Advisory Opinions

Sarah Isgur and David French discuss a case before the Supreme Court that challenges the Moment of Threat Doctrine. They predict concurrences all the way down. The Agenda: —Are police reasonable in high-stress situations? —The youngins’ are advocating —Dicta and slut puppies —OPM, Oh No —Justice Jackson’s fashion choices Advisory Opinions is a production of The Dispatch, a digital media company co...

Sarah Isgur and David French discuss the encroaching powers of the executive branch and what it means for the balance of government. The Agenda: —Teaching sex in elementary school —It really is those darn phones! —WTF David —Trump takes office —DOGE violating FACA —Trump's executive orders —Vivek’s out of DOGE —Biden pardons criminals, some really not good ones —What is the American dream? Show No...

David French makes his long-awaited return to Catholic University of America after thatincident for a live Advisory Opinions taping with Sarah Isgur and two special guests: Joel Alicea, director of the Center for the Constitution and the Catholic Intellectual Tradition, and Trevor McFadden, a district court judge for the U.S. District Court for D.C. The Agenda: —A Jewish joke then a Catholic joke...

David French and Sarah Isgur come at you on this Friday evening to enumerate the absurdities of the TikTok ban-or-sale discourse following the Supreme Court’s decision to uphold the law, a plangent (and perhaps futile) homage to Congress actually doing its job. Plus: Biden “ratifies” the Equal Rights Amendment and Sarah loses it. Advisory Opinions is a production of The Dispatch, a digital media...

Is limiting access to porn a free speech violation? Sarah Isgur and David French discuss that question following oral arguments in Free Speech Coalition, Inc. v. Paxton. The Agenda: —Best argument of the term —Does context protect a lie? —Burden of proof in age verification laws —Project Veritas and press freedom —Breaking down the Laken Riley Act Advisory Opinions is a production of The Dispatch,...

Sarah Isgur and David French record live at George Washington University covering the Alito-Trump phone call and new challenges to explicit content age-verification laws. The Agenda: —Justice Alito's phone call with Trump —False statements case —Challenges to Texas' age-verification law —Constitutionality of ID laws —Title IX and Chevron —Questions from GWU students Advisory Opinions is a producti...

In a special emergency recording, Sarah Isgur and David French react to today’s oral argument in TikTok v. Garland. The Agenda: —Tiers of scrutiny —What is TikTok? —Content creators’ First Amendment rights —The data sharing argument —Can SCOTUS punt to Trump? —Cases of the new Cold War Show Notes: —How TikTok Reads Your Mind Advisory Opinions is a production of The Dispatch, a digital media compan...

Today’s podcast is all about the antis: anti-SLAPP, anti-masking, anti-indoctrination, anti-retaliation, and anti-corruption. But before all that, Sarah Isgur and David French kick things off with the latest news on President Donald Trump’s sentencing in his New York criminal trial. The Agenda: —Does Donald Trump have citizen-plus status? —David is somewhat of a SLAPP expert —Does Arkansas care fo...

Sarah Isgur and David French discuss the anticipated TikTok oral argument taking place this Friday. Are we in content-neutral law land or are we veering off into strict-scrutiny world? And yes, there will be an emergency episode following the argument. The Agenda: —TikTok's pro-China algorithm —Mitch says no to TikTok —Donald Trump, FARA, and the First Amendment —Justice Roberts' Year-End Report —...

Have you done your assigned reading? Because Sarah Isgur and David French are joined by Judges Charles Eskridge and Brantley Starr to take us to law school. Specifically, a class on the origins of the federal constitution. The Agenda: —Why it matters —The Founders’ Constitution —The Magna Carta and English Bill of Rights —The origins of “rights” —Positive vs. negative rights —The legacy of “witch...

The Agenda: —Christmas is canceled for the legal teams working on the TikTok case —Why in the world did Yashar Ali get the Federalist Society leak? —Justice Jackson and 'Juliet' drama —ERA DOA —It's an ethics violation to question the ethics of a Supreme Court Justice Show Notes (assigned reading for next episode): —Origins Part 1 —Origins Part 2 —Origins Part 7 Advisory Opinions is a production o...

Everything’s bigger in Texas, including court disagreements. Sarah Isgur and David French discuss Fifth Circuit drama with an eye toward a Ken Paxton lawsuit. The Agenda: —Taxes, the First Amendment, and Catholics —SCOTUS takes a gamble with seating —Ken Paxton's abortion lawsuit —Diversity quotas and the SEC —En banc-ers —Donny gets $15 million —Senior status … sike! —Bring back booze anniversary...

This jam-packed episode features Sarah Isgur and David French dissecting the latest Supreme Court opinions, judicial retirement rumors, and the evolving era of marijuana banking. Plus: Did we push David to his limits? The Agenda: —Retirement rumors —Revoking visas and sham marriages —Parental rights in schools —The spirit of Aloha stands —Dismissing Nvidia —Marijuana banking —Corrections! Two of t...

