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 originalism and the role of precedent Advisory Opinions is a production of The Dispatch, a digital media ...
May 08, 2025•1 hr 7 min
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 15: Mark it on your calendar Learn more about your ad choices. Visit megaphone.fm/adchoices
May 06, 2025•1 hr 9 min
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 a charter school?—The establishment clause question Learn more about your ad choices. Visit megaphon...
May 01, 2025•1 hr 3 min
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 other lawyers the “L” word—The arrest of Judge Hannah Dugan—Immunity doctrine is a mess—Louis Vuitton an...
Apr 29, 2025•1 hr 27 min
Amy Howe, the voice of SCOTUSblog, joins Sarah Isgur and David French to discuss the news of The Dispatch’s acquisition of SCOTUSblog. Also: What's the equity in equity dockets? The Agenda: —SCOTUSblog joins The Dispatch —Puppies (and pride?) —Harvard fights back —Equity dockets, revisited Show Notes: —Read more on the acquisition Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To acc...
Apr 24, 2025•1 hr 13 min
Sarah Isgur and David French react to Donald Trump’s latest legal battles and talk to friend of the pod Judge Amul Thapar about his new wellness Substack. \The Agenda: —Birthright citizenship oral argument —Trump's use of Alien Enemies Act blocked —The FAFO bucket —Criminal contempt proceedings against the Trump administration —'An opinion for the ages' —Judges Thapar’s wellness advice Show Notes: —Justice Alito's dissent on Alien Enemies Act —William Baude on the birthright citizenship oral arg...
Apr 22, 2025•1 hr 12 min
Sarah Isgur and David French discuss the ongoing saga of Kilmar Abrego Garcia’s illegal deportation and what’s next for the man currently in a notorious El Salvadoran prison. The Agenda: —SCOTUS order: effectuate vs. facilitate —Emergency docket scorecard —Turnover at the solicitor general's office —MAGA's legal strategies backfiring —Tariff lawsuit in California challenges executive power —Papa Musk Advisory Opinions is a production of The Dispatch, a digital media company covering politics, po...
Apr 17, 2025•1 hr
Sarah Isgur and David French examine detainees’ rights and habeas corpus before reacting to the Season 3 finale of White Lotus. The Agenda: —Gitmo: Hamdi and Rasul —Legal status of El Salvador detainees —Courts and human rights —The Associated Press' fight for free speech —White Lotus and evolutionary psychology —Friend groups should have even numbers Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservativ...
Apr 10, 2025•58 min
Sarah Isgur and David French review the Supreme Court’s emergency decision on the Trump administration’s use of the Alien Enemies Act. The Agenda: —Due process matters —The clean hands problem —More forum shopping —What is “reasonable notice”? —Firing probationary workers —Amy Coney Barrett and John Roberts are the new swing votes Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To acc...
Apr 08, 2025•43 min
Sarah Isgur and David French explain how the tariff power may make its way to the Supreme Court as a “major question” and debate the ethics of arguing in front of your children. The Agenda: —IEEPA, explained —SCOTUS on USAID freeze —Make vaping great again —The most OCD employee —Natural law is real —In defense of legal activism —How to argue in front of your children Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-part...
Apr 08, 2025•1 hr 31 min
Sarah Isgur and David French discuss Wisconsin's unemployment tax case, which touches on the intersection of religious liberty and legal standards. When is an institution operating primarily for religious purposes? The Agenda: —We don’t cover internet beefs —Trump v. All —Can Catholic Charities keep its tax-exempt status? —Wisconsin Supreme Court races are vicious and cruel —Generalists vs. specialists —Evolution of activist legal organizations —Answering listener questions about Trump running f...
Apr 03, 2025•1 hr 2 min
Sarah Isgur and David French review the Trump administration’s latest executive order targeting law firms, the legal challenge against the White House’s invocation of the Alien Enemies Act, and the problems surrounding universal injunctions. The Agenda: —David’s dangerous brush with nature —Trump’s non-strategic executive orders against law firms —Can the courts review a proclamation invoking the Alien Enemies Act? —Is immigration an “invasion”? —OPM ain’t got no standing —Sued for cracking, the...
