Advisory Opinions

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 Cour...

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 Bit...

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” pronou...

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...

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 C...

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...

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...

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—J...

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 lig...

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 s...

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...

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...

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—...

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 laws...

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 St...

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?—Gran...

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 t...

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—D...

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 br...

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 birthrigh...

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 digit...

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 origi...

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...

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...

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 oth...