Advisory Opinions

Latest Episodes:

Everyone Needs to Stay in Their Lane Nov 13, 2025

Show notes

Sarah Isgur and David French do a deep dive into the nondelegation clause and the role of Congress in delegating authority.

The Agenda:
—CLE credit now available in Texas for our tariffs livestream
—Dave Portnoy and disturbing the peace charges
—Nondelegation doctrine primer
—The Case of Mr. Pheasant
—What is structural constitutionalism?
—Justice Gorsuch's legacy
—Court to consider prison inmate’s religious liberty claims
—Legal scenarios around service member participation in strikes outside Venezuela

We’re running a listener survey, which you can find at ⁠thedispatch.typeform.com/podcast⁠.

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.

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The Federalist Society Takes a Stand Nov 11, 2025

Show notes

Sarah Isgur and David Frenchrecap the Federalist Society's antisemitism panel at last week's National Lawyers Conference before interviewing Judge Jennifer Elrod about the judicial funding crisis.

The Agenda:
—Court denies review on Obergefell
—Contrasts between Tucker Carlson and the Federalist Society
—Supreme Court sides with Trump administration on sex designations on passports
—The president issued pardons for Rudy Giuliani, John Eastman, et al.
—Ohio school pronoun policy likely violates First Amendment
—A federal judge retires
—A shutdown going on since July

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Supreme Court Hears Oral Argument in Trump’s Tariff Case Nov 05, 2025

Show notes

Following the Supreme Court oral arguments in President Donald Trump’s tariff case, Learning Resources Inc. v. Trump, Sarah Isgur is joined by David French, David Lat, and Latham & Watkins LLP partner Roman Martinez to explain where the legal battle will go from here.

SCOTUSblog’s Amy Howe also joins from the steps of the Supreme Court to relay her observations from inside the courtroom.

Watch the livestream 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.

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Trump’s Tariff Showdown Nov 04, 2025

Show notes

Sarah Isgur and David French preview the biggest Supreme Court case of the term, Learning Resources, Inc. v. Trump, which challenges President Donald Trump’s power to impose sweeping tariffs on virtually all goods imported into the United States.

For additional analysis, join the SCOTUSbloglive blog on November 5 at 10:00 a.m. ET.

The Agenda:
—How to get CLE credit by listening to Advisory Opinions
—Laying the groundwork for Trump's tariffs case
—Divided liberal justices
—National Guard deployment to Chicago on the interim docket
—Sex markers on passports
—Justices aren't policy experts

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All About Substantive Due Process Oct 30, 2025

Show notes

Sarah Isgur and David French walk listeners through the entire history of the Constitution, the Supreme Court, some of the biggest cases ... all prompted by one listener question. Plus: Grifter Sarah makes a reappearance.

The Agenda:
—Understanding substantive due process
—Supreme Court to consider whether to hear challenge to same-sex marriage on November 7
—Dred Scott v. Sandford being the worst decision ever
—Scaring our libertarian friends with Slaughter-House cases
—The dissent everyone knows was right
—Liberty to brutally oppress your workers
—‘Grown-ass men’ and their group chats
—The Based Ritual

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Firing Squad vs. Suffocation Oct 28, 2025

Show notes

Sarah Isgur and David French discuss the Eighth Amendment in light of a prisoner’s request to die by firing squad.

But first, join us for a livestream analysis of Learning Resources, Inc. v. Trump, the case that asks whether the International Emergency Economic Powers Act authorizes the president to impose tariffs. (Click on SCOTUSblog's oral arguments page for updates.)

The Agenda:
—National Guard in Portland
—Eliminating horizontal stare decisis
—A defense of the spoils system
—Who should argue in the tariffs case?
—Did we get immigration wrong for the entire Biden administration?

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Bad Man Smokes Weed Doctrine Oct 23, 2025

Show notes

Sarah Isgur and David French discuss a case before the Supreme Court that will consider whether pot smokers can legally own guns.

The Agenda:
—F*** monetary policy
—https://hasthesupremecourtfixedqualifiedimmunitydoctrineyet.com/
—Bad facts case
—Can the police enter your home without a warrant?
—Is there a rebellion in Chicago?
—Trump demands $230 million from the DOJ
—Helen Andrews and not wanting women in the legal field for some reason
—Women murdering their husbands and Gobitis

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Euphemisms, Political Speech, and the First Amendment Oct 21, 2025

Show notes

Sarah Isgur and David French kick off Free Speech Week at the University of Texas School of Law to talk about the confusion around Callais oral arguments, “Let's Go Brandon,” and the John Bolton indictment.

The Agenda:
—Let's Go Brandon
—“Everybody seems to be having a good time”
—No one understands Callais
—Lawfare and selective prosecutions
—Q&A!

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Vindictive Prosecutions Oct 16, 2025

Show notes

Sarah Isgur and David French dive deeper into Chiles v. Salazar, the case argued before the Supreme Court last week about banning conversion therapy for minors, before analyzing the James Comey and Tish James indictments.

The Agenda:
—Chiles v. Salazar
—Tish James and mortgage fraud: Do the facts hold up?
—Update on the James Comey indictment
—Suing USPS over not delivering mail
—Denying review in a death penalty case
—Sarah says Seila correctly

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The Future of Free Speech Oct 14, 2025

Show notes

Live from Vanderbilt University, Sarah Isgur and David French speak at the Global Free Speech Summit about the threats to the First Amendment across the country and what Republicans can do about it.

The Agenda:
—Ball State University employee fired after Charlie Kirk Facebook post
—Has NYU learned its lesson? (Apparently not)
—The Trump administration, Apple, and speech vs. conduct
—Conor Friedersdorf: What Republicans Can Do If They Really Want to Protect Free Speech
—David coming out against well-rounded children

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