Advisory Opinions

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

Divided Argument hosts Daniel Epps and William Baude join Sarah Isgur to unpack the Supreme Court’s decision (ahem, non-decision) on birthright citizenship. Plus: a little showdown between two justices. The Agenda:—What the Supreme Court did NOT decide—What the Court DID decide—Similarities to Marbury v. Madison,Loper Bright, and Chevron—Justice Amy Coney Barrett v. Justice Ketanji Brown Jackson—Judicial supremacy?—Sir, this is not a Denny’s—Injunction influx—The future of forum shopping—A big July for Advisory Opinion Show Notes:—SCOTUSblog on the 6-3 decision itself 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: 27 June 2025

Sarah Isgur and David French face the muddiness of a case on moving criminal aliens to South Sudan, the messiness of death penalty cases, and the potential abortion distortion of a plain ol’ statutory question. Today’s dessert, though, is analyzing an interview of Justice Samuel Alito by the Hoover Institution. The Agenda:—Mark Justice Clarence Thomas off your bingo card—Supreme Court’s yellow light for moving criminal aliens to third-party countries—Gutierrez v. Saenz—Medina v. Planned Parenthood South Atlantic—Sarah’s pet peeve: 18th century life expectancy stats—Chief + Gorsuch = criminal justice case—Alito time 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: 27 June 2025

Sarah Isgur and David French cover two less-exhilarating Supreme Court decisions (faxes, anyone?) and re-visit the Skrmetti decision. It’s four decisions from the district courts, though, that really steal the show. The Agenda:—TikTok ban ticks on—Diamond Alternative Energy v. EPA—McLaughlin Chiropractic Associates, Inc. v. McKesson Corp.—What constitutes gender dysphoria?—Free expression in the spa?—Supreme Court won’t bother with Trump’s call on the National Guard now—New Mexico kidnapping and murder case and the commerce clause—Public schools’ 10 Commandments 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 June 2025

Sarah Isgur and David French break down the Supreme Court’s 6-3 decision to uphold Tennessee’s law that bans transgender medical intervention for minors. It’s about age, not sex. The Agenda:—Banning TikTok—Trump defies Congress—Tennessee’s ban on certain medical treatment for transgender minors—Queasy about judge-made doctrines—The girls are fighting—Just call it cert Show Notes:—Jack Goldsmith on Iran 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: 19 June 2025

Sarah Isgur and David French break down Israel’s latest strikes on Iran and the legal questions surrounding them. Was it a justifiable preemptive move, a murky act of prevention, or simply part of an already ongoing war? The Agenda:—Hypotheticals and lawful acts of war—The role of international law—Iran’s response—Trump’s national guard deployment—Raiding Los Angeles—Wrong, wrongy wrong, McWronger face—Time for some role play—Justice Amy Coney Barrett: A New Era in the Supreme Court 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 June 2025

Sarah Isgur and David French check the temperature on Thursday’s Supreme Court hand downs (cold term, anyone?), diving into a case where federal agents raided the wrong house. The Agenda:—Death penalty stuff and successive habeas petitions—Gorsuch the libertarian—FBI raid gone wrong—Explaining the Federal Tort Claims Act and Bivens—Conspiracy theory time—Associated Press and their access to press—We’re all ‘cranckpots’ —Is yoga protected by the First 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, ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠click here⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 12 June 2025

Sarah Isgur and David French break down the legal merits of the Trump administration’s mobilization of the National Guard and the latest opinions from the liberal side of the Supreme Court. The Agenda:—Federalization of National Guard troops—Liberal justices, conservative outcomes—AI’s bad legal analysis—Reverse employment discrimination—Suing gun manufacturers—Catholic charities—Class-action lawsuit and kiosks Show Notes:—Mitch Landrieu on The Dispatch 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, ⁠⁠⁠⁠⁠⁠⁠⁠⁠click here⁠⁠⁠⁠⁠⁠⁠⁠⁠. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 10 June 2025

