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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.
Episodes
Advisory OpinionsThe Great and Powerful President
With Donald Trump’s second term in full swing, Harvard Law Professor Jack Goldsmith joins Sarah Isgur and David French to discuss the unitary executive theory…
Advisory OpinionsOfficer-Created Danger
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…
Advisory OpinionsTrump's Executive Orders
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…
Advisory OpinionsLaw Schools vs. Conservative Scholars
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…
Advisory OpinionsTikTok Decision Emergency Pod
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…
Advisory OpinionsOn Porn and Paxton
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…
Advisory OpinionsTrump Sentencing at the Supreme Court: Live at GWU
Sarah Isgur and David French record live at George Washington University covering the Alito-Trump phone call and new challenges to explicit content…
Advisory OpinionsWhat's Next for TikTok?
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…
Advisory OpinionsThe Anti-Episode
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…
Advisory OpinionsAre PysOps Free Speech?
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…
Advisory OpinionsOrigins of the Federal Constitution
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…
Advisory OpinionsTick Tock, TikTok,
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…
Advisory OpinionsSouthern Squabbles
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…
Advisory OpinionsShooting Down the Spirit of Aloha
This jam-packed episode features Sarah Isgur and David French dissecting the latest Supreme Court opinions, judicial retirement rumors, and the evolving era of…
Advisory OpinionsCan Tennessee Ban Transgender Care for Minors?
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…
Advisory OpinionsWhat's an Invasion?
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…
Advisory OpinionsPardoning Hunter
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…
Advisory OpinionsDOGE v. The Administrative State
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…
Advisory OpinionsIn Dicta We Trust
Sarah and David respond to off-the-wall comments and the controversy surrounding Matt Gaetz’s appointment, insights from the Federalist Society convention, and…
Advisory OpinionsThe Trump Picks ... So Far | Roundtable
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…
Advisory OpinionsLive From The Dispatch Summit: Judge James Ho
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…
Advisory OpinionsGive Me Back That Ring, Cupcake
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…
Advisory OpinionsThe Law Under Trump
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…
Advisory OpinionsGod and Guns, Once Again
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…
Advisory OpinionsThe Purge
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…
Advisory OpinionsPacking the Federal Courts
Sarah and David discuss the battle over the federal courts and how the upcoming presidential election might affect the circuits’ makeup. The Agenda: —Two…
Advisory OpinionsIs Elon Musk's Million Dollar Raffle Legal?
Sarah and David discuss the latest voting trends and break down recent cases related to election law. They overview the legal nuances and explore the…
Advisory OpinionsWill This Be a Legal Disaster?
Sarah and David preview how the 2024 election might play out in the courts. But first, the two revisit their conversation with Leon Neyfakh. The Agenda…
Advisory OpinionsBush v. Gore, Explained
Sarah and David are joined by Leon Neyfakh—host of Fiasco podcast and co-creator of Slow Burn—to explain what really happened in December of 2000 when the…
Advisory OpinionsGun Salad Kits (Live at Columbia University)
Sarah and David break down two cases from the Supreme Court's recent oral arguments and take questions from Columbia Law students. The Agenda: —Can the ATF…
Advisory OpinionsIsrael's Legal Responsibilities in War (Live at Duke University)
Judge Roy Altman joins Sarah and David at Duke University School of Law. Note: The opinions expressed on this podcast do not represent Duke (who would have…
Advisory OpinionsSupreme Court Showdowns and October Surprises
Live from UNC (we can say that, right? We’re allowed here?), Sarah and David discuss the latest round of Supreme Court cert grants and the case they’re most…
Advisory OpinionsThe Supreme Court Is Legitimate, Actually
Kannon Shanmugam, head of Paul-Weiss' Supreme Court practice and friend of the pod, gave a speech recently pushing back against critics who question the…
Advisory OpinionsIndicting Eric Adams
Sarah and David highlight four cases from the Supreme Court's 2023-2024 October term and a 5th Circuit case uncovering librarians’ motivations. The Agenda…
Advisory OpinionsMissouri Executes Marcellus Williams
Sarah and David look over the case of Marcellus Williams, whom the state of Missouri executed on Tuesday after he was sentenced to death for the 1998 murder of…
Advisory OpinionsThe Legality of Israel’s Beeper Attack
Notre Dame law professor Sherif Girgis joins Sarah and David to discuss his latest law review article, “Originalism’s Age of Ironies.” But first, the two…
Advisory OpinionsPrinceton Couldn’t Handle Us
Sarah and David sparked controversy with their recent speaking event near Princeton University’s campus. The two decide to quell culture war squabbles by…
Advisory OpinionsDid a Justice Leak to the New York Times?
