortune 500 companies and Am Law 100 firms, who turn to Burford to pursue strong claims, manage legal costs, and accelerate recoveries.Learn more at burfordcapital.com/ao. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 17 July 2025

Sarah 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—Discontent in the American public is the American public’s fault—Why super PACs stink—Put your money where the name is—Free speech and David’s disagreement with FIRE—Mahmoud: right outcome, wrong reasoning This episode is brought to you by Burford Capital, the leading global finance firm focused on law. Burford helps companies and law firms unlock the value of their legal assets. With a $7.2 billion portfolio and listings on the NYSE and LSE, Burford provides capital to finance high-value commercial litigation and arbitration—without adding cost, risk, or giving up control. Clients include Fortune 500 companies and Am Law 100 firms, who turn to Burford to pursue strong claims, manage legal costs, and accelerate recoveries. Learn more at ⁠burfordcapital.com/ao⁠. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 15 July 2025

Sarah 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—Will the court rein in excesses of state criminal justice? This episode is brought to you by Burford Capital, the leading global finance firm focused on law. Burford helps companies and law firms unlock the value of their legal assets. With a $7.2 billion portfolio and listings on the NYSE and LSE, Burford provides capital to finance high-value commercial litigation and arbitration—without adding cost, risk, or giving up control. Clients include Fortune 500 companies and Am Law 100 firms, who turn to Burford to pursue strong claims, manage legal costs, and accelerate recoveries. Learn more at burfordcapital.com/ao. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 10 July 2025

Could 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 This episode is brought to you by Burford Capital, the leading global finance firm focused on law.Burford helps companies and law firms unlock the value of their legal assets. With a $7.2 billion portfolio and listings on the NYSE and LSE, Burford provides capital to finance high-value commercial litigation and arbitration—without adding cost, risk, or giving up control.Clients include Fortune 500 companies and Am Law 100 firms, who turn to Burford to pursue strong claims, manage legal costs, and accelerate recoveries.Learn more at burfordcapital.com/ao. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 8 July 2025

Pardon 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 This episode is brought to you by Burford Capital, the leading global finance firm focused on law. Burford helps companies and law firms unlock the value of their legal assets. With a $7.2 billion portfolio and listings on the NYSE and LSE, Burford provides capital to finance high-value commercial litigation and arbitration—without adding cost, risk, or giving up control. Clients include Fortune 500 companies and Am Law 100 firms, who turn to Burford to pursue strong claims, manage legal costs, and accelerate recoveries. Learn more at burfordcapital.com/ao. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 3 July 2025

Sarah 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 This episode is brought to you by Burford Capital, the leading global finance firm focused on law. Burford helps companies and law firms unlock the value of their legal assets. With a $7.2 billion portfolio and listings on the NYSE and LSE, Burford provides capital to finance high-value commercial litigation and arbitration—without adding cost, risk, or giving up control. Clients include Fortune 500 companies and Am Law 100 firms, who turn to Burford to pursue strong claims, manage legal costs, and accelerate recoveries. Learn more at ⁠burfordcapital.com/ao⁠. 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. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 1 July 2025