Sarah Isgur and David French discuss the hottest case on everyone’s lips—Seven County Infrastructure Coalition v. Eagle County—and how buzz around Abundance Democrats may have influenced the outcome. The Agenda:—Some regulatory papers are longer than the railroads entities were requesting to build—Subbing in recused SCOTUS judges, what could go wrong?—Abortion battles in Texas—Yes, maybe having Steve Bannon's case at the Supreme Court is a good thing—Judges act differently on camera Show Notes:—John Ross' "Short Circuit" newslette 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: 5 June 2025

Sarah Isgur and David French discuss the legal back and forth regarding President Donald Trump’s tariffs before turning to his attacks on the Federalist Society. The Agenda:—Court of international trade blocks Trump’s tariffs—Appeals court reinstates tariffs—Major questions, explained—Jack Goldsmith on IEEPA—Trump goes after Leonard Leo—What is the difference between a lie and criminal fraud?—Granting and revoking immigration statuses—Blue Book reform 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: 3 June 2025

Sarah Isgur and David French explain the Supreme Court opinion in Trump v. Wilcox on presidential removal limits. Plus: an update on the religious charter schools case. The Agenda:—Future of religious charter schools—Trump v. Wilcox—Can Congress limit executive removals?—“Only two genders” T-shirt—The Court’s First Amendment jurisprudence—“Beat the children with sticks”—A gumbo footnote—Tips for the bar exam: Don’t do what Sarah and David did Show Notes:—Seila Law  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: 29 May 2025

Sarah Isgur and David French are joined by William Baude, professor at the University of Chicago Law School, to discuss the scandalizing origins of originalism. But first, a recap of SCOTUS cases. The Agenda:—Narrowing the Fourth Amendment— Where is Kilmar Abrego Garcia?—AARP v. Trump is an unfortunate case name—Facebook post raises eyebrows for Maine lawmakers—Correcting the color of our briefs—Dissents, dissental, disgrantle—Move over Robert Bork 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: 22 May 2025

Sarah Isgur and David French invite Judge Kevin Newsom of the 11th Circuit to discuss his time clerking for Justice David Souter and the strong humility that defines the late justice’s legacy. Then, Sarah and David recap their annual Legal Eagles trip to Gettysburg. The Agenda:—Justice David Souter’s independent mind and the significance of his judicial philosophy—6th Circuit Judge Chad Readler breaks down Legal Eagles trip to Gettysburg—The Constitution and the Civil War with 6th Circuit Chief Judge Jeffrey Sutton—Chief Judge Edmund Sargus of the Southern District of Ohioshares the story of Thomas Drummond and his overlooked role in the Civil War—Pickett’s Charge! Show Notes:—SCOTUSblog: “David Souter, Retired Supreme Court Justice, Dies at 85” 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: 20 May 2025

In a special live Advisory Opinions x SCOTUSblog crossover event, Sarah Isgur was joined by David French, David Lat, Zachary Shemtob, and Amy Howe (live from the Supreme Court), to react to the oral argument in Trump v. CASA, Inc. The question: Whether the Supreme Court should stay the district court’s nationwide preliminary injunction on the Trump administration’s executive order ending birthright citizenship. 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: 15 May 2025

Sarah Isgur and David French are coming to you from Gettsyburg with two free speech cases. Is posting aborted fetuses a religious practice? The Agenda:—Join us May 15th for a special live Advisory Opinions—Substantial disruption and school dress codes—Free speech, employment rights, and religious discrimination—Do we need a third founding? 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: 13 May 2025

David French returns from his other job to discuss President Trump’s transgender military policy with Sarah Isgur. Does the Supreme Court hate transgender people? (Hint: No.) The Agenda:—Transgender military policy reflects ongoing debates about authority and judicial deference—Demonstrating animus—Making David blush—You can't be an erotic dancer if you're under 21 in Florida—Weak and strong originalism and the role of precedent 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: 8 May 2025

