Advisory Opinions

Is limiting access to porn a free speech violation? Sarah Isgur and David French discuss that question following oral arguments in Free Speech Coalition, Inc. v. Paxton. The Agenda: —Best argument of the term —Does context protect a lie? —Burden of proof in age verification laws —Project Veritas and press freedom —Breaking down the Laken Riley Act 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah Isgur and David French record live at George Washington University covering the Alito-Trump phone call and new challenges to explicit content age-verification laws. The Agenda: —Justice Alito's phone call with Trump —False statements case —Challenges to Texas' age-verification law —Constitutionality of ID laws —Title IX and Chevron —Questions from GWU students 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In a special emergency recording, Sarah Isgur and David French react to today’s oral argument in TikTok v. Garland. The Agenda: —Tiers of scrutiny —What is TikTok? —Content creators’ First Amendment rights —The data sharing argument —Can SCOTUS punt to Trump? —Cases of the new Cold War Show Notes: —How TikTok Reads Your 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Today’s podcast is all about the antis: anti-SLAPP, anti-masking, anti-indoctrination, anti-retaliation, and anti-corruption. But before all that, Sarah Isgur and David French kick things off with the latest news on President Donald Trump’s sentencing in his New York criminal trial. The Agenda: —Does Donald Trump have citizen-plus status? —David is somewhat of a SLAPP expert —Does Arkansas care for LEARNS? —Is face-masking protected? —Free Speech timeline —Campaign finance changes in Oxnard —Cyberbullying, harrassment, and student council drama Join us for a live taping of Advisory Opinions! Sarah Isgur and David French will be speaking in front of live audiences on Monday, January 13, 2024. You have two chances to catch them if you live in the DMV area. Details below: Catholic University of America CUA Columbus School of Law 3600 John McCormack Road NE Washington, D.C. 20017 Room 205, main floor 12:30 P.M. ET George Washington University 2000 H Street, NW Washington, D.C. 20052 Burns Moot Court Room 3:15 P.M. ET 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah Isgur and David French discuss the anticipated TikTok oral argument taking place this Friday. Are we in content-neutral law land or are we veering off into strict-scrutiny world? And yes, there will be an emergency episode following the argument. The Agenda: —TikTok's pro-China algorithm —Mitch says no to TikTok —Donald Trump, FARA, and the First Amendment —Justice Roberts' Year-End Report —Sixth Circuit strikes down net neutrality —Goodbye, Fani —It's impropriety —Morgan Wallen can keep his name —David nerds out 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Have you done your assigned reading? Because Sarah Isgur and David French are joined by Judges Charles Eskridge and Brantley Starr to take us to law school. Specifically, a class on the origins of the federal constitution. The Agenda: —Why it matters —The Founders’ Constitution —The Magna Carta and English Bill of Rights —The origins of “rights” —Positive vs. negative rights —The legacy of “witch hunts” —The anti-federalists —The argument against a Bill of Rights —Civic engagement Show Notes (assigned reading): —Origins Part 1 —Origins Part 2 —Origins Part 7 Learn more about your ad choices. Visit megaphone.fm/adchoices

The Agenda: —Christmas is canceled for the legal teams working on the TikTok case —Why in the world did Yashar Ali get the Federalist Society leak? —Justice Jackson and 'Juliet' drama —ERA DOA —It's an ethics violation to question the ethics of a Supreme Court Justice Show Notes (assigned reading for next episode): —Origins Part 1 —Origins Part 2 —Origins Part 7 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Everything’s bigger in Texas, including court disagreements. Sarah Isgur and David French discuss Fifth Circuit drama with an eye toward a Ken Paxton lawsuit. The Agenda: —Taxes, the First Amendment, and Catholics —SCOTUS takes a gamble with seating —Ken Paxton's abortion lawsuit —Diversity quotas and the SEC —En banc-ers —Donny gets $15 million —Senior status … sike! —Bring back booze anniversary 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