Sarah and David go to Princeton, where they grapple with the attempt of elite universities to remain politically neutral. (Hahaha.) And is there another…
Advisory OpinionsRevisiting 3-3-3
Adam Feldman of Empirical SCOTUSand Optimized Legal Consulting joins Sarah and David to discuss the concept of a 3-3-3 Supreme Court and the challenges of…
Advisory OpinionsProsecuting the Parent of a School Shooter
Sarah and David discuss the recent school shooting in Georgia, which is raising questions about parental responsibility and the limits of legal liability. The…
Advisory OpinionsFree Speech vs. the Algorithm
Sarah details life under a wicked curse and David defends his position in The Dispatch's fantasy football league. Oh, and today's legal theme for the podcast…
Advisory OpinionsUnity Is Dead, Long Live the Union
Sarah and David break down the latest update in Jack Smith’s January 6 case against Donald Trump before speaking with Yuval Levin about his book, American…
Advisory OpinionsA Christian Case for Criminal Justice Reform
Sarah and David catch up on the latest case in Second Amendment jurisprudence before talking with Matt Martens about his new book, Reforming Criminal Justice…
Advisory OpinionsFixing the Supreme Court
David Lat joins Sarah and David to break down recent Supreme Court trends and discuss Lat’s legal fiction novel, Supreme Ambitions. The Agenda: —Is the shadow…
Advisory OpinionsWould You Like a Musket to Go With Your Latte?
Writing with quill pens, quartering Secret Service agents, and shooting 18th-century guns. A.J. Jacobs joins Sarah and David to discuss his book, It's All…
Advisory OpinionsBob Bauer Still Thinks Robert Hur Was Wrong
Former White House counsel Bob Bauer joins Sarah Isgur and David French to talk about his new book, The Unraveling: Reflections on Politics Without Ethics and…
Advisory OpinionsHow to Disagree
In this three-guest special episode (wait, does David count as one? Are we still doing that?), Noah Phillips, former Federal Trade Commission commissioner and…
Advisory OpinionsThoughts and Feelings on Maryland’s Assault Rifle Ban
Our August-themed legal book discussion is postponed for one episode, but don’t fret: There’s more than enough legal news to fill a show, thanks to gun rights…
Advisory OpinionsShould Academic Freedom Be a Constitutional Right?
Sarah and David kick off the Advisory Opinions August book series and invite Professor Keith Whittington on the pod to discuss his new book You Can't Teach…
Advisory OpinionsIf You Really Want Judicial Ethics Reform…
Justice Kagan makes remarks to the 9th Circuit and President Biden proposes SCOTUS reforms. The usual slow-moving summer legal news drag is disrupted by a…
Advisory OpinionsProgressivism and Eugenics in the Court of Justice Holmes
Sarah and David welcome special guest Anthony Sanders, director of the Center for Judicial Engagement at the Institute for Justice, to eviscerate Justice…
Advisory OpinionsCan Kamala Take the Money … Legally?
Sarah and David are joined by Notre Dame law professor Derek Muller, who teaches “Presidential Nominations in a Time of Uncertainty,” to discuss the legality…
Advisory OpinionsLobotomizing the DOJ
Sarah and David answer listener emails, covering everything from judicial federalism, to the Supreme Court’s upcoming tech term, to potential SCOTUS reforms…
Advisory OpinionsINDICTMENT WATCH: Judge Cannon's Bonkers-Adjacent Decision to Dismiss Trump's Case
Judge Aileen Cannon dismissed on Monday the charges brought by special counsel Jack Smith against former President Donald Trump for mishandling classified…
Advisory OpinionsThe Assassination Attempt
Sarah, Steve, Jonah, and David French discuss the assassination attempt against former President Donald Trump during a Pennsylvania rally over the weekend…
Advisory Opinions‘Who Has the Pen?’
Could Joe Biden sue a faithless delegate? Would Brown v. Board exist if a supermajority had opposed integration? Is the next generation of lawyers doomed? In a…
Advisory OpinionsIs ‘Text, History, and Tradition’ Alive and Well?
Kannon Shanmugam and his summer associates return to Advisory Opinions to look back on the SCOTUS term and discuss the state of “text, history, and tradition.”…
Advisory OpinionsWinning Without Winning
On today’s super-mega-extravagant episode, Sarah and David celebrate America’s birthday by gifting everyone a magnificently long podcast. First on the docket…
Advisory OpinionsTrump Is ‘Absolutely Immune’ ... Kind Of
Sarah and David break down the Supreme Court decision in Trump v. United States. The Agenda: —Unanimous decision on Moody v. NetChoice —SCOTUS stat pack —Three…
Advisory OpinionsChevron Is Dead, Long Live Chevron
We're not talking about Trump and Biden, but we are discussing something that could make double-hater voters less worried about the future of presidents and…