Sarah Isgur and David French discuss the IRS lawsuit brought by President Donald Trump, SCOTUS’s mifepristone decision, and a unanimous verdict from the justices that no one except Sarah cares about. The Agenda: – The 1,776 slush fund – David’s ‘back in the day’ lawsuit against the Obama administration –The Bivens brick wall –Trump loses on the law but wins in the politics –Ballroom and baby steps – Is Trump the Chosen One? –Brief explainer on the Comstock Act – Court rules freight brokers can f...
May 19, 2026•1 hr 3 min
Sarah Isgur and David French discuss the emergency docket ruling from SCOTUS on Alabama’s congressional maps , which broke down over three-justice ideological lines, Virginia’s filing (yes, they did file) at the Supreme Court, and a very special 2-1 9th Circuit panel opinion. The Agenda: – Remember Allen v. Milligan ? –Central, urban bonkerstown –14th Amendment Equal Protection argument vs. Section 2 of the Voting Rights Act –Virginia files gerrymandering case at SCOTUS – Biogradable cooler disp...
May 14, 2026•58 min
Sarah Isgur and David French discuss the Virginia State Supreme Court striking down the state’s new congressional maps, Neal Katyal’s TED talk that we don’t want to talk about, and David plays a fun constitutional “Would You Rather” game. The Agenda: – Virginia’s gerrymandering map is unlawful –The left can’t get mad at the right when the right tried the independent state legislator argument – What really won the trillion-dollar Supreme Court case –Who is Harvey? –Shout out to the coolest AP Gov...
May 12, 2026•1 hr 7 min
Welcome to Callais-a-palooza, where Sarah Isgur and David French discuss Louisiana v. Callais , the Supreme Court decision that struck down Lousiana's congressional map and allows Louisiana to draw a new map that will likely favor Republicans. The two read Justice Ketanji Brown-Jackson's dissent, discussed whether the decision violates the Purcell principle, and answer listeners' questions about the decision. The Agenda: —Sarah's dad is unconstitutional —The 32-day question —The three Honey Badg...
May 07, 2026•58 min
Justice Samuel Alito allows medical companies to continue administering the abortion pill Mifepristone after the 5th Circuit Court of Appeals ordered for it to be dispensed only in person. Sarah Isgur and David French discuss the role of standing in judicial review and abortion access after Donald Trump’s presidency. The Agenda: – Court issues temporary order allowing access to abortion pill by mail –The 5th Circuit is the outlier court –Overturning Roe V. Wade didn’t end abortion – Can Trump en...
May 05, 2026•1 hr 19 min
Sarah Isgur and David French discuss the decision in a racially challenged redistricting map case, weird indictments, and whether Israel is guilty of genocide. The Agenda: – No one consulted the chief justice on flyovers – Reverse and Remand on First Choice Women’s Resource Centers, Inc. v. Davenport –Living in a post- Dobbs world – Supreme Court strikes down redistricting map challenged as racially discriminatory –James Comey has been indicted, again – Indictments on Southern Poverty Law Center...
Apr 30, 2026•1 hr 24 min
The inimitable Lisa Blatt joins Sarah Isgur and David French to discuss the two business docket cases named Cox and Chevron , a message to the judges and justices who like concurrences, and advice for aspiring lawyers. The Agenda: – We are launching a newsletter! – The 5th Circuit’s Ten Commandment Ruling –Ditch the coercion test –How to become Lisa Blatt –Does the internet always win? –Peak sexiness, federal removal –Kudos to the government on its birthright citizenship oral argument –Shut down...
Apr 28, 2026•1 hr 15 min
Will the Supreme Court overturn religious precedent in the case of a Catholic preschool challenging its exclusion from a Colorado “universal preschool” program? Should the Supreme Court care about its own popularirty? And, is Ted Cruz a great option as for Supreme Court justice? Sarah Isgur and David French answer these questions and more, live at the University of Denver. Also: We are launching a SCOTUSblog newslette r on April 28! The Agenda: – ‘Universal’ pre-K causes court to re-re-reconside...
Apr 23, 2026•1 hr 28 min
Sarah Isgur and David French push back against the New York Times reporting on the birth of the shadow docket, discuss Justice Sotomayor’s apology after criticizing him in personal terms during a speech at the University of Kansas School of Law, and interview Oklahoma Gov. Kevin Stitt about McGirt v. Oklahoma . The Agenda: – The birth of the shadow docket –Who leaked Dobbs ? – Justice Sotomayor apologizes to Justice Kavanaugh – Justice Kagan’s screaming tantrum – Justice Thomas’s talk on the...
Apr 21, 2026•1 hr 10 min
Sarah Isgur, on a whirlwind booktour, takes a break to deliver the legal goods with David French. The two discuss a Washington Post piece on civil rights data during the Trump era, Chiles v. Salazar, and free speech and AI liability in child porn. The Agenda: – Sarah on The View – David’s beef with WaPo piece on civil rights data –AI liability – Book restrictions in Iowa –Iowa law prevents schools from providing instruction relating to gender identity or sexual orientation – Religious challenge ...