The Advisory Opinions extended universe kicks off as SCOTUSblog's Amy Howe and David Lat join Sarah Isgur to discuss the St. Isidore of Seville religious charter school case and the debate over school choice. The Agenda:—A ‘public’ public school or a ‘private’ public school?—Justice Amy Coney Barrett's recusal—Will Chief Justice John Roberts be the swing vote?—Will birthright citizenship end?—May 15: Mark it on your calendar Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 6 May 2025

Sarah Isgur and David French explain the upcoming Supreme Court decision regarding the public chartering of religious schools and how it might implicate the establishment clause. The Agenda:—Justice Gorsuch is the new Justice Kennedy—More on SCOTUS lie-gate—Magic and Larry Bird (Lisa Blatt and Roman Martinez)—Lisa Blatt’s apology—FBI knocks down the wrong door—Chartering religious schools—What is a charter school?—The establishment clause question Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 1 May 2025

Sarah Isgur and David French are joined by Amy Howe and David Lat, of The Dispatch’s extended legal universe, to debate whether the Supreme Court should be more transparent. Sarah and David then separate  fact from the fiction in the arrest of Judge Hannah Dugan. (Also: should there be cameras in the Supreme Court?) The Agenda:—Cameras at SCOTUS?—SCOTUS oral argument goes off the rails—Calling other lawyers the “L” word—The arrest of Judge Hannah Dugan—Immunity doctrine is a mess—Louis Vuitton and criminal contempt—Old Whig No. 5—Trump admin and disparate impact—Harvard Law Review’s DEI Show Notes:—Apply to work at SCOTUSblog!—Judge helps criminal escape in 2018 Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 29 April 2025

Amy Howe, the voice of SCOTUSblog, joins Sarah Isgur and David French to discuss the news of The Dispatch’s acquisition of SCOTUSblog. Also: What's the equity in equity dockets? The Agenda: —SCOTUSblog joins The Dispatch —Puppies (and pride?) —Harvard fights back —Equity dockets, revisited  Show Notes: —Read more on the acquisition 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: 24 April 2025

Sarah Isgur and David French react to Donald Trump’s latest legal battles and talk to friend of the pod Judge Amul Thapar about his new wellness Substack. \The Agenda: —Birthright citizenship oral argument —Trump's use of Alien Enemies Act blocked —The FAFO bucket —Criminal contempt proceedings against the Trump administration —'An opinion for the ages' —Judges Thapar’s wellness advice Show Notes: —Justice Alito's dissent on Alien Enemies Act —William Baude on the birthright citizenship oral argument 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: 22 April 2025

Sarah Isgur and David French discuss the ongoing saga of Kilmar Abrego Garcia’s illegal deportation and what’s next for the man currently in a notorious El Salvadoran prison. The Agenda: —SCOTUS order: effectuate vs. facilitate —Emergency docket scorecard —Turnover at the solicitor general's office —MAGA's legal strategies backfiring —Tariff lawsuit in California challenges executive power —Papa Musk 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: 17 April 2025

Sarah Isgur and David French examine detainees’ rights and habeas corpus before reacting to the Season 3 finale of White Lotus. The Agenda: —Gitmo: Hamdi and Rasul —Legal status of El Salvador detainees —Courts and human rights —The Associated Press' fight for free speech —White Lotus and evolutionary psychology —Friend groups should have even numbers 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: 10 April 2025

Sarah Isgur and David French review the Supreme Court’s emergency decision on the Trump administration’s use of the Alien Enemies Act. The Agenda: —Due process matters —The clean hands problem —More forum shopping —What is “reasonable notice”? —Firing probationary workers —Amy Coney Barrett and John Roberts are the new swing votes 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: 8 April 2025

