Advisory Opinions

Sarah Isgur and David French revisit Stephen Colbert’s favorite case, take a look at a rare biting word about Justice Brett Kavanaugh from Justice Sonia Sotomayor, and dive into a circuit court extravaganza. –Sarah is on a book tour! –Sotomayor vs. Kavanaugh–Citizens United is not controversial–Is there a judicial pipeline?–The seals are ugly–Circuit Court Extravaganza: Bathtub gin, pronouns, and...

Sarah Isgur and David French discuss President Donald Trump’s rhetoric over Iran, what constitutes a war crime, and what happens if a military officer fails to obey an order or regulation. The Agenda:–John Mulaney gives SCOTUSblog a shoutout–Threatening war crimes–Will President Donald Trump ever see the Hague–Judge Scalia rolling over in his grave–Article 92 and disobeying orders–David answers qu...

Pam Bondi is no longer attorney general, Steve Bannon’s case is sent back to lower courts, and the Chiles decision on conversion therapy becomes nonpartisan. The Agenda:—Pam Bondi’s disastrous tenure—Three Year Letterman shoutout—SCOTUS kicks Steve Bannon’s case—Chiles v. Salazar—Law of War on President Donald Trump’s Easter tweet—No more exclamation points in judicial opinions!!! Order Sarah’s bo...

Sarah Isgur is joined by David French, Amanda Tyler, Akhil Amar, and SCOTUSblog’s Amy Howe to react to the oral arguments in Trump v. Barbara, Donald Trump’s challenge to birthright citizenship. Watch the livestream here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Former New Jersey Gov. Chris Christie joins Sarah Isgur and David French to discuss his explicit argument with the former FBI Director Robert Mueller, remember a Christmas carol session with former Attorney General John Ashcroft, and weigh in on whether or not you should go to law school. The Agenda:–Birthright Citizenship: Preview–Welcome back, Gov. Christie!–Contempt of Court, Rule 11 Sanctions,...

Sarah Isgur and David French discuss two Supreme Court oral arguments: one on Mississippi accepting ballots five days after Election Day, one on turning away asylum seekers before they reach the border. The Agenda:–Watson v. Republican National Committee (election law)–The incentives won’t change when people vote–Sarah’s least favorite oral argument–Zorn v. Linton Order Sarah’s book here. Advisory...

Judge Rebecca Taibleson of the 7th Circuit Court of Appeals joins Sarah Isgur and David French for a conversation about her path to the federal bench. But first, the Supreme Court's unanimous Olivier v. City of Brandon decision on free speech zones, the viral Afroman jury verdict, and the Pentagon Press policy ruling. The Agenda:–Olivier v. City of Brandon, Mississippi–Afroman and the Streisand Ef...

Live at the University of Pennsylvania's Carey Law School, Sarah and David are joined by Third Circuit Judge Stephanos Bibas to break down the Supreme Court's temporary protected status cases. They also debate whether a federal "defender general" would level the playing field and play a round of Marvel "What if?" with landmark Supreme Court moments. Order Sarah’s book here. The Agenda:–We await Go...

Sarah Isgur and David French dive into two Ninth Circuit opinions: one involving an anti-discrimination law in Washington, another related to a first-grade girl being punished for giving her classmate a drawing inspired by what her teacher read in class. The Agenda:–Is the Fifth Circuit still the most conservative court?–Judge VanDyke’s swinging opinion–What is this case even about?–Adrian Vermeul...

David French and Sarah Isgur break down new polling showing historic lows in trust for the Supreme Court, debate whether a public disagreement between Justices Brett Kavanaugh and Ketanji Brown Jackson helps or hurts the institution, and dive into oral arguments on property seizures and witness testimony rights. Show Notes–Hometown Program last call–Supreme Court polling and public trust–Justices...

Welcome to the SCOTUSblog/Advisory Opinions Extended Universe, featuring hosts from "Amarica's Constitution" (Akhil Amar and Andy Lipka) and "Divided Argument" (Will Baude and Dan Epps). On today's episode, the group discusses substantive due process in the context of Mirabelli v. Bonta, a California law that prevented teachers from sharing information with parents about their children's gender tr...

Sarah Isgur and David French break down United States v. Hemani, a Second Amendment case involving an alleged user of a controlled substance in possession of a gun. They then discuss two interim docket decisions, one on elections and congressional districts, and one on parental rights and substantive due process. The Agenda:–Guns and drug use–Downtown Bonkers Town–Interim Docket: California Parent...

Sarah Isgur and David French debate whether President Donald Trump's military action against Iran requires congressional authorization, explore the constitutional limits of presidential power, and argue over which version of James Madison deserves our respect. The Agenda:–Housekeeping: corrections, good causes, and collaborations–Legalities of interventions in Iran–Abrielle skips school to talk ab...

