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
Let’s Pretend We’re Justices | Interview: Chris Scalia
David French and Sarah Isgur steelman Justice John Paul Stevens and Justice Stephen Breyers’s dissents in the Heller case through a one-act play produced by ChatGPT. The two also invite Chris Scalia to play the majority opinion writer (and his late father) Justice Antonin Scalia.
The Agenda:
–One act, three justices
–What AI got right and wrong
–Justice Breyer, fully vindicated
–Shul is
Trump’s Ballroom Blitz
Sarah Isgur and David French return, but with a little bit of a switcheroo as David takes the host’s chair. They discuss President Donald Trump’s appeal to the Supreme Court on the construction of a White House ballroom, a religious liberty case about permits and prayer services, and a bit of reality TV litigation.
The Agenda:
–We can all laugh about this one day
–Pierre Charles L’Enfant
This Is Not A Vibes-Only Podcast
David Lat and Zachary Shemtob return as guest hosts and are joined by Adam Feldman, author of the blog Empirical SCOTUS and the Substack Legalytics, to discuss an update on birthright citizenship, some new polling about SCOTUS, and Luigi Mangione, who will soon be tried for the murder of UnitedHealthcare executive Brian Thompson.
The Agenda:
–Where in the world are Sarah and David?
–The
SCOTUS’s October Preview
David Lat takes over the host’s chair and is joined by Zachary Shemtob, executive editor of SCOTUSblog, and Amy Howe, co-founder of SCOTUSblog, to discuss Justice Samuel Alito’s retirement plans (not yet), President Donald Trump’s new executive order targeting birthright citizenship, and hot cases in the upcoming October term.
The Agenda:
–Sarah Isgur’s rebuttal
–Justice Alito’s back! (He
Fauci Pleads the Fifth | Interview: Elie Honig
Sarah Isgur and David French are joined by CNN senior legal analyst Elie Honig to discuss Anthony Fauci’s invocation of the Fifth Amendment. Is it okay? Is it not okay? How does this relate to the pardon power? Then it’s on to a constitutional game show where each member of this three-person team picks two constitutional amendments they would magically ratify and one amendment they would veto.&n
The Island of Rationality and the First Amendment
Welcome to First Amendment-a-palooza, where headliners Sarah Isgur and David French play the classics like: “Are license plates government speech?” and “Three cheers for Citizens United,” as well as “Owning a copy of Mein Kampf means you’re an idiot, but it’s still private speech.”
The Agenda:
–Immigration issues
–Citizens United will be overturned
–Gender, protected speech, and school c
Receipts on the Senate Filibuster | Interview: Mike “Frags” Fragoso
Sarah Isgur and David French discuss the Trump administration’s appeal to the Supreme Court about its mail-in voting executive order. Then the two talk with Mike Fragoso, former chief counsel to then-Senate Majority Leader Mitch McConnell and partner at Torridon Law, to discuss the food truck nature of Senate judicial nomination.
The Agenda:
–Additional restrictions on mail-in voting
Reviewing the Court’s Criminal Law | Interview: Rory Little and Orin Kerr
Sarah Isgur and David French discuss new data on questions that the Supreme Court justices are asking, dive into the definition of stipulation, and run through a few questionable subpoenas of reporters. All this before the crime-apalooza interview with University of California law professor Rory Little and Stanford law professor Orin Kerr. You won’t want to miss their discussion on torture. No, th
Alaska v. a Charter Plane and a Six-Pack of Beer
Sarah Isgur and David French explain a case in which an Alaskan charter plane was seized over a six-pack of beer and discuss Title IX due-process rights on college campuses.
Sarah and David are then joined by Harvard Law professor Richard Re to break down his column arguing that Chief Justice John Roberts is moderating from the front.
The Agenda:
—Alaskan charter plane seized over a six-pack
—
Defy the Gods
Sarah Isgur and David French discuss Messi flags and The Odyssey in 4D (not IMAX!) before diving into legal topics such as the politics at the Supreme Court, 3rd Circuit defamation and cancellation, and why the Hawaii Supreme Court is wrong.
The Agenda:
–Sarah’s kid gave her a bloody lip
–The politics of the court
–Samuel Alito, a MAGA-Friendly Justice?
–Stephen Miller is totally ignora
A Bucket Full of Trump Bait
Sarah Isgur and David French discuss Justice Amy Coney Barrett and Justice Elena Kagan’s testimony in front of Congress, an Alaska Airlines forum argument about religious issues, and President Donald Trump’s various legal battles—from the War Powers Resolution to sanctioned lawyers to law firm subpoenas.