Sarah Isgur and David French explain how the tariff power may make its way to the Supreme Court as a “major question” and debate the ethics of arguing in front of your children. The Agenda: —IEEPA, explained —SCOTUS on USAID freeze —Make vaping great again —The most OCD employee —Natural law is real —In defense of legal activism —How to argue in front of your 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, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 8 April 2025

Sarah Isgur and David French discuss Wisconsin's unemployment tax case, which touches on the intersection of religious liberty and legal standards. When is an institution operating primarily for religious purposes? The Agenda: —We don’t cover internet beefs —Trump v. All —Can Catholic Charities keep its tax-exempt status? —Wisconsin Supreme Court races are vicious and cruel —Generalists vs. specialists —Evolution of activist legal organizations —Answering listener questions about Trump running for a third term in office Show Notes: —Catholic Charities Bureau v. WI Labor Review Comm'n oral argument 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: 3 April 2025

Sarah Isgur and David French review the Trump administration’s latest executive order targeting law firms, the legal challenge against the White House’s invocation of the Alien Enemies Act, and the problems surrounding universal injunctions. The Agenda: —David’s dangerous brush with nature —Trump’s non-strategic executive orders against law firms —Can the courts review a proclamation invoking the Alien Enemies Act? —Is immigration an “invasion”? —OPM ain’t got no standing —Sued for cracking, then sued for packing (in a redistricting case) —The 0-9 prediction on nondelegation case Show Notes: —Executive order against Jenner & Block —Executive order against WilmerHale 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 April 2025

Sarah Isgur and David French discuss the Supreme Court’s ruling to uphold the the ban on ghost guns. Is it really about the Second Amendment? Sarah and David are then joined by Gregg Costa—partner at Gibson Dunn and former Fifth Circuit judge—to explain the issue with universal injunctions and forum shopping. The Agenda: —I ain’t afraid of no ghost (gun) —A big week for Justice Neil Gorsuch —Mens rea and regulation —False vs. misleading —$660 million, baby —Judiciary is politicized —Administrative Procedure Act and universal injunctions —Predicting SCOTUS outcomes Show Notes: —Gregg Costa's podcast: A View from the Bench 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: 27 March 2025

Sarah Isgur and David French give us an update on the Paul Weiss legal drama and the frontal attacks on the law firm from the Trump administration. Plus, video dissents and a bill tackling injunctions. The Agenda: —The deal —The Texas Lawbook responds to Trump administration —Skadden Arps and the backlash —Paul, Weiss chair's Sunday afternoon memo —Dinesh D'Souza, for some reason —The Dissenting Judge —The end of universal injunctions? 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: 25 March 2025

Sarah Isgur and David French discuss Chief Justice John Roberts’ recent rebuke of President Donald Trump and the proper way to criticize a court’s opinion. The Agenda: —Judicial independence and integrity —Orin Kerr and Michael C. Dorf debate —The “confusing” McDonnell Douglas framework —Parental due process rights —Age restrictions on the 2A —Free speech for professors —SCOTUS’ lottery system 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: 20 March 2025

In this less-than-cheerful episode, Sarah Isgur and David French discuss threats to the judiciary external and internal, exploring the Trump administration’s legal maneuvers against law firms and drawing parallels to historical events like the Alien and Sedition Acts. The Agenda: —SCOTUS Update: All B cases —A judge’s gamesmanship on birthright citizenship —Leave Justice Amy Coney Barrett’s sister alone —Paul, Weiss and Trump’s threats to the rule of law —Venezuelans are being deported —Defying TROs —Integralism rears its ugly head Show Notes: —Chief Justice John Roberts early tenure interview in The Atlantic —Sarah’s op-ed 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, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 18 March 2025

Live from the University of Michigan, Sarah Isgur and David French are joined by law professors Josh Chafetz, Aaron Nielson, Jennifer Mascott, and other special guests, to explain Humphrey's Executor and the executive power of removal. The Agenda: —Myers v. United States —Humphrey's Executor v. United States —Peekaboo —The “illimitable power of removal” —Was Madison right about “liquidation”? —Congressional accountability —Civil service reform —Justice Barrett 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: 13 March 2025