Apr 16, 2026•1 hr 5 min
Sarah Isgur and David French revisit Stephen Colbert’s favorite case, take a look at a rare biting word about Justice Brett Kavanaugh from Justice Sonia Sotomayor, and dive into a circuit court extravaganza. –Sarah is on a book tour! – Sotomayor vs. Kavanaugh –Citizens United is not controversial –Is there a judicial pipeline? –The seals are ugly –Circuit Court Extravaganza: Bathtub gin, pronouns, and sparkling sports gambling Show Notes: – The case establishing corporate personhood – Home disti...
Apr 14, 2026•1 hr 3 min
Sarah Isgur and David French discuss President Donald Trump’s rhetoric over Iran, what constitutes a war crime, and what happens if a military officer fails to obey an order or regulation. The Agenda: – John Mulaney gives SCOTUSblog a shoutout –Threatening war crimes –Will President Donald Trump ever see the Hague – Judge Scalia rolling over in his grave – Article 92 and disobeying orders –David answers questions Order Sarah’s book here. Advisory Opinions is a production of The Dispatch , a digi...
Apr 09, 2026•1 hr 9 min
Pam Bondi is no longer attorney general, Steve Bannon’s case is sent back to lower courts, and the Chiles decision on conversion therapy becomes nonpartisan. The Agenda: —Pam Bondi’s disastrous tenure —Three Year Letterman shoutout — SCOTUS kicks Steve Bannon’s case — Chiles v. Salazar — Law of War on President Donald Trump’s Easter tweet —No more exclamation points in judicial opinions!!! Order Sarah’s book here. Advisory Opinions is a production of The Dispatch , a digital media company coveri...
Apr 07, 2026•1 hr 9 min
Sarah Isgur is joined by David French, Amanda Tyler, Akhil Amar, and SCOTUSblog ’s Amy Howe to react to the oral arguments in Trump v. Barbara , Donald Trump’s challenge to birthright citizenship. Watch the livestream here . Learn more about your ad choices. Visit megaphone.fm/adchoices...
Apr 01, 2026•1 hr 7 min
Former New Jersey Gov. Chris Christie joins Sarah Isgur and David French to discuss his explicit argument with the former FBI Director Robert Mueller, remember a Christmas carol session with former Attorney General John Ashcroft, and weigh in on whether or not you should go to law school. The Agenda: – Birthright Citizenship: Preview –Welcome back, Gov. Christie! –Contempt of Court, Rule 11 Sanctions, and Disbarment –Going Full Monty on the Robert Mueller story –The state of the Justice Departme...
Mar 31, 2026•1 hr 17 min
Sarah Isgur and David French discuss two Supreme Court oral arguments: one on Mississippi accepting ballots five days after Election Day, one on turning away asylum seekers before they reach the border. The Agenda: – Watson v. Republican National Committee (election law) –The incentives won’t change when people vote – Sarah’s least favorite oral argument – Zorn v. Linton Order Sarah’s book here. Advisory Opinions is a production of The Dispatch , a digital media company covering politics, policy...
Mar 26, 2026•57 min
Judge Rebecca Taibleson of the 7th Circuit Court of Appeals joins Sarah Isgur and David French for a conversation about her path to the federal bench. But first, the Supreme Court's unanimous Olivier v. City of Brandon decision on free speech zones, the viral Afroman jury verdict, and the Pentagon Press policy ruling. The Agenda: – Olivier v. City of Brandon, Mississippi – Afroman and the Streisand Effect – U.S. judge rules against Pentagon press restrictions –Cauliflower and Mark Twain –Intervi...
Mar 24, 2026•1 hr 9 min
Live at the University of Pennsylvania's Carey Law School, Sarah and David are joined by Third Circuit Judge Stephanos Bibas to break down the Supreme Court's temporary protected status cases. They also debate whether a federal "defender general" would level the playing field and play a round of Marvel "What if?" with landmark Supreme Court moments. Order Sarah’s book here. The Agenda: –We await Gov. Chris Christie's return – TPS Cases: Cert Before Judgment for Haiti and Syria Nationals – Defend...
Mar 19, 2026•1 hr 16 min
Sarah Isgur and David French dive into two Ninth Circuit opinions: one involving an anti-discrimination law in Washington, another related to a first-grade girl being punished for giving her classmate a drawing inspired by what her teacher read in class. The Agenda: –Is the Fifth Circuit still the most conservative court? – Judge VanDyke’s swinging opinion –What is this case even about? – Adrian Vermeule weighs in –Don’t sic a kid’s drawing – First-graders have free speech rights Order Sarah’s b...
Mar 17, 2026•1 hr 8 min
David French and Sarah Isgur break down new polling showing historic lows in trust for the Supreme Court, debate whether a public disagreement between Justices Brett Kavanaugh and Ketanji Brown Jackson helps or hurts the institution, and dive into oral arguments on property seizures and witness testimony rights. Show Notes –Hometown Program last call – Supreme Court polling and public trust – Justices Jackson and Kavanaugh clash –Trump vs. Supreme Court – Takings Case: property seizure over $2,0...
