Advisory Opinions

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

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 Department–You should go to law school Show Notes:–John Ashcroft’s performance Order Sarah’s book here. 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 The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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–Interview with Judge Rebecca TaiblesonOrder Sarah’s book here.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 The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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–Defender General: A New Office for Federal Public Defenders–Black Robe Syndrome–What If? Supreme Court alternative universes Show Notes:–"The Defender General" by Daniel Epps and William Ortman 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 The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 book here. Show Notes:–The Postmodern Jurisprudence of Lawrence VanDyke 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 The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 $2,000 debt–Appellate moments: Lisa Blatt and more Order Sarah’s book here. 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 The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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?–Conservative Legal Movement & Substantive Due Process–Reconciling Dobbs, Retti, and Mirabelli–The Emergency/Interim Docket Debate Show Notes:–The emergency docket’s critics have it backwards 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 The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 debateShow Notes:–United States v. Hemani, Animated Explainer | SCOTUSblog + Briefly 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 The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 States v. Hemani, Animated Explainer | SCOTUSblog + Briefly–War and Peace Cannot Be Left to One Man — Especially Not This Man 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 The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 Gorsuch and Kavanaugh—NRA v. Vullo and qualified immunity—Q&A from Florida State University Show Notes:—Postal Service v. Konan—The GEO Group, Inc. v. Menocal 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 The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 and Kavanaugh’s track record–Special deference in foreign policy context–Balance of payments vs. trade deficits–Should justices attend Trump’s State of the Union address after his attacks? Show Notes:–Emergency AO following Tariffs decision–Fifth Circuit 10 Commandments Case–The Insignificance of Judicial Opinions 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 The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 the audience! Show Notes:–The Plan for a Radically Different Supreme Court Is Here–In a First, Court Finds Using AI Tools Ends Attorney-Client Privilege Pre-order Sarah’s book: Last Branch Standing: A Potentially Surprising, Occasionally Witty Journey Inside Today's Supreme Court 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 The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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–Congrats to the AO newlyweds!–Listener questions–The polls are all over the place for the Texas Senate primaries 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 The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 [email protected]. 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 immigration issue via Fifth Circuit–James Comey and Jack Goldsmith defend the courts Show Notes–February 1, 2026—On the Rule of Law - James Comey–Fifth Circuit Sides With Trump on Immigrant Detention Law 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 The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 and apply at this link, or send a cover letter and resume to [email protected]. Show Notes:–I wrote a book in support of nationalizing elections. Trump changed my mind. 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 The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 Justice Kagan for free tampons—Legal societies: students vs. professors—Fringe theories and Unitary Executive Power—Trigger words for David French: "coequal branches of government"—Laws of war and Greenland—Process girl in an outcome world—Audience questions Learn more about your ad choices. Visit megaphone.fm/adchoices

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 Maryland?–Advice for aspiring lawyers 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 The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 listener’s question Show Notes:–Supremacy Clause Immunity, Explained 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 The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 Thunder detour, for some reason–Gun and property rights in Hawaii–When to Martinize someone-Don Lemon’s Theology of the Protest–It’s not “Letter from a Birmingham Starbucks”–The best fan mail we’ve ever received 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 The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 Temple and abortion rights 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 The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—⁠click here⁠. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member ⁠by clicking here⁠. Learn more about your ad choices. Visit megaphone.fm/adchoices

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’?–Should judges pack heat?–Sarah Isgur’s fire tweet Show Notes:–Trump Is 'Chest-Beating' Over a Retreat 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 The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 Roberts court has the lowest rate of overturning precedents—Common good constitutionalism reflects a generational pivot in legal thought—Textualism is now seen as the generally accepted mode of interpretation—Deference’s varied meaningsShow Notes:—Richard Re: To a Conservative Warren Court—Oral argument live blog for Tuesday, January 13—Justices Alito and Thomas dissent in the Parents Protecting Our Children case—Did Justice Kagan debilitate the administrative state?—Not Enough Respect for the Judiciary—Or Too Much?—Supreme Court Increasingly Favors the Rich, Economists Say—Does the Supreme Court Favor the Rich?—Has the Supreme Court Helped Save Democracy? 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 The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 a production of ⁠⁠The Dispatch⁠⁠, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—⁠⁠click here⁠⁠. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member ⁠⁠by clicking here⁠⁠. Learn more about your ad choices. Visit megaphone.fm/adchoices

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—Compelled speech in mandatory training—Qualified immunity Show Notes:—Jack Goldsmith on Venezuela—Steve Vladeck on Venezuela—Trump v. Illinois—David Lat's top 10 stories of 2025 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 The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—⁠click here⁠. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member ⁠by clicking here⁠. Learn more about your ad choices. Visit megaphone.fm/adchoices