Advisory Opinions

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Guns, Gays, and Birthright Citizenship Jul 31, 2025

Show notes

Sarah Isgur and David French break down a few 9th Circuit cases, including one on gender ideology and free speech rights. Plus, a super sexy snippet on state standing.

The Agenda:
—First Amendment and foster parents
—15 minutes to buy a gun
—No background checks for ammunition
—Lower courts struggle with text, history and tradition
—The hot mess of state standing
—What heavy metal band is each Supreme Court justice?
—The great professionalization shift of the 21st century

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Will Ghislaine Maxwell Split the Circuits? Jul 29, 2025

Show notes

Sarah Isgur and David French discuss how Jeffrey Epstein’s ex-girlfriend, Ghislaine Maxwell, is attempting to get out of jail on a technicality. Could a deal with the Department of Justice involving Epstein extend to her?

Agenda:
—Ghislaine’s team identifies a circuit split
—MAGA and the Epstein list
—189 days of lawlessness on the TikTok ban
—The emergency docket is a mess
—Justice Elena Kagan's dissent and the precedential value of interim orders
—SCOTUS gaining favorability

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This episode is brought to you by Burford Capital, the leading global finance firm focused on law.

Clients include Fortune 500 companies and Am Law 100 firms, who turn to Burford to pursue strong claims, manage legal costs, and accelerate recoveries.

Learn more at ⁠⁠burfordcapital.com/ao⁠⁠.

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Separation Anxiety: Courts and Congress Jul 24, 2025

Show notes

Sarah Isgur and David French discuss Alina Habba’s removal as U.S. attorney pick and the one consistent position of the Trump administration: We get to do what we want.

—Scrutinizing the Vacancies Reform Act
—Friendly vs. hostile U.S. Senates
—Good luck to the criminals in the Northern District of New Jersey
—Listener question: change the vesting clause?
—Second Circuit issues decision on remand for Nat’l Rifle Ass’n of Am. v. Vullo.
—If you're going to charge a conspiracy, there better be a conspiracy
—Critical race theory curriculum
—Poisonous fruit of the Garcetti tree
—Who has rights over blood spots?

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This episode is brought to you by Burford Capital, the leading global finance firm focused on law.

Clients include Fortune 500 companies and Am Law 100 firms, who turn to Burford to pursue strong claims, manage legal costs, and accelerate recoveries.

Learn more at ⁠burfordcapital.com/ao⁠.

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Signing Away Constitutionality Jul 22, 2025

Show notes

Sarah Isgur and David French discuss the use of autopens as a permission structure and David’s Very Big Problems with technology and the pardon power.

—What is an autopen?
—The problems with David’s problems
—Buckets of pardons
—Day 182 of ignoring the TikTok law
—Dispensing power vs. autopen power
—Bullying our way to cultural victory
—Mandatory reporting and Catholic priests
—Responding to Supreme Court clerks
—TL;DR concurrence

Show Notes:
—New York Times article on Biden's pardons
—McMahon v. New York
—Andy Smarick’s piece for The Dispatch
—Bob Bauer piece on progressives

This episode is brought to you by Burford Capital, the leading global finance firm focused on law.

Clients include Fortune 500 companies and Am Law 100 firms, who turn to Burford to pursue strong claims, manage legal costs, and accelerate recoveries.

Learn more at burfordcapital.com/ao.

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An Inconsequential Term? Jul 17, 2025

Show notes

Sarah Isgur, David French, and Kannon Shanmugam again reunite for the annual Paul, Weiss summer associate live recording. The three discuss Justice Ketanji Brown Jackson’s mysterious jurisprudence, political pressure on the Supreme Court bench, and firmly bound, braggadocious briefs.Plus: billable hours, a (not) blockbuster term, and Sarah’s insecurity over Texas’ quaint size.

The Agenda:
—The Biter and Aqua Girl
—Trump v. Casa, injunctions, and class actions
—Pushback on Justice Jackson as the #Resistance justice (and how to write an email)
—Splitting the baby on paper vs. digital cert petitions
—Guess where Kannon puts his Supreme Court quill pens
—It wasn’t a blockbuster term
—Circuit court crash course
—Don’t mess with Texas
—My big fat 9th Circuit Court
—Free speech or parental rights? United States v. Skrmetti and Mahmoud v. Taylor

This episode is brought to you by Burford Capital, the leading global finance firm focused on law.
Burford helps companies and law firms unlock the value of their legal assets. With a $7.2 billion portfolio and listings on the NYSE and LSE, Burford provides capital to finance high-value commercial litigation and arbitration—without adding cost, risk, or giving up control.
Clients include Fortune 500 companies and Am Law 100 firms, who turn to Burford to pursue strong claims, manage legal costs, and accelerate recoveries.
Learn more at burfordcapital.com/ao.