This jam-packed episode features Sarah Isgur and David French dissecting the latest Supreme Court opinions, judicial retirement rumors, and the evolving era of marijuana banking. Plus: Did we push David to his limits? The Agenda: —Retirement rumors —Revoking visas and sham marriages —Parental rights in schools —The spirit of Aloha stands —Dismissing Nvidia —Marijuana banking —Corrections! Two of them! —U.S. v. Approximately Two Dogs —Motion to determine lunch spot 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David are joined by Tennessee Attorney General Jonathan Skrmetti to break down United States v. Skrmetti and what it might mean for the future of gender-transition treatment for minors. The Agenda: —How Skrmetti became an AG —United States v. Skrmetti —The Cass Review —The Gorsuch silence —The Equal Protection Clause’s scope —TikTok ban —The flagship debate Show Notes: —Vanderbilt professor’s amicus brief Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David break down the recent case before the Supreme Court regarding flavored vapes before finally getting to that “invasion”question and what it means for birthright citizenship. The Agenda: —“Government gangsters” —Pardon of Hunter Biden —Hunter is “rewriting history” —Narcing on your youth pastor —FDA vs. flavored vapes —Invasion at the southern border? —Birthright citizenship Show Notes: —Fifth Circuit on the FCC 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah Isgur and David French discuss President Joe Biden’s decision to pardon his son Hunter, dive into President-elect Donald Trump’s plan to appoint Kash Patel to lead the FBI, and explore whether there’s a meaningful difference between anti-Zionism and antisemitism. The Agenda: —Friend of the ’cast —Biden pardons Hunter —Amend the Constitution! —Joe Biden ain’t nice —What to do about Chris Wray —Sarah is George Will —Is Kash Patel insignificant? —Next topic, Jews! —SCOTUS in favor of vaping —Heroic woman, sad dog, and a Gorsuch-Sotomayor match Show Notes: —Jonathan Chait on Biden pardon —Republicans pounce! —Sarah Isgur on 'This Week' 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Can Elon Musk colonize Mars? Or, even more challenging, can he take down the administrative state? Sarah and David take a look at his roadmap for the Department of Government Efficiency (DOGE) and debate the likelihood of regulatory reform. The Agenda: —Legal questions for the Trump 2.0 administration —Will DOGE work? —Unitary executive magic wands —Honoring James Garfield’s memory —Challenging birthright citizenship —Stepchild of the First Amendment: Commercial speech —Marihuana case —Gravity is the weakest force 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David respond to off-the-wall comments and the controversy surrounding Matt Gaetz’s appointment, insights from the Federalist Society convention, and the dynamics of Supreme Court nominations. The Agenda: —Can we all chill? —Likely Trump picks for SCOTUS vacancies —Reverse engineering use of force —There are only two genders? —Sorry, no 10 Commandments in schools —CEQ lacks statutory authority (this is a big deal) —Austin school district gets sued Learn more about Burford Capital here: burfordcapital.com/AO 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In a special emergency Advisory Opinions/Dispatch Podcast crossover, Sarah, David, and Steve react to Donald Trump’s Cabinet picks so far, break down the constitutionality of recess appointments, and Sarah offers a ... controversial take on the Matt Gaetz pick. The Agenda: —Tale of two Januaries —The Gaetz report —Recess appointments —Justice Scalia on recess appointments —Sarah’s defense of Gaetz Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah sat down with Judge James C. Ho at The Dispatch Summit on November 12 for an in-depth conversation about key legal issues, including the legitimacy of the courts, judicial ethics, and the principles of birthright citizenship. The Agenda: —Cancel culture —Originalism —Elephants in Mouseholes —Court legitimacy —Judicial filibusters —Ethics of gifts —Birthright citizenship —First Amendment —Good judicial qualities Show Notes: —Judge Ho’s letter on cancel culture —Essay No. 1 (1787) —Professor Fitzpatrick's reflection on reversals —Justice Alito’s flags —Defining "American" 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David kick off the podcast with a discussion on the Vacancies Reform Act and its role in the next administration before turning to gender politics and a case related to a broken engagement. The Agenda: —Tennessee transgender rights case set for December —Rules of engagement —Defaming Project Veritas —First Amendment case on gender pronouns 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Following this week’s election, Sarah and David explain what will happen next with the criminal cases against Donald Trump and review potential Supreme Court shortlisters. The Agenda: —Criminal cases against Trump —Civil cases against Trump —Supreme Court nominations —Who will retire? —“Now let him enforce it” —How will the left respond? 