
Advisory Opinions
668 episodes — Page 4 of 14
Can Trump Deport Hamas-Supporting Students?
Between President Donald Trump’s executive order targeting Perkins Coie and interim D.C. U.S. Attorney Ed Martin sending letters to Georgetown Law, it has been quite the week for weaponized government. Sarah Isgur and David French dive into these two headliners, as well as a First Amendment debate involving green card holders. The Agenda: —More Sarah lore: Combative hula-hooping —Perkins Coie and President Trump's executive orders —FIRE's response to the Trump administration's threat to deport anti-Israel protesters —Eugene Volokh's fact sheet on aliens and speech —Another letter —‘We’re a Jesuit, school go to hell’ —Smith & Wesson v. Estados Unidos Mexicanos —Justice Amy Coney Barrett vs. MAGA —EPA and San Francisco's sewage waste —Richard Glossip avoids death row ... again 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, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
The $2 Billion Dollar Case
David Stras, appeals judge for the 8th Circuit, joins Sarah Isgur and David French at the University of Chicago Law School to discuss complexities of case selection in the Supreme Court, the quality and clarity of judicial opinions, and disagreements with Justice Clarence Thomas. The Agenda: —Recent SCOTUS cases —Supreme Court denies Trump request —SCOTUS kicks bias response teams —Judge Stras' background from Holocaust survivor grandparents —Decline in Supreme Court cases —Cert pool theory —Professionalization of justices has changed the landscape of the court —Post-Rahimi decision-making 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, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Rod Rosenstein and Robert Hur Talk Special Counsels
Sarah Isgur invites former Deputy Attorney General Rod Rosenstein and special counsel Robert Hur to discuss the significance of special counsels, including the appointment process involved and the public’s perception of their independence and accountability. The Agenda: —Historical context of special counsels —Evolution of special counsel regulations —The personal impact —Role of predication —Public confidence —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, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Origins: From Kings to Executives
David French is off doing David French things, so Sarah Isgur takes over the podcast and invites Judge Charles Eskridge of the Southern District of Texas and Judge Brantley Starr of the Northern District of Texas to discuss all things Texas—and the powers of the executive branch. The Agenda: —What’s exciting about Locke? —Here comes the Old Whig —King of England vs. the American president —Appeal to heaven —Second terms are bad news —The shallow state —Departmentalism and lawsuits Show Notes: —Origins Pt. 2 —Origins Pt. 4 —Origins Pt. 7 —Massachusetts Constitution —Previous AO episode with Judges Eskridge and Starr 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, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
The Hallway Interviews
Sarah Isgur and David French chased down a handful of authors over the weekend at the National Constitution Center for hallway interviews about life, liberty, and ... witches. The Agenda: —Jeff Rosen teaches us about happiness —Virtue vs. pleasure —Salem witch trials! —Nobody burns, they hang —What does it mean to be a lawyer? —Living beyond the billable hour 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, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Friends With DOJ Benefits
David Lat joins Sarah Isgur and David French to analyze what’s behind the Department of Justice’s motion to dismiss the case agains New York City Mayor Eric Adams. The Agenda: —Friends get benefits in the Trump admin —Attorneys operating under a dual sovereignty —How good of a narc can you be? —Listener questions! —How Rome falls —Retribution —Grading the judiciary Show Notes: —Will Chamberlain's tweet —Denise Cheung resigns —AO's emergency-ish episode on Sassoon 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, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Are Trump's Friends Above the Law?
In an emergency-ish episode, Sarah Isgur and David French go over the timeline of the Thursday Afternoon Massacre and its immediate fallout. What does the past week portend for President Donald Trump’s Department of Justice? The Agenda: —Danielle Sassoon’s letter and future —Worst possible way to do a not-insane thing —The state of the DOJ —Trump’s Napoleon tweet —How much power does Elon Musk actually have? Show Notes: -Nick Catoggio on Danielle Sassoon 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, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Lawless or Just Unwise?
Is President Donald Trump breaking the Justice Department or simply reshaping its priorities? As federal prosecutors resign, Sarah Isgur and David French debate whether we’re looking at another Saturday Night Massacre—and whether that’s how the justice system should work. The Agenda: —What is (and isn’t) lawless? —More on the independence on federal agencies —One magnificent speech away —Justice Brett Kavanaugh on fiduciary discretion —“F— cheerleading” 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, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Hiding in the Proverbial Attic
Sarah Isgur and David French steal away to sunny Stanford University to talk shop with law students and bask in a friendlier climate. The Agenda: —Casual antisemitism at Cooper Union? —How to handle disagreement at elite schools —Gender identifiers for government employees —Bad injunction takes —Rejecting the president’s understanding of the Constitution —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, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Can Churches Commit Fraud?