The Agenda:
–Supreme Court Justices testify before Congress
–Canceling the Shadow Docket
–
Plenty of Culture War Stuff
Sarah Isgur and David French preview the next Supreme Court term, discuss a dissent from a cert denial on defamation, and consider a few think pieces on the court: Are any of the justices political? Finally, the circuit decision heard ‘round the world: Florida’s Stop WOKE Act, stopped by an 11th Circuit panel decision.
The Agenda:
–Every rose has its thorn
–Not-A-Ban on assault weapons coming n
SCOTUS Vibe Check
Live from the Johns Hopkins Bloomberg Center in Washington, D.C., Sarah Isgur and David French review the OT25 term with Akhil Amar, professor of law and political science at Yale University, and David Lat, author of Original Jurisdiction. The four break down the most consequential cases of the past term—from the tariffs case to Humphrey’s Executor, birthright citizenship, and what it all means fo
Complicating the Polarization Narrative
Sarah Isgur and David French slow things down with an overview of the yearly Stat Pack released by SCOTUSblog, look at the dissents in the birthright citizenship case, and answer listeners’ questions about everything from the 14th Amendment being sex-blind to whether independent agencies could be recreated within the legislative branch.
The Agenda:
–Stat Pack: Findings
–Trump v. Barbara could
It’s the End of the Term
SCOTUS strikes down a Donald Trump executive order ending birthright citizenship, reshapes campaign finance law, and rules that states can exclude transgender athletes from girls’ and women’s sports teams. Sarah Isgur and David French discuss in a marathon end-of-term episode.
The Agenda”
–The pre-apology
–Trump v. Barbara
–Wow, we were wrong
–Et tu, Barrett? (No, not really)
–What is the p
Supreme Court Weighs In on Unitary Executive Theory
Sarah Isgur and David French break down the latest Supreme Court opinions regarding unitary executive theory, mail-in voting, and the Fourth Amendment.
The Agenda:
—Unitary executive theory gets tested
—Dorm-room originalism
—Lisa Cook keeps her job
—Mail-in voting
—Text, history, and ...
—Geofence warrants
Show notes:
—Trump v. Slaughter
—Myers v. United States
—Humphrey's Executor v.
Court Rules TPS Decisions Can’t Be Judicially Reviewed
Sarah Isgur and David French react to the latest opinions of the court in two major immigration cases and a review of Hawaii’s restrictions on concealed-carry permits.
The Agenda:
—The SCOTUS opinion day “ritual”
—Hawaii gun restrictions
—Shall not be infringed
—Border dispute over asylum seekers
—Judicial review of TPS
—Trump's “Muslim” ban
Show notes:
—Destiny of the Republic
Advisory
Enforcing International Law in U.S. Courts
Sarah Isgur and David French explain the various legal complications of the Iran MOU and react to the most recent opinions handed down by the Supreme Court.
The Agenda:
—Waiving Iranian sanctions
—Suing state employees personally
—International law in U.S. courts
—Cuban confiscation case
—Seizing homes over unpaid taxes
—The rights of green card holders
Show notes:
—Jack Goldsmith at Exec
SCOTUS Rules on Illegal Drug Users Owning Firearms
Sarah Isgur and David French react to two new Supreme Court opinions on gun ownership while possessing illegal drugs and appeal waivers.
The Agenda:
—Drugs and the Second Amendment
—Rewriting Bruen
—Bad plea deals
—Overcharging crimes
—The Gorsuch-Kavanaugh dynamic
—The DOJ and the Hyde Amendment
Show notes:
—United States v. Hemani
—Hunter v. United States
Advisory Opinions is a produc
The Trump Administration's Internal Arguments Over Habeas Corpus
Sarah Isgur and David French break down the most recent cert grants out of the Supreme Court's order list and Trump's argument for suspending habeas corpus.
The Agenda:
—Paid petitions vs. In Forma Pauperis
—Six-person juries in Florida
—Can undocumented immigrants be held indefinitely?
—New York Times reporting on Trump and habeas corpus
—Leaked memo fallout
—Lawyers using AI
—Georgia cam
Can Transgender People Serve in the Military?
Sarah Isgur and David French discuss the three SCOTUS decisions that dropped Thursday morning, a D.C. Circuit decision on President Donald Trump's ban on transgender military members, and accommodations running rampant at law schools. Oh, and a federal judge charged with battery and destruction of physical property.
The Agenda:
–Sign up for the SCOTUSblog newsletter
–We are faced with the dud
Counting Down the Supreme Court Term
Sarah Isgur and David French look at what’s left on the docket from this term before diving into a little Los Angeles mayoral politics.