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David kick off the podcast with (boring?) questions the Supreme Court will seek to answer this term before turning to two very American cases about education, religious schools, and guns. The Agenda: —Last week's AO episode —David Lat, we do this podcast with joy —Questions before SCOTUS —Loffman v. California Department of Education —Hanson v. District of Columbia 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Today’s all about election law. That’s it. Get ready. Pennsylvania, Virginia, Nevada, Michigan, and Mississippi. The Agenda: —We can’t fix stupid, but we can give it a court date —Submit your best lawyer jokes —Subpoena-colada! —Apostrophe-gate —Did the Pennsylvania Supreme Court get it wrong? —Virginia purging voter rolls —RFK Jr. on Michigan ballot —Nevada Supreme Court and postmarks —History of absentee ballots —The Washington Post fiasco —January 6 cases Show Notes: —Supreme Court on purging voter rolls —Caperton v. Massey —Jeff Bezos’ letter 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David discuss the battle over the federal courts and how the upcoming presidential election might affect the circuits’ makeup. The Agenda: —Two visions of the federal courts —The growing conservative legal movement — A SCOTUS justice's Oxford thesis from 1983 —Mapp v. Ohio —Utah v. Strieff —Are petitions to recall public officials unconstitutional? Show Notes: —George W. Bush's first inaugural address 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David discuss the latest voting trends and break down recent cases related to election law. They overview the legal nuances and explore the implications of potential rulings for the upcoming election. The Agenda: —Anti-absentee voting? —The legality of Elon Musk’s “raffle” —Virginia lawsuit —Texas death penalty case —Electoral College and slavery —Filibuster impact 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David preview how the 2024 election might play out in the courts. But first, the two revisit their conversation with Leon Neyfakh. The Agenda: —Electoral Count Reform Act —Guardrails to prevent partisan manipulation —Ballot harvesting —File them lawsuits! —History of the Electoral College —Increasing the size of the House —David: I Don’t Want to Live in a Monoculture Show Notes: —Report on University of Michigan DEI programs 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David are joined by Leon Neyfakh—host of Fiasco podcast and co-creator of Slow Burn—to explain what really happened in December of 2000 when the Supreme Court halted the Florida recount. The Agenda: —Butterfly ballots —Dimpled, hanging, and pregnant chads —Independent state legislature theory —Who would’ve won anyway? —Elián González —The Brooks Brothers riot —Was Bush v. Gore cynical? —Two First Amendment updates Show Notes: —Fiasco on Bush v. Gore —A Statistical Assessment of Buchanan’s Vote in Palm Beach County —Bush v. Gore oral arguments —Bush v. Palm Beach County Canvassing Bd. 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David break down two cases from the Supreme Court's recent oral arguments and take questions from Columbia Law students. The Agenda: —Can the ATF regulate gun kits? —Is a salad kit a salad? —Death penalty case in Oklahoma —Bad writing from the Oklahoma Supreme Court —Racist Penn professor —Audience Q&A 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Judge Roy Altman joins Sarah and David at Duke University School of Law. Note: The opinions expressed on this podcast do not represent Duke (who would have thought that anyways?). The trio discuss Altman’s trip to Israel and legal troubles the country has in defending itself. The Agenda: —The intersection of law and military operations —Proportionality as legal principle in armed conflict —How Hamas’ tactics complicate the legal landscape of military operations —Tire chalking! And Fourth Amendment issues —Don’t erase David's identity, SarahShow notes: —Judge Roy Altman’s first appearance on AO —NYU Law Review article on tire chalking —Advisory Opinions live at UNC 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Live from UNC (we can say that, right? We’re allowed here?), Sarah and David discuss the latest round of Supreme Court cert grants and the case they’re most looking forward to hearing. Oh, and Donald Trump’s immunity comes up. Again. The Agenda: —A Texas nuclear case —DNA test before death row —Mexico sues gun manufacturers —Did a woman lose out on jobs because she's straight? —Needless deadly force? —Elie Honig on Jack Smith's October surprise —David feels bad for eating octopi 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Kannon Shanmugam, head of Paul-Weiss' Supreme Court practice and friend of the pod, gave a speech recently pushing back against critics who question the judiciary's legitimacy. He joins Sarah and David to discuss the importance of trust in institutions to the rule of