Between President Donald Trump’s executive order targeting Perkins Coie and interim D.C. U.S. Attorney Ed Martin sending letters to Georgetown Law, it has been quite the week for weaponized government. Sarah Isgur and David French dive into these two headliners, as well as a First Amendment debate involving green card holders. The Agenda: —More Sarah lore: Combative hula-hooping —Perkins Coie and President Trump's executive orders —FIRE's response to the Trump administration's threat to deport anti-Israel protesters —Eugene Volokh's fact sheet on aliens and speech —Another letter —‘We’re a Jesuit, school go to hell’ —Smith & Wesson v. Estados Unidos Mexicanos —Justice Amy Coney Barrett vs. MAGA —EPA and San Francisco's sewage waste —Richard Glossip avoids death row ... again 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: 11 March 2025

David Stras, appeals judge for the 8th Circuit, joins Sarah Isgur and David French at the University of Chicago Law School to discuss complexities of case selection in the Supreme Court, the quality and clarity of judicial opinions, and disagreements with Justice Clarence Thomas. The Agenda: —Recent SCOTUS cases —Supreme Court denies Trump request —SCOTUS kicks bias response teams —Judge Stras' background from Holocaust survivor grandparents —Decline in Supreme Court cases —Cert pool theory —Professionalization of justices has changed the landscape of the court —Post-Rahimi decision-making Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 6 March 2025

Sarah Isgur invites former Deputy Attorney General Rod Rosenstein and special counsel Robert Hur to discuss the significance of special counsels, including the appointment process involved and the public’s perception of their independence and accountability. The Agenda: —Historical context of special counsels —Evolution of special counsel regulations —The personal impact —Role of predication —Public confidence —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, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 4 March 2025

David French is off doing David French things, so Sarah Isgur takes over the podcast and invites Judge Charles Eskridge of the Southern District of Texas and Judge Brantley Starr of the Northern District of Texas to discuss all things Texas—and the powers of the executive branch. The Agenda: —What’s exciting about Locke? —Here comes the Old Whig —King of England vs. the American president —Appeal to heaven —Second terms are bad news —The shallow state —Departmentalism and lawsuits Show Notes: —Origins Pt. 2 —Origins Pt. 4 —Origins Pt. 7 —Massachusetts Constitution —Previous AO episode with Judges Eskridge and Starr 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: 27 February 2025

Sarah Isgur and David French chased down a handful of authors over the weekend at the National Constitution Center for hallway interviews about life, liberty, and ... witches. The Agenda: —Jeff Rosen teaches us about happiness —Virtue vs. pleasure —Salem witch trials! —Nobody burns, they hang —What does it mean to be a lawyer? —Living beyond the billable hour 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: 25 February 2025

David Lat joins Sarah Isgur and David French to analyze what’s behind the Department of Justice’s motion to dismiss the case agains New York City Mayor Eric Adams. The Agenda: —Friends get benefits in the Trump admin —Attorneys operating under a dual sovereignty —How good of a narc can you be? —Listener questions! —How Rome falls —Retribution —Grading the judiciary Show Notes: —Will Chamberlain's tweet —Denise Cheung resigns —AO's emergency-ish episode on Sassoon 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: 20 February 2025

In an emergency-ish episode, Sarah Isgur and David French go over the timeline of the Thursday Afternoon Massacre and its immediate fallout. What does the past week portend for President Donald Trump’s Department of Justice? The Agenda: —Danielle Sassoon’s letter and future —Worst possible way to do a not-insane thing —The state of the DOJ —Trump’s Napoleon tweet —How much power does Elon Musk actually have? Show Notes: -Nick Catoggio on Danielle Sassoon 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. (edited) Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 17 February 2025