The Agenda:
–Supreme Court bingo
–Do Rastafarians get religious exemptions?
–The mighty small-dollar donor
– United States v. Hemani
–Wolford v. Lopez
–Appearance of election corruption
–No, a GOP candidate did not have a chance to become mayor of Los An
Getting Out of the Redistricting Business
Sarah Isgur and David French discuss the Supreme Court’s Alabama redistricting decision, a plea deal from the former national security adviser, and the best legal movies ever made.
The Agenda:
–June 4 Opinions
–Alabama’s new maps
–John Bolton pleads guilty
–Did the media actually get this right?
–Gender and the Supreme Court’s culture
–Favorite legal movies
–Another round of Would You R
President Trump’s Losing Streak
Sarah Isgur and David French (he returns!) discuss the major Trump losses—Kennedy Center name change, motion on Trump v. IRS, and injunction on the slush fund—before reviewing scrutiny of the court and the swatting incident at Justice Amy Coney Barrett’s residence.
The Agenda:
–Sarah returns to the greatest state in the U-S-of-A
–Kicking Trump’s name from the Kennedy Center
–The Flight 93 pro
District Map Fights Before the 2026 Midterms
David Lat joins Sarah Isgur (see ya later, French) to discuss the three-judge panel overturning Alabama’s congressional maps, a new lawsuit against President Donald Trump’s slush fund, and a lying Judge.
The Agenda:
–No redistricting according to race
–Nonsense lawsuits
–Dragging courts into political fights
–Moving honey buns is interstate commerce
–Sanction more judges?
–Feeling Wicker-ty
SCOTUS Through the Decades | Interview: Nina Totenberg
Sarah Isgur and David French discuss an anticlimactic dig from the Supreme Court over IQ tests and the death penalty and challenges to the $1.8 billion slush fund President Donald Trump created on weaponization, and they talk with NPR's Nina Totenberg about covering the Supreme Court.
The Agenda:
—Hamm v. Smith
—How many IQ tests does a person on death row need to take?
—Who can challenge the
All the Things Wrong with Trump’s Billion-Dollar Fund
Sarah Isgur and David French analyze President Donald Trump’s $1.776 billion “anti-weaponization” fund through the lens of three legal “buckets,” and talk about how federal appropriations work and the Obama-era case that hangs over this legal issue. The two also discuss the Supreme Court’s latest cert grant on a Title IX case, plus the circuit split brewing over the First Amendment and judicial el
Let’s Sue the Government
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
SCOTUS Clears Way for Alabama to Use Congressional Map
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. Sec
The TED Talk Heard ‘Round the World
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 re
Congress Did Something!
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 th
Justice Alito Stays Ruling on Abortion Pill by Mail
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–
Gutting the Voting Rights Act | Interview: Judge Roy K. Altman
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 disc
Arguing In Front of SCOTUS | Interview: Lisa Blatt
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, fed
Overturning Religious Precedent
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
The Chief Justice Didn’t Hate President Obama | Interview: Gov. Kevin Stitt
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 apo
There Is No Historic Defeat for Civil Rights
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
Sotomayor vs. Kavanaugh?
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
Trump’s ‘War Crimes’
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 q
You’re Fired, Pam Bondi
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 bo
Birthright Citizenship Oral Arguments
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.
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In Mourning for the DOJ | Interview: Chris Christie
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
Mail-In Ballot Deadlines Challenged in Court
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.
Advis
You Can’t Preach Jesus Here | Interview: Judge Rebecca Taibleson
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 Eff
Will Temporary Protected Status for Immigrants End?
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
Judge Gets Vulgar in Transgender Spa Case
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 Vermeu
Supreme Court Justices Spar Publicly
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
What Are the Liberties Not in the Constitution?
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 t
Can Marijuana Users Be Barred from Owning Guns?
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 Parenta
Trump Bypasses Congress on Iran
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 a
The Immunity Episode
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
What’s Next After Friday’s Tariff Decision?
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 i
Supreme Court Strikes Down Trump Tariffs
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 Though
Justice Alito’s Next Moves
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
Naw Dawg to the DOJ
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 me
Will SCOTUS Show Its True Colors?