Apr 01, 2025•1 hr 14 min
Sarah Isgur and David French discuss the Supreme Court’s ruling to uphold the the ban on ghost guns. Is it really about the Second Amendment? Sarah and David are then joined by Gregg Costa—partner at Gibson Dunn and former Fifth Circuit judge—to explain the issue with universal injunctions and forum shopping. The Agenda: —I ain’t afraid of no ghost (gun) —A big week for Justice Neil Gorsuch —Mens rea and regulation —False vs. misleading —$660 million, baby —Judiciary is politicized —Administrati...
Mar 27, 2025•1 hr 28 min
Sarah Isgur and David French give us an update on the Paul Weiss legal drama and the frontal attacks on the law firm from the Trump administration. Plus, video dissents and a bill tackling injunctions. The Agenda: —The deal —The Texas Lawbook responds to Trump administration —Skadden Arps and the backlash —Paul, Weiss chair's Sunday afternoon memo —Dinesh D'Souza, for some reason —The Dissenting Judge —The end of universal injunctions? Advisory Opinions is a production of The Dispatch, a digital...
Mar 25, 2025•1 hr 15 min
Sarah Isgur and David French discuss Chief Justice John Roberts’ recent rebuke of President Donald Trump and the proper way to criticize a court’s opinion. The Agenda: —Judicial independence and integrity —Orin Kerr and Michael C. Dorf debate —The “confusing” McDonnell Douglas framework —Parental due process rights —Age restrictions on the 2A —Free speech for professors —SCOTUS’ lottery system Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, a...
Mar 20, 2025•1 hr 13 min
In this less-than-cheerful episode, Sarah Isgur and David French discuss threats to the judiciary external and internal, exploring the Trump administration’s legal maneuvers against law firms and drawing parallels to historical events like the Alien and Sedition Acts. The Agenda: —SCOTUS Update: All B cases —A judge’s gamesmanship on birthright citizenship —Leave Justice Amy Coney Barrett’s sister alone —Paul, Weiss and Trump’s threats to the rule of law —Venezuelans are being deported —Defying ...
Mar 18, 2025•1 hr 56 min
Live from the University of Michigan, Sarah Isgur and David French are joined by law professors Josh Chafetz, Aaron Nielson, Jennifer Mascott, and other special guests, to explain Humphrey's Executor and the executive power of removal. The Agenda: —Myers v. United States —Humphrey's Executor v. United States —Peekaboo —The “illimitable power of removal” —Was Madison right about “liquidation”? —Congressional accountability —Civil service reform —Justice Barrett Advisory Opinions is a production o...
Mar 13, 2025•1 hr 2 min
Between President Donald Trump’s executive order targeting Perkins Coie and interim D.C. U.S. Attorney Ed Martin sending letters to Georgetown Law, it has been quite the week for weaponized government. Sarah Isgur and David French dive into these two headliners, as well as a First Amendment debate involving green card holders. The Agenda: —More Sarah lore: Combative hula-hooping —Perkins Coie and President Trump's executive orders —FIRE's response to the Trump administration's threat to deport a...
Mar 11, 2025•1 hr 19 min
David Stras, appeals judge for the 8th Circuit, joins Sarah Isgur and David French at the University of Chicago Law School to discuss complexities of case selection in the Supreme Court, the quality and clarity of judicial opinions, and disagreements with Justice Clarence Thomas. The Agenda: —Recent SCOTUS cases —Supreme Court denies Trump request —SCOTUS kicks bias response teams —Judge Stras' background from Holocaust survivor grandparents —Decline in Supreme Court cases —Cert pool theory —Pro...
Mar 06, 2025•1 hr 10 min
Sarah Isgur invites former Deputy Attorney General Rod Rosenstein and special counsel Robert Hur to discuss the significance of special counsels, including the appointment process involved and the public’s perception of their independence and accountability. The Agenda: —Historical context of special counsels —Evolution of special counsel regulations —The personal impact —Role of predication —Public confidence —Q&A! Advisory Opinions is a production of The Dispatch, a digital media company cover...
