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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 OpinionsDisney Sues DeSantis
The feud between the governor and the mouse has more nuance and legal curiosities than it might seem at first glance, and David and Sarah are here for it. But…
Advisory OpinionsKilling Zombies at the Justice Monastery
A case before the Supreme Court may bring the axe to the long zombified Chevron deference. Sarah and David also take a look at: -North Carolina’s flip-flops on…
Advisory OpinionsAre You There God? It's Me, The Lemon Test
Is it unconstitutional to push religion in a state that favors religion generally? Two bills in Texas are igniting the debate over the establishment clause and…
Advisory OpinionsThe Tech Term Arrives
It’s a SCOTUS packed pod featuring an Alito dissent going into his ~feels~. Plus, AO is getting ready for the much-anticipated Tech Term(s), and Sarah needs…
Advisory OpinionsSarah's Buckets Hit SCOTUS (Oh, and Fox News Settles Dominion Case)
BREAKING! Sarah’s buckets have finally arrived at the Supreme Court. Also: Fox News agrees to pay and pay and pay... but won't tell you about it. Today's…
Advisory OpinionsA Nerdy Amuse Bouche
Justice Alito stays the Texas abortion pill ruling, leading to Sarah and David going full law nerds as they push back on bad reporting and evaluate the legal…
Advisory OpinionsScreaming Complaints
Manhattan DA Alvin Bragg’s latest PR stunt is a fight against Jim Jordan and Republican grandstanding. Sarah and David tear through the 50-page lawsuit before…
Advisory OpinionsAbout Those Dueling Abortion Rulings...
Federal courts, bad incentives, culture war exhibitionism, and abortion distortion… And the week's only started. But Sarah and host emeritus are here for you…
Advisory OpinionsA Mumbling Indictment
Sarah and David are back for a Wednesday (!) episode to give the people what they want: a review of Trump’s indictment. The verdict? Not great. Also: A Twitter…
Advisory OpinionsTennessee Law Drags On
The AO train keeps rolling after Saturday’s emergency pod with an episode chock-full of legal conundrums, fatal contracts, and (one) happy ending. -Weird vibes…
Advisory Opinions...But Was It a Crime? (Live From Harvard)
Sarah and David return to Harvard Law School to beguile the next generation with stories of squirrel rescues and FedSoc of yore. Oh yes, and to discuss the…
Advisory OpinionsSarah VS Serial
Sarah and David spin through a carousel of cases, argue about theoretical swastikas, debate the merits of true crime content, and even bring on returning guest…
Advisory OpinionsFree Speech Re-Education Camp
Sarah and David divide and conquer in an especially busy episode. Following a bright announcement from host emeritus, we delve into... Trump’s possible defense…
Advisory OpinionsTrumped Up?
With possible Trump indictments looming, Sarah and David meet face to face to discuss. Will the Manhattan D.A. set a precedent on prosecuting a former…
Advisory OpinionsThe Walk of Shame (Is Protected Speech)
Stanford Law School students want to have it both ways on speech rights, which means you get to enjoy a firey sequel to Tuesday's epic, infinity-long episode!…
Advisory OpinionsThe Stanford Squeeze (w/ Judge Kyle Duncan & David Lat)
By now you've probably heard about Judge Duncan's bad day at Stanford Law School. No worries if not, because this Marvel-length special episode will leave no…
Advisory OpinionsThe Sun Shines on in Kentucky
David and Sarah are coming to you from live from the University of Kentucky answering the most pressing legal questions: -Is wokeism a religion? -Can an…
Advisory OpinionsMurdaugh Trial and Georgia Juror… Eventually (Catching Up, Ep. 2!)
