Advisory Opinions

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SCOTUS Sides with Trump Jun 27, 2025

Show notes

Divided Argument hosts Daniel Epps and William Baude join Sarah Isgur to unpack the Supreme Court’s decision (ahem, non-decision) on birthright citizenship. Plus: a little showdown between two justices.

The Agenda:
—What the Supreme Court did NOT decide
—What the Court DID decide
—Similarities to Marbury v. Madison,Loper Bright, and Chevron
—Justice Amy Coney Barrett v. Justice Ketanji Brown Jackson
—Judicial supremacy?
—Sir, this is not a Denny’s
—Injunction influx
—The future of forum shopping
—A big July for Advisory Opinion

Show Notes:
—SCOTUSblog on the 6-3 decision itself

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Ruling Against Planned Parenthood Jun 27, 2025

Show notes

Sarah Isgur and David French face the muddiness of a case on moving criminal aliens to South Sudan, the messiness of death penalty cases, and the potential abortion distortion of a plain ol’ statutory question. Today’s dessert, though, is analyzing an interview of Justice Samuel Alito by the Hoover Institution.

The Agenda:
—Mark Justice Clarence Thomas off your bingo card
—Supreme Court’s yellow light for moving criminal aliens to third-party countries
—Gutierrez v. Saenz
—Medina v. Planned Parenthood South Atlantic
—Sarah’s pet peeve: 18th century life expectancy stats
—Chief + Gorsuch = criminal justice case
—Alito time

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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Hubris in Legal Movements Jun 24, 2025

Show notes

Sarah Isgur and David French cover two less-exhilarating Supreme Court decisions (faxes, anyone?) and re-visit the Skrmetti decision. It’s four decisions from the district courts, though, that really steal the show.

The Agenda:
—TikTok ban ticks on
—Diamond Alternative Energy v. EPA
—McLaughlin Chiropractic Associates, Inc. v. McKesson Corp.
—What constitutes gender dysphoria?
—Free expression in the spa?
—Supreme Court won’t bother with Trump’s call on the National Guard now
—New Mexico kidnapping and murder case and the commerce clause
—Public schools’ 10 Commandments

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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Skrmetti and Certiorari Jun 19, 2025

Show notes

Sarah Isgur and David French break down the Supreme Court’s 6-3 decision to uphold Tennessee’s law that bans transgender medical intervention for minors. It’s about age, not sex.

The Agenda:
—Banning TikTok
—Trump defies Congress
—Tennessee’s ban on certain medical treatment for transgender minors
—Queasy about judge-made doctrines
—The girls are fighting
—Just call it cert

Show Notes:
—Jack Goldsmith on Iran

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.

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.

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Unprovoked War Jun 17, 2025

Show notes

Sarah Isgur and David French break down Israel’s latest strikes on Iran and the legal questions surrounding them. Was it a justifiable preemptive move, a murky act of prevention, or simply part of an already ongoing war?

The Agenda:
—Hypotheticals and lawful acts of war
—The role of international law
—Iran’s response
—Trump’s national guard deployment
—Raiding Los Angeles
—Wrong, wrongy wrong, McWronger face
—Time for some role play
—Justice Amy Coney Barrett: A New Era in the Supreme Court

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

Right To Sue the Feds Jun 12, 2025

Show notes

Sarah Isgur and David French check the temperature on Thursday’s Supreme Court hand downs (cold term, anyone?), diving into a case where federal agents raided the wrong house.

The Agenda:
—Death penalty stuff and successive habeas petitions
—Gorsuch the libertarian
—FBI raid gone wrong
—Explaining the Federal Tort Claims Act and Bivens
—Conspiracy theory time
—Associated Press and their access to press
—We’re all ‘cranckpots’
—Is yoga protected by the First Amendment?

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Liberal Justices, Conservative Outcomes Jun 10, 2025

Show notes

Sarah Isgur and David French break down the legal merits of the Trump administration’s mobilization of the National Guard and the latest opinions from the liberal side of the Supreme Court.

The Agenda:
—Federalization of National Guard troops
—Liberal justices, conservative outcomes
—AI’s bad legal analysis
—Reverse employment discrimination
—Suing gun manufacturers
—Catholic charities
—Class-action lawsuit and kiosks

Show Notes:
—Mitch Landrieu on The Dispatch Podcast

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Abundance Judges Jun 05, 2025

Show notes

Sarah Isgur and David French discuss the hottest case on everyone’s lips—Seven County Infrastructure Coalition v. Eagle County—and how buzz around Abundance Democrats may have influenced the outcome.

The Agenda:
—Some regulatory papers are longer than the railroads entities were requesting to build
—Subbing in recused SCOTUS judges, what could go wrong?
—Abortion battles in Texas
—Yes, maybe having Steve Bannon's case at the Supreme Court is a good thing
—Judges act differently on camera

Show Notes:
—John Ross' "Short Circuit" newslette

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Tariff-ic Meltdowns Jun 03, 2025

Show notes

Sarah Isgur and David French discuss the legal back and forth regarding President Donald Trump’s tariffs before turning to his attacks on the Federalist Society.

The Agenda:
—Court of international trade blocks Trump’s tariffs
—Appeals court reinstates tariffs
—Major questions, explained
—Jack Goldsmith on IEEPA
—Trump goes after Leonard Leo
—What is the difference between a lie and criminal fraud?
—Granting and revoking immigration statuses
—Blue Book reform

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Dead Man Walking Precedent May 29, 2025

Show notes

Sarah Isgur and David French explain the Supreme Court opinion in Trump v. Wilcoxon presidential removal limits. Plus: an update on the religious charter schools case.

The Agenda:
—Future of religious charter schools
—Trump v. Wilcox
—Can Congress limit executive removals?
—“Only two genders” T-shirt
—The Court’s First Amendment jurisprudence
—“Beat the children with sticks”
—A gumbo footnote
—Tips for the bar exam: Don’t do what Sarah and David did

Show Notes:
—Seila 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, ⁠⁠⁠⁠⁠⁠click here⁠⁠⁠⁠⁠⁠.

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

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