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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.

news politics

All Episodes

69:57

The Illusion of Campaign Finance Reform

Advisory Opinions ·

2025/12/11

Sarah Isgur and David French kick things off by revisiting the Slaughter case and responding to an insightful access-to-justice question from a listener. Then they break down the Supreme Court’s latest GVR on school vaccine mandates before diving into two fresh oral arguments: Olivier v. City of Brandon and NRSC v. FEC.Plus, a brief return of grifter Sarah. The Agenda:—A correction to our livestream—The Supreme Court argument that could have been an email—Religious exemptions and vaccine

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72:14

Slaughter at SCOTUS: Reaganite Ends by Roosevelt Means

Advisory Opinions ·

2025/12/08

Following the Supreme Court arguments in Slaughter v. United States, Sarah Isgur and David French join legal scholar Adam White to break down a session that became a referendum on whether Congress can insulate modern independent agencies from presidential control.SCOTUSblog’s Amy Howe also joins from the steps of the Supreme Court to relay her observations from inside the courtroom.Watch the livestream here. Advisory Opinions is a production of The Dispatch, a digital media company covering

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74:20

All About Slaughter

Advisory Opinions ·

2025/12/04

Sarah Isgur and David French answer the masses’ demands in this pre-argument, foundational episode, diving into new levels of legal nerdery as they preview the oral arguments in the obscure administrative and constitutional law battle better known as Trump v. Slaughter.The Agenda:—Creating the modern administrative state—Striking the class of bureaucrats—‘But this wolf comes as a wolf’—Taft takes care of his bros—Military justice and Defense Secretary Pete Hegseth’s actions Show Notes:—Adam

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72:36

‘Kill Everybody’

Advisory Opinions ·

2025/12/02

Sarah Isgur and David French break down Defense Secretary Pete Hegseth’s military orders on the suspected drug-trafficking boats in the Caribbean.The Agenda:—Breaking down Hegseth’s orders—Catch our live AO episode next Monday!—Bloomberg law’s documentary—A.J.T. v. Osseo Area Schools, Independent School District—Frivolous lawsuits—Sidelining Alina Habba—President Trump’s last criminal case dismissed—Catch up on our last podcast Show Notes:—Jonathan Adler: Is the 4th Circuit the new 9th

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66:21

The Future of the Administrative State | Interview:...

Advisory Opinions ·

2025/11/27

Sarah Isgur invites Adam White, co-director of the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State, to identify the major administrative law issues on the horizon in the next five to 10 years.The Agenda:—The Roberts Court and the Trump Term—The legislative veto—Immigration and Naturalization Service v. Chadha—Decline of congressional power—Supreme Court reform and the future of judicial powers Show Notes:—Adam's currently nameless newsletter at

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73:58

Case Against Comey Dismissed

Advisory Opinions ·

2025/11/25

Sarah Isgur and David French provide an update on the Texas redistricting case and criminal charges against former FBI Director James Comey and New York Attorney General Letitia James, before moving on to recent grant, vacate, remand (GVR) orders.The Agenda:—Grand jury indictment update—Texas redistricting—GVRs, confrontation clause, and party presentment—SCOTUS doesn't move to end birthright citizenship—Metering at the border—Ruth Bader Ginsbird —Join our livestream analyzing Trump v. Slaughter

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79:57

The Dissent Heard Around the World

Advisory Opinions ·

2025/11/20

Sarah Isgur and David French react to Judge Jerry Smith's unconventional dissent in the legal challenge against the Texas GOP redistricting effort.Also: James Comey may catch a break after U.S. Attorney Lindsey Halligan's presentation before the grand jury exposed amateurish errors. The Agenda:—Sudafed as an enemy—Judge Jerry Smith's dissent—Redistricting challenges in Texas—Comey's case and grand jury proceedings Advisory Opinions is a production of ⁠The Dispatch⁠, a digital media company

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76:17

Did Congress Stretch the Commerce Clause Too Far? |...

Advisory Opinions ·

2025/11/18

What does a federal firearm prohibition and a hate crime have to do with the Commerce Clause? Sarah Isgur and David French look at the constitutionality of two cases and whether the Supreme Court will accept a challenge to the law.Plus: Jonathan Karl, author of Retribution: Donald Trump and the Campaign That Changed America, joins the pod to discuss Donald Trump’s legal challenges during the 2024 campaign. The Agenda:—Ken Burns’ latest documentary—United States v. Lopez—U.S. appeals court upholds

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67:52

Everyone Needs to Stay in Their Lane

Advisory Opinions ·

2025/11/13

Sarah Isgur and David French do a deep dive into the nondelegation clause and the role of Congress in delegating authority.The Agenda:—CLE credit now available in Texas for our tariffs livestream—Dave Portnoy and disturbing the peace charges—Nondelegation doctrine primer—The Case of Mr. Pheasant—What is structural constitutionalism?—Justice Gorsuch's legacy—Court to consider prison inmate’s religious liberty claims—Legal scenarios around service member participation in strikes outside

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73:17

The Federalist Society Takes a Stand

Advisory Opinions ·

2025/11/11

Sarah Isgur and David French recap the Federalist Society's antisemitism panel at last week's National Lawyers Conference before interviewing Judge Jennifer Elrod about the judicial funding crisis. The Agenda:—Court denies review on Obergefell—Contrasts between Tucker Carlson and the Federalist Society—Supreme Court sides with Trump administration on sex designations on passports—The president issued pardons for Rudy Giuliani, John Eastman, et al.—Ohio school pronoun policy likely violates First

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69:47

Supreme Court Hears Oral Argument in Trump’s Tariff Case

Advisory Opinions ·

2025/11/05

Following the Supreme Court oral arguments in President Donald Trump’s tariff case, Learning Resources Inc. v. Trump, Sarah Isgur is joined by David French, David Lat, and Latham & Watkins LLP partner Roman Martinez to explain where the legal battle will go from here.SCOTUSblog’s Amy Howe also joins from the steps of the Supreme Court to relay her observations from inside the courtroom. Watch the livestream here. Advisory Opinions is a production of The Dispatch, a digital media company

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68:32

Trump’s Tariff Showdown

Advisory Opinions ·

2025/11/04

Sarah Isgur and David French preview the biggest Supreme Court case of the term, Learning Resources, Inc. v. Trump, which challenges President Donald Trump’s power to impose sweeping tariffs on virtually all goods imported into the United States.For additional analysis, join the SCOTUSbloglive blog on November 5 at 10:00 a.m. ET. The Agenda:—How to get CLE credit by listening to Advisory Opinions—Laying the groundwork for Trump's tariffs case—Divided liberal justices—National Guard deployment to

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60:28

All About Substantive Due Process

Advisory Opinions ·

2025/10/30

Sarah Isgur and David French walk listeners through the entire history of the Constitution, the Supreme Court, some of the biggest cases ... all prompted by one listener question. Plus: Grifter Sarah makes a reappearance.The Agenda:—Understanding substantive due process—Supreme Court to consider whether to hear challenge to same-sex marriage on November 7—Dred Scott v. Sandford being the worst decision ever—Scaring our libertarian friends with Slaughter-House cases—The dissent everyone knows was

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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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