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PODCAST

Advisory Opinions

Advisory Opinions is a legal podcast by The Dispatch. Hosts David French and Sarah Isgur meet twice a week to talk about the law, the courts, their collision with politics, and why it all matters.

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All Episodes

59:42

Firing Squad vs. Suffocation

Advisory Opinions ·

2025/10/28

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

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67:43

Bad Man Smokes Weed Doctrine

Advisory Opinions ·

2025/10/23

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

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53:56

Euphemisms, Political Speech, and the First Amendment

Advisory Opinions ·

2025/10/21

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

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59:41

Vindictive Prosecutions

Advisory Opinions ·

2025/10/16

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

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46:17

The Future of Free Speech

Advisory Opinions ·

2025/10/14

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

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66:19

Conversion Therapy and Free Speech

Advisory Opinions ·

2025/10/09

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

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69:26

SCOTUS Long Conference and 'Insecure Originalists'

Advisory Opinions ·

2025/10/07

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

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55:03

The Supreme Court’s Upcoming Term

Advisory Opinions ·

2025/10/02

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

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46:17

Selective Prosecutions

Advisory Opinions ·

2025/09/30

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

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69:58

Dorm Room Originalism

Advisory Opinions ·

2025/09/25

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

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57:18

The Fall of Affirmative Action | Interview: Justin...

Advisory Opinions ·

2025/09/23

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

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70:06

The Oldest Constitutional Question | Interview:...

Advisory Opinions ·

2025/09/18

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

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59:23

Superhighways of Foreign Influence

Advisory Opinions ·

2025/09/16

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

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65:31

Congress Won’t Contradict Trump

Advisory Opinions ·

2025/09/11

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

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64:47

Listening to a Justice | Interview: Justice Amy Coney...

Advisory Opinions ·

2025/09/09

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

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76:26

Free Speech and ‘The Executive Power’ | FIRE Crossover

Advisory Opinions ·

2025/09/04

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

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60:13

Political Retribution? | Interview: Saikrishna Prakash

Advisory Opinions ·

2025/08/26

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

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54:31

Are Age Verification Laws Constitutional?

Advisory Opinions ·

2025/08/21

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

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63:14

Federalizing D.C. | Live From the Alaska Federal Bar...

Advisory Opinions ·

2025/08/19

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

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59:24

Hookers and Kushners | Interview: Chris Christie

Advisory Opinions ·

2025/08/14

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

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144 results

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