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 puppy case—Curriculum opt-outs— Mahmoud v. Taylor This episode is brought to you by Burford Capital...
Jul 01, 2025•1 hr 27 min
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—Judicial supremacy?—Sir, this is not a Denny’s—Injunction influx—The future of forum shopping—A big J...
Jun 27, 2025•1 hr 18 min
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 light for moving criminal aliens to third-party countries—Gutierrez v. Saenz—Medina v. Planned Parentho...
Jun 27, 2025•1 hr 4 min
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 spa?—Supreme Court won’t bother with Trump’s call on the National Guard now—New Mexico kidnapping and...
Jun 24, 2025•1 hr 9 min
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 Iran This episode is brought to you by Burford Capital, the leading global finance firm focused on ...
Jun 19, 2025•1 hr 10 min
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 face—Time for some role play—Justice Amy Coney Barrett: A New Era in the Supreme Court This episode...
Jun 17, 2025•1 hr 24 min
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—We’re all ‘cranckpots’ —Is yoga protected by the First Amendment? Advisory Opinions is a production ...
Jun 12, 2025•1 hr 5 min
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 lawsuit and kiosks Show Notes:—Mitch Landrieu on The Dispatch Podcast Advisory Opinions is a production ...
Jun 10, 2025•1 hr 5 min
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 Steve Bannon's case at the Supreme Court is a good thing—Judges act differently on camera Show Notes:—...
Jun 05, 2025•48 min
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?—Granting and revoking immigration statuses—Blue Book reform Advisory Opinions is a production of The Dis...
Jun 03, 2025•1 hr 19 min
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 the bar exam: Don’t do what Sarah and David did Show Notes:—Seila Law Advisory Opinions is a producti...
May 29, 2025•1 hr 15 min
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—Dissents, dissental, disgrantle—Move over Robert Bork Advisory Opinions is a production of The Dispat...
May 22, 2025•1 hr 16 min
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 breaks down Legal Eagles trip to Gettysburg—The Constitution and the Civil War with 6th Circuit Chief ...
May 20, 2025•1 hr 49 min
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 birthright citizenship. Advisory Opinions is a production of The Dispatch, a digital media company covering p...
May 15, 2025•1 hr 8 min
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 digital media company covering politics, policy, and culture from a non-partisan, conservative perspectiv...
May 13, 2025•58 min
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