law. The full speech follows. The Agenda: —Questioning legitimacy is a team sport —Kanon's speech: revering the court —Good faith ... but wrong —Court packing cycle and term limits —Disagreement galore! (Could it all just be outcome bitterness?) —The criticism isn't just meritless—it's dangerous 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David highlight four cases from the Supreme Court's 2023-2024 October term and a 5th Circuit case uncovering librarians’ motivations. The Agenda: —Gender affirming care ban: parents’ rights or police state power? —Free Speech Coalition v. Paxton —Psychiatric care and the death penalty —Why do we have a Utah ad? —MUSTE standards —Mayor Eric Adams and gross stuff 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David look over the case of Marcellus Williams, whom the state of Missouri executed on Tuesday after he was sentenced to death for the 1998 murder of Felicia Gayle.The Agenda: —Controversial speakers galore —Marcellus Williams case: justice or murder? —A cop and a prosecutor walk into a bar … or rather, this AO episode —Should you join FedSoc? Why are we even asking this question?Show Notes: —World Prison Population List 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Notre Dame law professor Sherif Girgis joins Sarah and David to discuss his latest law review article, “Originalism’s Age of Ironies.” But first, the two respond to Rep. Alexandria Ocasio-Cortez’s confusion over international law. The Agenda: —AOC’s questions regarding Israel —What is liquidation? —Living constitutionalism lacks a clear defense in modern discourse. —The role of judges in interpreting law —Asking AI Justices Gorsuch and Kavanaugh questions —Princeton requests corrections 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David sparked controversy with their recent speaking event near Princeton University’s campus. The two decide to quell culture war squabbles by discussing ‘Maverick’ Trump-appointed judges. The Agenda: —Sarah and David's Princeton appearance —Intellectual energy on the legal right —Egregious due process decisions —Banning conversion therapy —Should “WAP” by Megan Thee Stallion expel a pharmacy student? 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David go to Princeton, where they grapple with the attempt of elite universities to remain politically neutral. (Hahaha.) And is there another Supreme Court leak? Really? Also: Where are we on the supposed TikTok ban? The Agenda: —Institutional opinions —TikTok ban at the D.C. circuit —New York Times: How Roberts Shaped Trump’s Supreme Court Winning Streak —The use of AI in law —What’s next for TikTok? —New Title IX regulations —Supreme Court reforms 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Adam Feldman of Empirical SCOTUSand Optimized Legal Consulting joins Sarah and David to discuss the concept of a 3-3-3 Supreme Court and the challenges of measuring ideology. The Agenda: —The role of Chief Justice John Roberts —Similarities and differences between political and judicial conservatism —The jurisprudence of Justice Amy Comey Barrett —The prevalence of unanimous decisions Show Notes: —Adam Liptak's writeup in the New York Times —Feldman’s 2023 stat review 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David discuss the recent school shooting in Georgia, which is raising questions about parental responsibility and the limits of legal liability. The Agenda: —Georgia school shooting —6th Circuit punts campaign finance question to Supreme Court —Body cam footage hasn't done everything we wanted it to —Debating the scope of the Second Amendment Show Notes: —Buckley v. Valeo —McConnell v. FEC —Cruz v. FEC 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah details life under a wicked curse and David defends his position in The Dispatch's fantasy football league. Oh, and today's legal theme for the podcast is the First Amendment. The Agenda: —Role of public defenders —Criminal justice reform —Horrific TikTok algorithms and Section 230 —Gray areas of Section 230 —The back and forth with Sarah Palin's defamation case —Should the dues from the Oregon Bar Association go toward anti-Trump op-eds? Show Notes: —Last Tuesday's Advisory Opinions episode 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David break down the latest update in Jack Smith’s January 6 case against Donald Trump before speaking with Yuval Levin about his book, American Covenant: How the Constitution Unified Our Nation―and Could Again. The Agenda: —Jack Smith’s superseding indictment —Not thinking alike but acting together —Federalist No. 10 —Underestimating how unified we are —Proceduralism is not amoral —Restringing narrow majorities —Congress, do your job —The federalism solution —Supreme Court reforms —Reforming Article I 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David catch up on the latest case in Second Amendment jurisprudence before talking with Matt Martens about his new book, Reforming Criminal Justice: A Christian Proposal. \The Agenda: —Matt’s faith —The prosecutor-to-defense-attorney pipeline —The plea bargaining system —The issues with eye-witness testimony —Brady violations —Should prosecutors have absolute immunity? —Racial discrimination in the justice system —Defending people we don’t like Show Notes: —United States v. Williams 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