The saga continues with an episode that really should come with its own trigger warning for being just too sexy. Take a deep breath… -Safe spaces of yore…
Advisory OpinionsCatching Up With SCOTUS, Ep. 1: The Saga Begins
Are you ready for a MOHELA good time? Sarah and David try to read the tea leaves as SCOTUS scrutinizes Biden's student loan forgiveness and the future of the…
Advisory OpinionsJudge Rao on Separation of Powers
Podcast-skeptic Judge Neomi Rao joins Sarah and David on the sidelines of the National Constitution Center’s Conference to talk circuit decisions, career path…
Advisory OpinionsWhat's Mine is Mine
Judgmental looks. Angry scoffs and murmurs. Maybe even kicks at your back. All because you dared to recline your airplane seat. But isn't it your right to…
Advisory OpinionsHateful Conduct (But Actually Speech)
Former VP Mike Pence is challenging a special counsel subpoena. David and Sarah look into the “speech or debate” clause cited by his defense team and its…
Advisory OpinionsDefamation Vibes
Ron DeSantis wants to make open and slacken up national libel laws and, as always, it gets complicated. Sarah and (host emeritus) David try to help out. Also…
Advisory OpinionsYale Anons
Friend of the pod David Lat challenges Sarah and frequent-guest David to think through the implications of different types of anonymous speech. Where is the…
Advisory OpinionsThe Problem With 'History and Tradition'
In an episode dedicated to our most reasonable and law-abiding listeners, Sarah and David examine a Fifth Circuit's ruling that took the Bruen test to the next…
Advisory OpinionsUntested Theories
Face to face at last, The One And Only Host Sarah Isgur and Untitled Tennessean David French exchange rants about NY prosecutors' untested legal theory for…
Advisory OpinionsIs That a Mein Kampf in Your Pocket?
Have you been feeling too optimistic about the state of free speech recently? Don’t worry! For AO’s 300th episode (!), Sarah and David wade through some of the…
Advisory OpinionsSpies, Shredders, and Mistaken Identities
Honor, thy name is the Pence staffer who found classified documents and resisted the urge to accidentally let them slip into a shredder. In addition to…
Advisory OpinionsRod Rosenstein Talks Special Counsels
If somebody understands the challenges of appointing special counsels, it's Deputy Attorney General Rod Rosenstein. He joins Advisory Opinions to talk (and…
Advisory OpinionsSaved By Cert
The Supreme Court saves the day (or at least, this episode) with a slew of last-minute cert grants. A consolidated immigration case; a legal battle between a…
Advisory OpinionsStop Doing This
As they consider the meaning of Robert Hur’s appointment as Special Counsel, Sarah and David cast a wish to the universe that top officials be held accountable…
Advisory OpinionsIs It Windbreaker Time, Yet?
Following Sarah's personal tribute to the incomparable Will Consovoy, Sarah and David wade through the news about Biden's mishandling of classified documents…
Advisory OpinionsBe Not So Sensitive
We got some exquisite First and Second Amendment content for you today. David and Sarah discuss a Fifth Circuit decision to strike down the Trump…
Advisory OpinionsConfession by Stand-Up
In this first episode of the new year, Sarah and David bring a smorgasbord of topics to the table. They cut through the confusion in the legal battle over…
Advisory OpinionsEverybody Wants a Little More Pandemic
Vaccine mandates! Title 42 and border policy! Twitter Files updates! Electoral Count Act! “The Imperial Supreme Court”! FedSoc/Sate showdown! Sarah and David…
Advisory OpinionsBetween Persuasion and Coercion
Sarah and David look at the latest Twitter Files revelations, and consider whether they point to First Amendment concerns. They also look at the first case…
Advisory OpinionsTwitter, Trafficking, and Section 230
It’s a lighting-round AO! David and Sarah start with updates on the Loudoun County scandals, the travails of Biden’s student loan forgiveness plan, and the…
Advisory OpinionsDepends What You Mean By 'Shall'
Oral arguments on Biden's immigration (in)action push the Supreme Court to decide on the meaning of "shall," and to wrestle with the upshot of two government…
Advisory OpinionsIs This a Lollapalooza?