Sarah and David are joined by Tennessee Attorney General Jonathan Skrmetti to break down United States v. Skrmetti and what it might mean for the future of gender-transition treatment for minors. The Agenda: —How Skrmetti became an AG —United States v. Skrmetti —The Cass Review —The Gorsuch silence —The Equal Protection Clause’s scope —TikTok ban —The flagship debate Show Notes: —Vanderbilt profes...

Sarah and David break down the recent case before the Supreme Court regarding flavored vapes before finally getting to that “invasion”question and what it means for birthright citizenship. The Agenda: —“Government gangsters” —Pardon of Hunter Biden —Hunter is “rewriting history” —Narcing on your youth pastor —FDA vs. flavored vapes —Invasion at the southern border? —Birthright citizenship Show Not...

Sarah Isgur and David French discuss President Joe Biden’s decision to pardon his son Hunter, dive into President-elect Donald Trump’s plan to appoint Kash Patel to lead the FBI, and explore whether there’s a meaningful difference between anti-Zionism and antisemitism. The Agenda: —Friend of the ’cast —Biden pardons Hunter —Amend the Constitution! —Joe Biden ain’t nice —What to do about Chris Wray...

Can Elon Musk colonize Mars? Or, even more challenging, can he take down the administrative state? Sarah and David take a look at his roadmap for the Department of Government Efficiency (DOGE) and debate the likelihood of regulatory reform. The Agenda: —Legal questions for the Trump 2.0 administration —Will DOGE work? —Unitary executive magic wands —Honoring James Garfield’s memory —Challenging bi...

Sarah and David respond to off-the-wall comments and the controversy surrounding Matt Gaetz’s appointment, insights from the Federalist Society convention, and the dynamics of Supreme Court nominations. The Agenda: —Can we all chill? —Likely Trump picks for SCOTUS vacancies —Reverse engineering use of force —There are only two genders? —Sorry, no 10 Commandments in schools —CEQ lacks statutory au...

In a special emergency Advisory Opinions/Dispatch Podcast crossover, Sarah, David, and Steve react to Donald Trump’s Cabinet picks so far, break down the constitutionality of recess appointments, and Sarah offers a ... controversial take on the Matt Gaetz pick. The Agenda: —Tale of two Januaries —The Gaetz report —Recess appointments —Justice Scalia on recess appointments —Sarah’s defense of Gaetz...

Sarah sat down with Judge James C. Ho at The Dispatch Summit on November 12 for an in-depth conversation about key legal issues, including the legitimacy of the courts, judicial ethics, and the principles of birthright citizenship. The Agenda: —Cancel culture —Originalism —Elephants in Mouseholes —Court legitimacy —Judicial filibusters —Ethics of gifts —Birthright citizenship —First Amendment —Goo...

Sarah and David kick off the podcast with a discussion on the Vacancies Reform Act and its role in the next administration before turning to gender politics and a case related to a broken engagement. The Agenda: —Tennessee transgender rights case set for December —Rules of engagement —Defaming Project Veritas —First Amendment case on gender pronouns Advisory Opinions is a production of The Dispatc...

Following this week’s election, Sarah and David explain what will happen next with the criminal cases against Donald Trump and review potential Supreme Court shortlisters. The Agenda: —Criminal cases against Trump —Civil cases against Trump —Supreme Court nominations —Who will retire? —“Now let him enforce it” —How will the left respond? Advisory Opinions is a production of The Dispatch, a digital...

Sarah and David kick off the podcast with (boring?) questions the Supreme Court will seek to answer this term before turning to two very American cases about education, religious schools, and guns. The Agenda: —Last week's AO episode —David Lat, we do this podcast with joy —Questions before SCOTUS —Loffman v. California Department of Education —Hanson v. District of Columbia Advisory Opinions is a...

Today’s all about election law. That’s it. Get ready. Pennsylvania, Virginia, Nevada, Michigan, and Mississippi. The Agenda: —We can’t fix stupid, but we can give it a court date —Submit your best lawyer jokes —Subpoena-colada! —Apostrophe-gate —Did the Pennsylvania Supreme Court get it wrong? —Virginia purging voter rolls —RFK Jr. on Michigan ballot —Nevada Supreme Court and postmarks —History of...

Sarah and David discuss the battle over the federal courts and how the upcoming presidential election might affect the circuits’ makeup. The Agenda: —Two visions of the federal courts —The growing conservative legal movement — A SCOTUS justice's Oxford thesis from 1983 —Mapp v. Ohio —Utah v. Strieff —Are petitions to recall public officials unconstitutional? Show Notes: —George W. Bush's first ina...