Mar 04, 2025•1 hr 10 min
David French is off doing David French things, so Sarah Isgur takes over the podcast and invites Judge Charles Eskridge of the Southern District of Texas and Judge Brantley Starr of the Northern District of Texas to discuss all things Texas—and the powers of the executive branch. The Agenda: —What’s exciting about Locke? —Here comes the Old Whig —King of England vs. the American president —Appeal to heaven —Second terms are bad news —The shallow state —Departmentalism and lawsuits Show Notes: —O...
Feb 27, 2025•1 hr 16 min
Sarah Isgur and David French chased down a handful of authors over the weekend at the National Constitution Center for hallway interviews about life, liberty, and ... witches. The Agenda: —Jeff Rosen teaches us about happiness —Virtue vs. pleasure —Salem witch trials! —Nobody burns, they hang —What does it mean to be a lawyer? —Living beyond the billable hour Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, con...
Feb 25, 2025•1 hr 23 min
David Lat joins Sarah Isgur and David French to analyze what’s behind the Department of Justice’s motion to dismiss the case agains New York City Mayor Eric Adams. The Agenda: —Friends get benefits in the Trump admin —Attorneys operating under a dual sovereignty —How good of a narc can you be? —Listener questions! —How Rome falls —Retribution —Grading the judiciary Show Notes: —Will Chamberlain's tweet —Denise Cheung resigns —AO's emergency-ish episode on Sassoon Advisory Opinions is a productio...
Feb 20, 2025•1 hr 11 min
In an emergency-ish episode, Sarah Isgur and David French go over the timeline of the Thursday Afternoon Massacre and its immediate fallout. What does the past week portend for President Donald Trump’s Department of Justice? The Agenda: —Danielle Sassoon’s letter and future —Worst possible way to do a not-insane thing —The state of the DOJ —Trump’s Napoleon tweet —How much power does Elon Musk actually have? Show Notes: -Nick Catoggio on Danielle Sassoon Advisory Opinions is a production of The ...
Feb 17, 2025•1 hr 5 min
Is President Donald Trump breaking the Justice Department or simply reshaping its priorities? As federal prosecutors resign, Sarah Isgur and David French debate whether we’re looking at another Saturday Night Massacre—and whether that’s how the justice system should work. The Agenda: —What is (and isn’t) lawless? —More on the independence on federal agencies —One magnificent speech away —Justice Brett Kavanaugh on fiduciary discretion —“F— cheerleading” Advisory Opinions is a production of The D...
Feb 14, 2025•59 min
Sarah Isgur and David French steal away to sunny Stanford University to talk shop with law students and bask in a friendlier climate. The Agenda: —Casual antisemitism at Cooper Union? —How to handle disagreement at elite schools —Gender identifiers for government employees —Bad injunction takes —Rejecting the president’s understanding of the Constitution —Q&A Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, con...
Feb 11, 2025•1 hr 11 min
Sarah Isgur and David French discuss our two favorite topics: God and guns. Can you sue your church, and do young adults have the right to bear arms? ’Merica! The Agenda: —Corrections! On USAID comments. —It is still illegal to murder FBI agents —SCOTUS chooses to stay out of religious cases —You can't sue for your tithes —Young adults have a right to guns —Bruhimi —Civic vs. individual rights Show Notes: —Tess Bridgeman's article on firings —Hosanna-Tabor case —Jack Goldsmith and Bob Bauer's ar...
Feb 06, 2025•1 hr 2 min
Sarah Isgur and David French are joined by Erin Hawley, senior counsel to the appellate team at the Alliance Defending Freedom, to discuss the latest, er, kerfuffle that sent federal employees scrambling. Who is in control of executive agencies? The Agenda: —Tariffs, funding freeze, and firings —Congress has the power to collect —Trump’s workaround —Barrett vs. Gorsuchian doctrines —Elon Musk’s power grab —Where does the fire-at-will power end for the president? —The Founders say we’re all untru...
Feb 04, 2025•1 hr 21 min
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. Also: We need to discuss law reviews. The Agenda: —Unitary executive theory —President Trump’s sledgehammer —Congressional oversight no more? —The Take Care clause —Interstate tariff prohibitions —Student-led law reviews: good or bad? —Expert explains cowrie shells Show Notes: —Trump v. United States —South Dakota v. Wayfair —Professor Er...
Jan 30, 2025•1 hr 1 min
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 covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of...
Jan 28, 2025•1 hr 1 min