Is President Donald Trump breaking the Justice Department or simply reshaping its priorities? As federal prosecutors resign, Sarah Isgur and David French debate whether we’re looking at another Saturday Night Massacre—and whether that’s how the justice system should work. The Agenda: —What is (and isn’t) lawless? —More on the independence on federal agencies —One magnificent speech away —Justice Brett Kavanaugh on fiduciary discretion —“F— cheerleading” 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: 14 February 2025

Sarah Isgur and David French steal away to sunny Stanford University to talk shop with law students and bask in a friendlier climate. The Agenda: —Casual antisemitism at Cooper Union? —How to handle disagreement at elite schools —Gender identifiers for government employees —Bad injunction takes —Rejecting the president’s understanding of the Constitution —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, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 11 February 2025

Sarah Isgur and David French discuss our two favorite topics: God and guns. Can you sue your church, and do young adults have the right to bear arms? ’Merica! The Agenda: —Corrections! On USAID comments. —It is still illegal to murder FBI agents —SCOTUS chooses to stay out of religious cases —You can't sue for your tithes —Young adults have a right to guns —Bruhimi —Civic vs. individual rights Show Notes: —Tess Bridgeman's article on firings —Hosanna-Tabor case —Jack Goldsmith and Bob Bauer's article on the power of the executive 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 6 February 2025

Sarah Isgur and David French are joined by Erin Hawley, senior counsel to the appellate team at the Alliance Defending Freedom, to discuss the latest, er, kerfuffle that sent federal employees scrambling. Who is in control of executive agencies? The Agenda: —Tariffs, funding freeze, and firings —Congress has the power to collect —Trump’s workaround —Barrett vs. Gorsuchian doctrines —Elon Musk’s power grab —Where does the fire-at-will power end for the president? —The Founders say we’re all untrustworthy Show Notes: —Justice Brett Kavanaugh’s 2013 D.C. Circuit decision —Humphrey’s Excecutor 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 4 February 2025

With Donald Trump’s second term in full swing, Harvard Law Professor Jack Goldsmith joins Sarah Isgur and David French to discuss the unitary executive theory. Also: We need to discuss law reviews. The Agenda: —Unitary executive theory —President Trump’s sledgehammer —Congressional oversight no more? —The Take Care clause —Interstate tariff prohibitions —Student-led law reviews: good or bad? —Expert explains cowrie shells Show Notes: —Trump v. United States —South Dakota v. Wayfair —Professor Eric Rakowski's profile —Tuesday's Advisory Opinions episode 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 30 January 2025

Sarah Isgur and David French discuss a case before the Supreme Court that challenges the Moment of Threat Doctrine. They predict concurrences all the way down. The Agenda: —Are police reasonable in high-stress situations? —The youngins’ are advocating —Dicta and slut puppies —OPM, Oh No —Justice Jackson’s fashion choices 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 28 January 2025

Sarah Isgur and David French discuss the encroaching powers of the executive branch and what it means for the balance of government. The Agenda: —Teaching sex in elementary school —It really is those darn phones! —WTF David —Trump takes office —DOGE violating FACA —Trump's executive orders —Vivek’s out of DOGE —Biden pardons criminals, some really not good ones —What is the American dream? Show Notes: —United States v. Wong Kim Ark 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 23 January 2025

David French makes his long-awaited return to Catholic University of America after thatincident for a live Advisory Opinions taping with Sarah Isgur and two special guests: Joel Alicea, director of the Center for the Constitution and the Catholic Intellectual Tradition, and Trevor McFadden, a district court judge for the U.S. District Court for D.C. The Agenda: —A Jewish joke then a Catholic joke ... —Constitutional law is now mandatory? —Breaking down the originalist court —Learning corpus linguistics —Law school incentives and Top 14 schools —Satan v. United States? David? —Can anyone explain transactional law? —Q&A Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcribed - Published: 21 January 2025