David Lat joins Sarah and David to break down recent Supreme Court trends and discuss Lat’s legal fiction novel, Supreme Ambitions. The Agenda: —Is the shadow docket problem solved? —Supreme Court approval rating —Stabilizing the Supreme Court —Lat’s pick for most interesting justice —Who will win the text, history, and tradition fight? —Advice for law students —Lat’s book, Supreme Ambitions —Stranger than legal fiction —Male authors writing female protagonists —Lat’s favorite legal writing —The return of crime procedurals Show Notes: —Shadow docket on Biden Title IX regulations —Advisory Opinions on Presumed Innocent 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Writing with quill pens, quartering Secret Service agents, and shooting 18th-century guns. A.J. Jacobs joins Sarah and David to discuss his book, It's All Relative: Adventures Up and Down the World's Family, and his experience living by the Constitution. But first, this podcast can’t escape a little bit of legal news, including a shocking decision by the Supreme Court.The Agenda: —SCOTUS blocks Biden’s Title IX Rule —Focusing on culture war, not politics —“Curtilage” and a 9th Circuit ruling —Living by the Bible and then the Constitution —Stoning adulterers —Exploring the powers of private citizens —Criteria for quartering soldiers —How elastic should the words of the Constitution be? 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Former White House counsel Bob Bauer joins Sarah Isgur and David French to talk about his new book, The Unraveling: Reflections on Politics Without Ethics and Democracy in Crisis. They also discuss the role of a presidential attorney, whether Special Counsel Robert Hur crossed a line by reporting on President Joe Biden's cognitive decline, and what it was like to prep the president for his fateful debate. The Agenda: —The impact of undergraduate majors on job prospects after law school —Geofencing raising Fourth Amendment concerns —Do universities have legal obligations to protect students from discrimination, including religious discrimination? —The unraveling of democratic norms and institutions —The role of the Supreme Court in democracy —Should we have term limits? —Examining sue and settle policies and third-party settlements —The role of the leader class and the American people —Advice for aspiring political lawyers —Working with the Biden campaign —Bob Bauer on Face the Nation and Robert Hur criticism 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this three-guest special episode (wait, does David count as one? Are we still doing that?), Noah Phillips, former Federal Trade Commission commissioner and co-chair of the antitrust practice at Cravath, joins Sarah and David to discuss the reality of antitrust law. Then, John Inazu, the Sally D. Danforth Distinguished Professor of Law and Religion at Washington University in St. Louis, joins to discuss his book Learning to Disagree: The Surprising Path to Navigating Differences with Empathy and Respect. The Agenda: —The religious discrimination case against Dave Ramsey —Texas can keep floating barrier to defend border —6th Circuit rejects challenges to school pronoun policy —Judge dismisses antisemitism lawsuit against MIT, Harvard's can move ahead —Minority coalitions “do not comport” with Section Two of the Voting Rights Act, federal appeals court rules —Antitrust’s loooooong history —Size and power of Big Tech companies —Learning how to disagree —Mental health as a priority in student culture —Artificial intelligence in education Show Notes: —Noah Phillips’ appearance on The Remnant 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Our August-themed legal book discussion is postponed for one episode, but don’t fret: There’s more than enough legal news to fill a show, thanks to gun rights and antitrust cases. The Agenda: —Maryland’s assault weapons ban is constitutional —Text, history, and tradition as … rational basis review? Or something. —Original jurisdiction and Missouri’s attempt to put forth a stupid case —Is Google the best search engine? —Boycotts vs. price fixing Show Notes: —Learning to Disagree by John Inazu 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David kick off the Advisory Opinions