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 allo
Quasi-Hypotheticals
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?—Trump 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
Blaming the Judiciary
Sarah Isgur and David French are hosted by the Rockefeller Center for Public Policy and Social Sciences at Dartmouth to discuss the United States at 250 and where the Supreme Court stands today.Pre-order Sarah’s book: Last Branch Standing: A Potentially Surprising, Occasionally Witty Journey Inside Today's Supreme CourtThe Agenda:—The Swing Justice era of the court is the exception—Thank you Justi
What’s Next for TikTok
Sarah Isgur and David French explore the intricate legal landscape surrounding the TikTok deal and its compliance with the ban or sale law. Then, they delve into the Federal Tort Claims Act, and review a few circuit court cases.
The Agenda:–TikTok sale is complete–First Amendment and content moderation–Federal Tort Claims Act overview–Meth and the Second Amendment–Where can I bring my gun in Mary
Analyzing ICE Shootings
Sarah Isgur and David French discuss the differences between the fatal shootings of Renée Good and Alex Pretti in Minneapolis and invite Orin Kerr, professor of law at Stanford Law School, to talk about judicial and administrative warrants.
The Agenda:–Comparing the two ICE shootings–Supremacy Clause and federal cases–Fourth Amendment rights–Racial gerrymandering in Texas–Answering our favorite l
Is Lisa Cooked?
Sarah Isgur and David French break down Paul Clement’s “thousand duck-sized horses” argument before the Supreme Court in the Trump administration’s case over the firing of Lisa Cook, and what it means for for-cause removal at the Federal Reserve.The Agenda:–Paul Clement the GOAT–Prediction: Lisa Cook will stay–The conservatism of the Supreme Court and MAGA’s legal movement–Going “full Taft”–Tropic
Vampire Rules and The Satanic Temple
Sarah Isgur and David French explain the latest developments in Lisa Cook's case challenging her firing from the Federal Reserve’s Board of Governors and a challenge to Hawaii's "vampire rules" regarding concealed carry.
The Agenda:—Lisa Cook Federal Reserve case—Hawaii's "vampire rules"—Geofence warrants and Fourth Amendment—True Threats Doctrine—Commerce Clause and federal power—Satanic Templ
Must and May
Sarah Isgur and David French discuss lengthy, consolidated Supreme Court arguments from Idaho and West Virginia over state laws banning transgender athletes.
The Agenda:–Supreme Court appears likely to uphold transgender athlete bans–Court finds police properly entered man's home despite absense of warrant–SCOTUS allows challenge to mail-in ballots–Lindsay Halligan’s ‘gross abuse of power’?–Shoul
The Conservative Warren Court of Today
Harvard law professor Richard Re discusses the evolution of the Supreme Court from the Warren court to the present day, highlighting the historical context of the court's decisions, the role of swing justices, and the current dynamics of originalism and textualism in judicial interpretation.The Agenda:—What is the conservative Warren court?—Reversal in power dynamics—The swing justice era—The Robe
Supremacy Clause Immunity, Explained
Sarah Isgur and David French return for a bonus episode on the Minneapolis ICE shooting and explain the concept of Supremacy Clause immunity.
The Agenda:—Corrections from Thursday's episode—How to analyze police shootings—Federalism and the Supremacy Clause—Federal officer removal—Broader impacts of police violence—Bowe v. United States—Church autonomy and employment law
Advisory Opinions is
Prosecuting Foreign Leaders
David French and Sarah Isgur discuss the legal arguments underpinning the arrest of Nicolás Maduro and dive into a legal challenge to mandatory diversity and inclusion training.
The Agenda:—Can we and should we arrest foreign leaders?—Official acts and sovereignty—Military response vs. legal prosecution—How real is international law?—Legal argument for regime change—Trump v. United States—Compe
The Legality of U.S. Operations in Venezuela
David French is joined by David Lat to explore the legality of the Trump administration's arrest of Venezuelan President Nicolás Maduro and President Trump's recent loss at the Supreme Court over his mobilization of the National Guard.
The Agenda:—Can we arrest foreign leaders?—Compliance with international law—The arrest of Manuel Antonio Noriega—Presidential authority and war powers—Trump v.
Merry Christmas to the State Courts
Sarah Isgur sits down for a live recording at the U.S. Chamber of Commerce with Florida Supreme Court Chief Justice Carlos G. Muñiz, Texas Supreme Court Justice Evan A. Young, and District of Columbia Court of Appeals Judge Joshua Deahl to talk legal philosophy, the state of civil justice, and the challenges that appellate justices face in an ever-more-litigious United States.
The Agenda:—Why sta
The Right-Wing Shake-Up
Sarah Isgur and David French discuss the resignation of Josh Blackman, former senior editor of the Heritage Guide to the Constitution, and the the entire Meese Center leaving with John Malcolm to join former Vice President Mike Pence's organization at Advancing American Freedom.