Sarah Isgur and David French dive deep into the world of immunities, examining recent Supreme Court decisions and their implications. They discuss State of the Union attendance patterns, analyze a postal service immunity case that split along unexpected ideological lines, and explore the contrasting jurisprudential approaches of Justices Gorsuch and Kavanaugh across different administrations. The...

Sarah Isgur and David French record live at Florida State University and further examine the Supreme Court’s major tariff decision, examining Justice Kagan’s consistency argument, debating the Major Questions Doctrine with Justice Gorsuch’s concurrence, and analyzing Justice Kavanaugh’s dissent on executive power in foreign affairs. The Agenda–Analyzing Kagan’s argument–Deep dive into statutory in...

In this emergency episode, Sarah Isgur and David French break down the Supreme Court’s historic 6-3 decision striking down President Donald Trump’s tariff authority under IEEPA. The Agenda:– The 6-3 decision–Chief Justice Roberts’ straightforward opinion–Major questions doctrine explained–The Festivus Concurrence begins–The refund mess–Why this is the most important case Show Notes:–Quick Thoughts...

Sarah Isgur and David French are in Dallas, Texas, at Southern Methodist University’s Dedman School of Law to discuss Justice Samuel Alito’s potential next moves, the alternative to federalism, and attorney-client privilege in AI. The Agenda:–Justice Alito’s book release has raised eyebrows–Judge Amul Thapar, fitness influencer–A question from the best history teacher ever–Can the courts subpoena...

Sarah Isgur and David French discuss another set of Trump administration indictments rejected by a grand jury, the memo from Chief Judge Jeffrey Sutton of the 6th U.S. Circuit Court of Appeals dismissing the complaint against U.S. District Judge James Boasberg, and finally, Grifter Sarah comes out to play in the Texas Senate race. The Agenda:–The DOJ’s dropping success rate with cases–David goes m...

Hot takes from James Comey, the 5th Circuit weighs in on habeas corpus petitions, and does being a lawyer suck? Sarah Isgur and David French weigh in. Note: SCOTUSblog is hiring. Find more details and apply at this link, or send a cover letter and resume to scotusblog@thedispatch.com. The Agenda:–Introducing the Interim Relief Docket Stat Pack–Where are all the U.S. attorneys?–Supreme Court allows...

Sarah Isgur and David French investigate the case of Don Lemon and the church disruptors. Plus: Trump sues Trump and two circuit court split decisions. The Agenda:–Chess, the musical—What are these clerks going on about?—Trump v. IRS—The issue of selective admissions policies—Compelled speech and pronouns in school–Taking bets on the tariffs decision Note: SCOTUSblog is hiring. Find more details a...

Sarah Isgur and David French are hosted by the Rockefeller Center for Public Policy and Social Sciences at Dartmouth to discuss the United States at 250 and where the Supreme Court stands today. Pre-order Sarah’s book: Last Branch Standing: A Potentially Surprising, Occasionally Witty Journey Inside Today's Supreme CourtThe Agenda:—The Swing Justice era of the court is the exception—Thank you Just...

Sarah Isgur and David French explore the intricate legal landscape surrounding the TikTok deal and its compliance with the ban or sale law. Then, they delve into the Federal Tort Claims Act, and review a few circuit court cases. The Agenda:–TikTok sale is complete–First Amendment and content moderation–Federal Tort Claims Act overview–Meth and the Second Amendment–Where can I bring my gun in Maryl...

Sarah Isgur and David French discuss the differences between the fatal shootings of Renée Good and Alex Pretti in Minneapolis and invite Orin Kerr, professor of law at Stanford Law School, to talk about judicial and administrative warrants. The Agenda:–Comparing the two ICE shootings–Supremacy Clause and federal cases–Fourth Amendment rights–Racial gerrymandering in Texas–Answering our favorite li...

Sarah Isgur and David French break down Paul Clement’s “thousand duck-sized horses” argument before the Supreme Court in the Trump administration’s case over the firing of Lisa Cook, and what it means for for-cause removal at the Federal Reserve. The Agenda:–Paul Clement the GOAT–Prediction: Lisa Cook will stay–The conservatism of the Supreme Court and MAGA’s legal movement–Going “full Taft”–Tropi...

Sarah Isgur and David French explain the latest developments in Lisa Cook's case challenging her firing from the Federal Reserve’s Board of Governors and a challenge to Hawaii's "vampire rules" regarding concealed carry. The Agenda:—Lisa Cook Federal Reserve case—Hawaii's "vampire rules"—Geofence warrants and Fourth Amendment—True Threats Doctrine—Commerce Clause and federal power—Satanic Temple a...