Mar 12, 2026•55 min
Welcome to the SCOTUSblog/Advisory Opinions Extended Universe, featuring hosts from " Amarica's Constitution " (Akhil Amar and Andy Lipka) and " Divided Argument " (Will Baude and Dan Epps). On today's episode, the group discusses substantive due process in the context of Mirabelli v. Bonta , a California law that prevented teachers from sharing information with parents about their children's gender transitions at school. The Agenda: – Mirabelli v. Bonta –What is Substantive Due Process? –Conser...
Mar 10, 2026•1 hr 5 min
Sarah Isgur and David French break down United States v. Hemani , a Second Amendment case involving an alleged user of a controlled substance in possession of a gun. They then discuss two interim docket decisions, one on elections and congressional districts, and one on parental rights and substantive due process. The Agenda: – Guns and drug use –Downtown Bonkers Town – Interim Docket: California Parental Rights – New York Redistricting Emergency Stay –War powers resolution debate Show Notes: – ...
Mar 05, 2026•1 hr 7 min
Sarah Isgur and David French debate whether President Donald Trump's military action against Iran requires congressional authorization, explore the constitutional limits of presidential power, and argue over which version of James Madison deserves our respect. The Agenda: –Housekeeping: corrections, good causes, and collaborations –Legalities of interventions in Iran –Abrielle skips school to talk about the Hometown Program –Sarah loses it on James Madison Show Notes: – Smith v. Goguen – United ...
Mar 03, 2026•1 hr 29 min
Sarah Isgur and David French dive deep into the world of immunities, examining recent Supreme Court decisions and their implications. They discuss State of the Union attendance patterns, analyze a postal service immunity case that split along unexpected ideological lines, and explore the contrasting jurisprudential approaches of Justices Gorsuch and Kavanaugh across different administrations. The Agenda: — State of the Union attendance —Postal service immunity —Executive power dynamics between G...
Feb 26, 2026•1 hr 5 min
Sarah Isgur and David French record live at Florida State University and further examine the Supreme Court’s major tariff decision, examining Justice Kagan’s consistency argument, debating the Major Questions Doctrine with Justice Gorsuch’s concurrence, and analyzing Justice Kavanaugh’s dissent on executive power in foreign affairs. The Agenda –Analyzing Kagan’s argument –Deep dive into statutory interpretation approaches –Footnote battles (fun!) and methodological disagreements –Executive power...
Feb 24, 2026•1 hr 15 min
In this emergency episode, Sarah Isgur and David French break down the Supreme Court’s historic 6-3 decision striking down President Donald Trump’s tariff authority under IEEPA. The Agenda: – The 6-3 decision –Chief Justice Roberts’ straightforward opinion –Major questions doctrine explained –The Festivus Concurrence begins –The refund mess –Why this is the most important case Show Notes: – Quick Thoughts on the Tariff Decision – Supreme Court strikes down tariffs Advisory Opinions is a producti...
Feb 21, 2026•48 min
Sarah Isgur and David French are in Dallas, Texas, at Southern Methodist University’s Dedman School of Law to discuss Justice Samuel Alito’s potential next moves, the alternative to federalism, and attorney-client privilege in AI. The Agenda: –Justice Alito’s book release has raised eyebrows –Judge Amul Thapar, fitness influencer –A question from the best history teacher ever –Can the courts subpoena my AI activity? – David French v. AI –Boneless chicken wings vs. chicken nuggets –Questions from...
Feb 19, 2026•1 hr 4 min
Sarah Isgur and David French discuss another set of Trump administration indictments rejected by a grand jury, the memo from Chief Judge Jeffrey Sutton of the 6th U.S. Circuit Court of Appeals dismissing the complaint against U.S. District Judge James Boasberg, and finally, Grifter Sarah comes out to play in the Texas Senate race. The Agenda: – The DOJ’s dropping success rate with cases –David goes meta –Are AUSA positions worth it? – DOJ misconduct complaint against federal judge dismissed –Con...
Feb 12, 2026•1 hr
Hot takes from James Comey, the 5th Circuit weighs in on habeas corpus petitions, and does being a lawyer suck? Sarah Isgur and David French weigh in. Note: SCOTUSblog is hiring. Find more details and apply at this link , or send a cover letter and resume to scotusblog@thedispatch.com . The Agenda: – Introducing the Interim Relief Docket Stat Pack –Where are all the U.S. attorneys? – Supreme Court allows California to use congressional map benefitting Democrats –Trump administration games immigr...
Feb 10, 2026•1 hr 4 min
Sarah Isgur and David French investigate the case of Don Lemon and the church disruptors. Plus: Trump sues Trump and two circuit court split decisions. The Agenda: –Chess, the musical — What are these clerks going on about? — T rump v. IRS — The issue of selective admissions policies — Compelled speech and pronouns in school –Taking bets on the tariffs decision Note: SCOTUSblog is hiring. Find more details and apply at this link , or send a cover letter and resume to scotusblog@thedispatch.com ....
Feb 05, 2026•1 hr 7 min
