Advisory Opinions

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

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

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