The Agenda:—Heritage blows up—Thunder Basin factors and the latest interim docket order—Shadow Docket Sunlight Act—Need
Political Distortions
Sarah Isgur and David French discuss striking jurors on race, Constitution deep cuts on the domestic violence clause and bill of attainder clause, and abortion distortion.
The Agenda:—Transcript changes and the funniest Justice—Batson claims and cert grants—Trump v. Illinois and the domestic violence clause—Bill of attainder clause and abortion distortion—Ross Douthat's interesting interview over
Burkeanism and the Administrative State
As an early Christmas present for David French, Sarah Isgur invites professors Will Baude and Julian Davis Mortenson on the podcast to answer all questions about originalism. But first, should an IQ test determine whether someone will be sentenced to death?
The Agenda:—Listener emails—United States v. Ham—SCOTUS’ approach to executive power—Burkeanism and the administrative state—Debating the rem
The Illusion of Campaign Finance Reform
Sarah Isgur and David French kick things off by revisiting the Slaughter case and responding to an insightful access-to-justice question from a listener. Then they break down the Supreme Court’s latest GVR on school vaccine mandates before diving into two fresh oral arguments: Olivier v. City of Brandon and NRSC v. FEC.
Plus, a brief return of grifter Sarah.
The Agenda:—A correction to our lives
Slaughter at SCOTUS: Reaganite Ends by Roosevelt Means
Following the Supreme Court arguments in Slaughter v. United States, Sarah Isgur and David French join legal scholar Adam White to break down a session that became a referendum on whether Congress can insulate modern independent agencies from presidential control.
SCOTUSblog’s Amy Howe also joins from the steps of the Supreme Court to relay her observations from inside the courtroom.Watch the liv
All About Slaughter
Sarah Isgur and David French answer the masses’ demands in this pre-argument, foundational episode, diving into new levels of legal nerdery as they preview the oral arguments in the obscure administrative and constitutional law battle better known as Trump v. Slaughter.
The Agenda:—Creating the modern administrative state—Striking the class of bureaucrats—‘But this wolf comes as a wolf’—Taft take
‘Kill Everybody’
Sarah Isgur and David French break down Defense Secretary Pete Hegseth’s military orders on the suspected drug-trafficking boats in the Caribbean.
The Agenda:—Breaking down Hegseth’s orders—Catch our live AO episode next Monday!—Bloomberg law’s documentary—A.J.T. v. Osseo Area Schools, Independent School District—Frivolous lawsuits—Sidelining Alina Habba—President Trump’s last criminal case dismi
The Future of the Administrative State | Interview: Adam White
Sarah Isgur invites Adam White, co-director of the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State, to identify the major administrative law issues on the horizon in the next five to 10 years.
The Agenda:—The Roberts Court and the Trump Term—The legislative veto—Immigration and Naturalization Service v. Chadha—Decline of congressional power—Supreme Cour
Case Against Comey Dismissed
Sarah Isgur and David French provide an update on the Texas redistricting case and criminal charges against former FBI Director James Comey and New York Attorney General Letitia James, before moving on to recent grant, vacate, remand (GVR) orders.
The Agenda:—Grand jury indictment update—Texas redistricting—GVRs, confrontation clause, and party presentment—SCOTUS doesn't move to end birthright ci
The Dissent Heard Around the World
Sarah Isgur and David French react to Judge Jerry Smith's unconventional dissent in the legal challenge against the Texas GOP redistricting effort.
Also: James Comey may catch a break after U.S. Attorney Lindsey Halligan's presentation before the grand jury exposed amateurish errors.
The Agenda:—Sudafed as an enemy—Judge Jerry Smith's dissent—Redistricting challenges in Texas—Comey's case and g
Did Congress Stretch the Commerce Clause Too Far? | Interview: Jonathan Karl
What does a federal firearm prohibition and a hate crime have to do with the Commerce Clause? Sarah Isgur and David French look at the constitutionality of two cases and whether the Supreme Court will accept a challenge to the law.
Plus: Jonathan Karl, author of Retribution: Donald Trump and the Campaign That Changed America, joins the pod to discuss Donald Trump’s legal challenges during the 202
Everyone Needs to Stay in Their Lane
Sarah Isgur and David French do a deep dive into the nondelegation clause and the role of Congress in delegating authority.
The Agenda:—CLE credit now available in Texas for our tariffs livestream—Dave Portnoy and disturbing the peace charges—Nondelegation doctrine primer—The Case of Mr. Pheasant—What is structural constitutionalism?—Justice Gorsuch's legacy—Court to consider prison inmate’s reli
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