August book series and invite Professor Keith Whittington on the pod to discuss his new book You Can't Teach That!: The Battle over University Classrooms. But first the two dig into David’s conversation with Justice Neil Gorsuch. The Agenda: —Justice Gorsuch: Go to law school. —Defining originalism —The Supreme Court children’s book —The history of academic freedom —The government speech doctrine —Balancing academic freedom with job responsibilities —Private vs. public universities —The constitutionality of the Stop WOKE Act Show Notes: —Justice Gorsuch’s Over Ruled: The Human Toll of Too Much 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Justice Kagan makes remarks to the 9th Circuit and President Biden proposes SCOTUS reforms. The usual slow-moving summer legal news drag is disrupted by a number interesting cases and eye-raising comments. On the docket: —To stand or not to stand at a desk —Justice Kagan says Supreme Court reforms are "fair" —The Supreme Court’s caseload —Are justices friendly? —President Biden’s proposed reforms —Leonard Leo says "Dems are destroying a court they don't agree with" —Removing Chevron deference —Title IX cases launch across the U.S. —Taxes on our phone bills —PETA wins one for the gatos —Boneless chicken wings: dangerous or harmless wordplay? Show Notes: —Man makes a passionate speech on boneless chicken wings 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David welcome special guest Anthony Sanders, director of the Center for Judicial Engagement at the Institute for Justice, to eviscerate Justice Oliver Wendell Holmes Jr. Plus: David’s rant on Presumed Innocent. The Agenda: —Judicial engagement —Social Darwinism and “putting to death the inadequate” —Progressive forgiveness for progressives —First Amendment —Civil rights and judicial abdications —Holmes’ defense of sterilization —The difference between judicial progressives, liberals, and libertarians —Spoiler alerts for Presumed Innocent Show Notes: —Kelo v. New London —Institute of Justice’s Bound by Oath podcast series —Oliver Wendell Holmes’ The Common Law —Moore v. Dempsey —Buck v. Bell —Albert Alschuler’s Law Without Values —Giles v. Harris —Bailey v. Alabama —Buchanan v. Warley —Skinner v. Oklahoma —Lochner v. New York —Minersville School District v. Gobitis 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David are joined by Notre Dame law professor Derek Muller, who teaches “Presidential Nominations in a Time of Uncertainty,” to discuss the legality of swapping out (presumptive) party nominees, the potential consequences of doing so, and the complexity of state election laws at-large. The Agenda: —Can Kamala Harris inherit Joe Biden’s PAC money? —Will Republicans successfully keep Kamala off the ballot? —What’s up with Ohio? —Could Donald Trump replace J.D. Vance? —What does “natural-born citizen” mean? —Should political parties be state associations for primaries? —Should faithless electors be bound? —Campaign finance: restrictions, or no restrictions? Show Notes: —LaRouche v. FEC —Charles Spies’ “Biden Has 100 Million Reasons to Stay In” —Chiafolo et al. v. Washington 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David answer listener emails, covering everything from judicial federalism, to the Supreme Court’s upcoming tech term, to potential SCOTUS reforms. The Agenda: —Constitutionality of the special counsel —The Nixon precedent —Independent judgment of lower courts —Predictability and the rule of law —The Texas pornography case: children’s rights or adult’s rights? —Injunctions as extraordinary relief —Biden’s proposed SCOTUS reforms —The grossness of ethics violations Show Notes: —Atul Gawande’s The Checklist Manifesto —United States v. Nixon —Advisory Opinions episode on NetChoice v. Moody —Texas’ H.B. 1181 —Ginsberg v. New York —The “Angry Cheerleader” case —Judge Bibas’ Third Circuit opinion on assault weapons —Federalist Papers No. 83 —The Dispatch’s Project 2025 Fact-Check —Presumed Innocent Learn more about your ad choices. Visit megaphone.fm/adchoices

Judge Aileen Cannon dismissed on Monday the charges brought by special counsel Jack Smith against former President Donald Trump for mishandling classified documents. So, um, what just happened? Sarah Isgur and special guest David French discuss. The Agenda: -Why Judge Cannon thinks Jack Smith's position is illegal. -Rating the decision, from solid law to bonkerstown. -What will the DOJ do now? -Trump's Law of Felicitous Circumstances. -When will Adaam finally let the Grizzlies into his heart? Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah, Steve, Jonah, and David French discuss the assassination attempt against former President Donald Trump during a Pennsylvania rally over the weekend. Learn more about your ad choices. Visit megaphone.fm/adchoices