Advisory Opinions

Latest Episodes:

Conversion Therapy and Free Speech Oct 09, 2025

Show notes

Editor’s Note: This episode was previously uploaded with the incorrect audio. We apologize for the error.

Sarah Isgur and David French kick off the episode by examining a conversion therapy case before the Supreme Court—one that, surprisingly, few seem to be talking about. Where are the sensational headlines claiming that the rights of LGBT youth are under direct threat, or that religious freedom is on the verge of extinction?

The Agenda:
—‘Independent as hogs on ice.’
—Chiles v. Salazar
—Viewpoint discrimination in therapy
—Justice Sonia Sotomayor's interesting hypothetical
—‘There are multiple failures of IQ tests that have led to this moment.’
—Mail bag!
—State courts v. federal courts

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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SCOTUS Long Conference and 'Insecure Originalists' Oct 07, 2025

Show notes

Sarah Isgur and David Lat cover the Supreme Court's long conference and react to the sentencing of Justice Brett Kavanaugh's attempted assassin.

The Agenda:
—Ghislaine Maxwell's appeal rejected
—Missouri gun laws
—Hawaii's "Spirit of Aloha" gun laws
—Fifth Amendment takings clause
—Sentencing of Justice Brett Kavanaugh's attempted assassin
—Will Obergefell be overturned?

Show Notes:
—Advisory Opinions on Hawaii's gun laws
—David Lat's Original Jurisdiction

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BONUS | Judge Patrick Bumatay Interviews Justice Amy Coney Barrett Oct 04, 2025

Show notes

Justice Amy Coney Barrett joined Judge Patrick Bumatay at SCOTUSblog's inaugural On the Merits summit at Johns Hopkins University's Bloomberg Center to discuss public scrutiny, swing votes, and recusals.This conversation was recorded on September 25, 2025.

Show Notes:
—Subscribe to SCOTUStoday

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 Supreme Court’s Upcoming Term Oct 02, 2025

Show notes

Sarah Isgur and David French spend today’s episode reviewing nine cases the Supreme Court will decide during the upcoming term, from the intricacies of tariffs to the legality of conversion therapy.

The Agenda:
—The tariffs cases
—Justice Brett Kavanaugh’s past comments on Humphrey’s Executor
—Transgender participation in sports cases
—Conversion therapy cases
—No love for damage claims
—Campaign finance reform
—Death penalty and IQ tests
—Who can quash a subpoena?
—Implications of the stay order in the Federal Reserve case

Show Notes:
—Trump v. V.O.S. Selections
—Trump v. Slaughter
—Landor v. Louisiana Department of Corrections and Public Safety
—Louisiana v. Callais
—Little v. Hecox
—West Virginia v. B.P.J.
—Chiles v. Salazar
—National Republican Senatorial Committee v. Federal Election Commission
—First Choice Women’s Resource Centers, Inc. v. Platkin
—Hamm v. Smith

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Selective Prosecutions Sep 30, 2025

Show notes

Sarah Isgur and David French unpack the indictment of former FBI Director James Comey. What does the case say about the grand jury process, the risks of selective prosecution, and how prosecutors exercise discretion?

The Agenda:
—Breaking down the indictment
—A defense of President Donald Trump directing prosecutorial decisions
—Legal precedents
—The role of DOJ in executive power
—The legacies of Presidents Franklin Delano Roosevelt and Abraham Lincoln
—Pouring gasoline on MAGA
—Dissenting opinions on the Supreme Court
—Department of State v. Aids Vaccine Advocacy Coalition

Show Notes:
—Tuesday’s Morning Dispatch: “Trump’s Politicized Justice Department”
—Andy McCarthy in National Review: “The Indictment Against Comey Should Be Dismissed”
—Andy McCarthy in National Review: “With More Scrutiny, the Trump DOJ Indictment of Comey Gets Worse”
—Anastasia Boden for SCOTUSblog: “The Dissent That Would’ve Criminalized Flag Burning”

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Dorm Room Originalism Sep 25, 2025

Show notes

Sarah Isgur and David French break down the Supreme Court’s latest move: taking up a case before the lower courts have even finished with it. What does that mean, and why now?They also dig into three big rulings from the 11th, 5th, and D.C. Circuits that could have a major impact going forward.
The Agenda:
—Federal Trade Commission firings
—Is Humphrey’s dead?
—‘Dorm room Originalism’
—Originalism and the Constitution
—Healthcare covered sex-change surgeries
—Trump’s use of Alien Enemies Act
—Predatory incursion vs. invasion
Show Notes:
—How Originalism Killed the Constitution
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 Fall of Affirmative Action | Interview: Justin Driver Sep 23, 2025

Show notes

Sarah Isgur and David French sit down with Justin Driver, the Robert R. Slaughter Professor of Law at Yale Law School, to talk about his new book, The Fall of Affirmative Action: Race, the Supreme Court, and the Future of Higher Education. They explore the landmark case Students for Fair Admissions v. Harvard, a ruling celebrated by conservatives as a victory for colorblind principles and criticized by progressives as a blow to racial equity. But according to Driver, both perspectives miss the mark.

The Agenda:
—DMing Pam Bondi?
—Brendan Carr weaponizing the FCC
—‘I sued the Obama administration.’
—Victimization and mismatch in affirmative action arguments
—SFFA and race neutral mechanisms
—The future of race-neutral policies

Show Notes:
—The Morning Dispatch on the FCC

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The Oldest Constitutional Question | Interview: Richard Primus Sep 18, 2025

Show notes

Sarah Isgur and David French invite Richard Primus, author of The Oldest Constitutional Question: Enumeration and Federal Power, to discuss his unorthodox argument that the constitutional system does place limits on Congress, but those limits don’t actually come from the enumeration of powers—and never have.

But first: a grab bag of legal cases and responding to Attorney General Pam Bondi’s very anti-conservative remarks.

The Agenda:
—Will hate speech be prosecuted?
—Partisan divides on the interim docket
—Listener insights on delegated powers
—Elite law schools and Rehnquist v. Souter clerk hiring
—Granting mootness on a SCOTUS case
—The oldest constitutional question
—Originalism and the 10th Amendment

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Superhighways of Foreign Influence Sep 16, 2025

Show notes

In the wake of Charlie Kirk’s assassination, Sarah Isgur and David French explore the evolving battle over free speech and examine modern threats posed by social media.

The Agenda:
—Rising acceptance of violence in discourse
—Student protests and free speech
—David’s favorite pro-free speech essay
—Understanding stochastic terrorism
—Online bots and foreign influence
—The implications of Section 230
—The assassination’s veto
—South Carolina v. Doe

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

Learn more about your ad choices. Visit megaphone.fm/adchoices

Congress Won’t Contradict Trump Sep 11, 2025

Show notes

When the president orders a strike, who decides if it’s legal? Sarah Isgur and David French unpack the commander in chief’s powers after a hit on an alleged Venezuelan drug-smuggling vessel.

The Agenda:
—The laws of armed conflict
—Violating the Constitution?
—The complexity of terror designation
—SCOTUS to decide fate of Trump's tariffs
—Interim docket before the emergency docket
—Sarah name-drops Jonah Goldberg
—SCOTUS interim docket decision on immigration stops in L.A.

Show Notes:
—Orin Kerr on Los Angeles immigration enforcement case

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