In an all-star hearing, the Supreme Court considers a melange of legal and philosophical arguments concerning the “independent state legislature” doctrine. But…
Advisory OpinionsSpecial Master No More
Finally, the Supreme Court hears arguments on Creative 303, the case that asks whether a web designer can refuse to provide her services for a gay wedding. And…
Advisory OpinionsThe Brooding Omnipresence of the Law
The AO marathon continues as David and Sarah catch up on Supreme Court hearings. In this feature-length episode, they explore the line between lobbying and…
Advisory OpinionsFirst Amendment Monday (on a Tuesday)
It's censor v. censor, as politicians, academics, and journalists from left to right fight over who gets to block whose free speech. Plus: David and Sarah…
Advisory OpinionsThe Access Grift
As rumors swirl about another Alito leak, David and Sarah examine DC’s corrosive obsession with “access.” They also discuss the DOJ's appointment of a special…
Advisory OpinionsThe Future of the Federalist Society
Haggard and sleep deprived, Sarah and David buckle down for an extra-long episode that covers student loans, court sanctions, gay marriage legislation, more…
Advisory OpinionsThe Gobsmacking Guns Case
Things get visceral as David and Sarah discuss Haaland v. Brackeen, the Supreme Court case that may determine who gets to adopt a Native American child. Then…
Advisory OpinionsGuns. Ho.
Yes, David and Sarah share their post-election thoughts (including the Trump question), but they also talk some law! From Judge James Ho (the scourge of Yale…
Advisory OpinionsNo More Pre-Mortem (Almost)
On today's combative pod, David and Sarah revisit the Stacey Abrams lawsuits and check in on the state of election laws. They then turn to the question of…
Advisory OpinionsAffirmative Action Hearing, pt. 2
Time to talk about Harvard. Returning to the affirmative action debate, David and Sarah consider the differences between UNC and Harvard, unpack the justices’…
Advisory OpinionsSCOTUS Considers Affirmative Action
Two universities defended their admissions process before the Supreme Court on Monday. Starting with the University of North Carolina (with a Harvard tease)…
Advisory OpinionsChess World Vibes
Yes, David and Sarah will be teasing their initial thoughts on the Harvard case and the likelihood of the Supreme Court changing the game on affirmative…
Advisory OpinionsChess Cheats and Hot Sauce
Scandal of scandals! Things get weird after a 19-year-old grandmaster is accused of cheating in a chess tournament against a world champion and David and Sarah…
Advisory OpinionsWhere’s the Beef?
In today’s packed episode, David and Sarah check in on the Durham investigation after recent failures to reach convictions. They then turn to updates on the…
Advisory OpinionsThe Jan. 6 Committee Subpoenas Trump
What options does the former president (and his legal team) have in response to the subpoena? Did Judge Ho’s response to critics mollify Sarah’s concerns? And…
Advisory OpinionsThe Case That Broke David's Inbox
In an episode dedicated to our pig friends, Sarah and David are joined by two guests from The Humane Society of the United States: Vice President for Farm…
Advisory OpinionsLive From George Mason
Recording live at George Mason University, David and Sarah open with a critical WAP correction to last week’s show, followed by updates on The Onion amicus…
Advisory OpinionsThe Onion Files an Amicus Brief
An Alabama redistricting case receives a contentious Supreme Court hearing, weighing race neutrality against a history of racial discrimination. Donald Trump…
Advisory OpinionsYou Must Have Misunderstood Law
Trump’s legal drama — Judge Cannon returns! Ken Paxton opines! Fraud alleged! — will be discussed at last... But first, Sarah and David preview what promises…
Advisory OpinionsThe Bell Tolls Long Conference
From the first legal challenge to President Biden’s student loan forgiveness program to a bad precedent in the making involving the NRA, from nation-wide…
Advisory OpinionsLive from the University of Michigan
Sarah and David tape a live episode at the University of Michigan in Ann Arbor, Michigan and they have a special guest: Sixth Circuit Court of Appeals Judge…
Advisory OpinionsKen Paxton’s Airing of Grievances
Texas joins an amici brief in Donald Trump’s Mar-a-Lago case, and Sarah and David ponder… why? Plus: a listener’s astute follow-up question about Yeshiva…