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Educating the Youth Jul 15, 2025

Show notes

Sarah Isgur and David French, live from the FIRE Student Network Summer Conference, discuss free speech in non-profits and schools before Sarah takes listeners through the history of Citizens United. Before the youth bring their questions, Sarah and David talk Clinton documentaries and how campaign financing could be a little better.

The Agenda:
—Can 501(c)3’s endorse a candidate?
—No “false” pronouns in Florida classrooms
—The pain of campaign history and the core of protected speech
—Citizens United, yay!
—Put your money where your speech is
—Why Citizens United didn’t matter
—Discontent in the American public is the American public’s fault
—Why super PACs stink
—Put your money where the name is
—Free speech and David’s disagreement with FIRE
—Mahmoud: right outcome, wrong reasoning

This episode is brought to you by Burford Capital, the leading global finance firm focused on law.

Clients include Fortune 500 companies and Am Law 100 firms, who turn to Burford to pursue strong claims, manage legal costs, and accelerate recoveries.

Learn more at ⁠burfordcapital.com/ao⁠.

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Blockbuster Cases Jul 10, 2025

Show notes

Sarah Isgur returns to her home state of Texas to join a panel of leading constitutional scholars for a deep dive into the most significant Supreme Court decisions of the term. Alongside experts Jonathan Adler, Daniel Epps, and Frederick Lawrence, she examines key cases and explores the growing influence of politicians and the media on how the court is viewed by the public.

The Agenda:
—Is there a play in the joints between religion clauses and the First Amendment?
—Why is it called United States. v Skrmetti?
—The Fifth Circuit is the new Ninth Circuit
—Will the court rein in excesses of state criminal justice?

This episode is brought to you by Burford Capital, the leading global finance firm focused on law.

Clients include Fortune 500 companies and Am Law 100 firms, who turn to Burford to pursue strong claims, manage legal costs, and accelerate recoveries.

Learn more at burfordcapital.com/ao.

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

State Power vs. Parental Rights Jul 08, 2025

Show notes

Could a parental consent law finally be headed to the Supreme Court? Justices Samuel Alito and Clarence Thomas recently declined to take up a case—but their silence may be saying more than a firm “no.”

—Camp Mystic tragedy in Texas
—Denial of cert on a case involving minors and abortion
—We can't send people to get tortured, even if they're criminals
—First Amendment rights and government speech
—LA COVID evictions
—Not the most sympathetic pro-life protester

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SCOTUS 2025 Term Debrief Jul 03, 2025

Show notes

Pardon our legal nerd-out as Sarah Isgur, David French, Amy Howe, David Lat, and Zachary Shemtob—our dream team of SCOTUSBloggers and Advisory Opinions hosts—break down the biggest moments from the Supreme Court’s term.

What made this term so mellow? Which rulings came out of left field? And is Justice Jackson the Supreme Court’s breakout star?

The Agenda:
—Mellow vibes all around
—Emergency Docket vs. Merits Docket
—Cert petition surprises and denials
—Oral argument highlights
—Justice Clarence Thomas’ post-Dobbs influence
—Looking ahead

Show Notes:
—SCOTUSblog's Stat Pack

This episode is brought to you by Burford Capital, the leading global finance firm focused on law.

Clients include Fortune 500 companies and Am Law 100 firms, who turn to Burford to pursue strong claims, manage legal costs, and accelerate recoveries.

Learn more at burfordcapital.com/ao.

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

Justice Kagan’s Supreme Court Jul 01, 2025

Show notes

Sarah Isgur and David French break down the biggest takeaways from the Supreme Court’s latest term using SCOTUSblog’s stat pack as their guide. They also explain the outcomes in the Texas explicit content case and the “pride puppy” case.

The Agenda:
—OT25 in review
—The most influential justice
—What makes a case “important”
—Free Speech Coalition, Inc. v. Paxton
—Explaining tiers of scrutiny
—The pride puppy case
—Curriculum opt-outs
— Mahmoud v. Taylor

This episode is brought to you by Burford Capital, the leading global finance firm focused on law.

Clients include Fortune 500 companies and Am Law 100 firms, who turn to Burford to pursue strong claims, manage legal costs, and accelerate recoveries.

Learn more at ⁠burfordcapital.com/ao⁠.

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