Sarah Isgur and David French discuss our two favorite topics: God and guns. Can you sue your church, and do young adults have the right to bear arms? ’Merica! The Agenda: —Corrections! On USAID comments. —It is still illegal to murder FBI agents —SCOTUS chooses to stay out of religious cases —You can't sue for your tithes —Young adults have a right to guns —Bruhimi —Civic vs. individual rights Show Notes: —Tess Bridgeman's article on firings —Hosanna-Tabor case —Jack Goldsmith and Bob Bauer's article on the power of the executive 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
You’re Fired
Sarah Isgur and David French are joined by Erin Hawley, senior counsel to the appellate team at the Alliance Defending Freedom, to discuss the latest, er, kerfuffle that sent federal employees scrambling. Who is in control of executive agencies? The Agenda: —Tariffs, funding freeze, and firings —Congress has the power to collect —Trump’s workaround —Barrett vs. Gorsuchian doctrines —Elon Musk’s power grab —Where does the fire-at-will power end for the president? —The Founders say we’re all untrustworthy Show Notes: —Justice Brett Kavanaugh’s 2013 D.C. Circuit decision —Humphrey’s Excecutor 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
The Great and Powerful President
With Donald Trump’s second term in full swing, Harvard Law Professor Jack Goldsmith joins Sarah Isgur and David French to discuss the unitary executive theory. Also: We need to discuss law reviews. The Agenda: —Unitary executive theory —President Trump’s sledgehammer —Congressional oversight no more? —The Take Care clause —Interstate tariff prohibitions —Student-led law reviews: good or bad? —Expert explains cowrie shells Show Notes: —Trump v. United States —South Dakota v. Wayfair —Professor Eric Rakowski's profile —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
Officer-Created Danger
Sarah Isgur and David French discuss a case before the Supreme Court that challenges the Moment of Threat Doctrine. They predict concurrences all the way down. The Agenda: —Are police reasonable in high-stress situations? —The youngins’ are advocating —Dicta and slut puppies —OPM, Oh No —Justice Jackson’s fashion choices 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
Trump's Executive Orders
Sarah Isgur and David French discuss the encroaching powers of the executive branch and what it means for the balance of government. The Agenda: —Teaching sex in elementary school —It really is those darn phones! —WTF David —Trump takes office —DOGE violating FACA —Trump's executive orders —Vivek’s out of DOGE —Biden pardons criminals, some really not good ones —What is the American dream? Show Notes: —United States v. Wong Kim Ark 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
Law Schools vs. Conservative Scholars
David French makes his long-awaited return to Catholic University of America after thatincident for a live Advisory Opinions taping with Sarah Isgur and two special guests: Joel Alicea, director of the Center for the Constitution and the Catholic Intellectual Tradition, and Trevor McFadden, a district court judge for the U.S. District Court for D.C. The Agenda: —A Jewish joke then a Catholic joke ... —Constitutional law is now mandatory? —Breaking down the originalist court —Learning corpus linguistics —Law school incentives and Top 14 schools —Satan v. United States? David? —Can anyone explain transactional law? —Q&A Learn more about your ad choices. Visit megaphone.fm/adchoices
TikTok Decision Emergency Pod
David French and Sarah Isgur come at you on this Friday evening to enumerate the absurdities of the TikTok ban-or-sale discourse following the Supreme Court’s decision to uphold the law, a plangent (and perhaps futile) homage to Congress actually doing its job. Plus: Biden “ratifies” the Equal Rights Amendment and Sarah loses it. 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
On Porn and Paxton
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
Trump Sentencing at the Supreme Court: Live at GWU
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
What's Next for TikTok?
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
The Anti-Episode
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
Are PysOps Free Speech?
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
Origins of the Federal Constitution
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
Tick Tock, TikTok,
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
Southern Squabbles
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
Shooting Down the Spirit of Aloha
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
Can Tennessee Ban Transgender Care for Minors?
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
What's an Invasion?
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
Pardoning Hunter
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
DOGE v. The Administrative State
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
In Dicta We Trust
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
The Trump Picks ... So Far | Roundtable
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
Live From The Dispatch Summit: Judge James Ho
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
Give Me Back That Ring, Cupcake
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
The Law Under Trump
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
God and Guns, Once Again
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
The Purge
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
Packing the Federal Courts
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
Is Elon Musk's Million Dollar Raffle Legal?
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
Will This Be a Legal Disaster?
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
Bush v. Gore, Explained
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
Gun Salad Kits (Live at Columbia University)
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
Israel's Legal Responsibilities in War (Live at Duke University)
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
Supreme Court Showdowns and October Surprises
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
The Supreme Court Is Legitimate, Actually
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
Indicting Eric Adams
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
Missouri Executes Marcellus Williams
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
The Legality of Israel’s Beeper Attack
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
Princeton Couldn’t Handle Us
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
Did a Justice Leak to the New York Times?
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
Revisiting 3-3-3
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