Advisory Opinions

Latest Episodes:

You’re Wrong About Originalism May 22, 2025

Show notes

Sarah Isgur and David French are joined by William Baude, professor at the University of Chicago Law School, to discuss the scandalizing origins of originalism. But first, a recap of SCOTUS cases.

The Agenda:
—Narrowing the Fourth Amendment
— Where is Kilmar Abrego Garcia?
—AARP v. Trump is an unfortunate case name
—Facebook post raises eyebrows for Maine lawmakers
—Correcting the color of our briefs
—Dissents, dissental, disgrantle
—Move over Robert Bork

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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A Charge on Gettysburg May 20, 2025

Show notes

Sarah Isgur and David French invite Judge Kevin Newsom of the 11th Circuit to discuss his time clerking for Justice David Souter and the strong humility that defines the late justice’s legacy. Then, Sarah and David recap their annual Legal Eagles trip to Gettysburg.

The Agenda:
—Justice David Souter’s independent mind and the significance of his judicial philosophy
—6th Circuit Judge Chad Readler breaks down Legal Eagles trip to Gettysburg
—The Constitution and the Civil War with 6th Circuit Chief Judge Jeffrey Sutton
—Chief Judge Edmund Sargus of the Southern District of Ohioshares the story of Thomas Drummond and his overlooked role in the Civil War
—Pickett’s Charge!

Show Notes:
—SCOTUSblog: “David Souter, Retired Supreme Court Justice, Dies at 85”

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LIVE: SCOTUS Hears Birthright Citizenship Case May 15, 2025

Show notes

In a special live Advisory Opinions x SCOTUSblog crossover event, Sarah Isgur was joined by David French, David Lat, Zachary Shemtob, and Amy Howe (live from the Supreme Court), to react to the oral argument in Trump v. CASA, Inc.

The question: Whether the Supreme Court should stay the district court’s nationwide preliminary injunction on the Trump administration’s executive order ending birthright citizenship.

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The Clash of Culture and Employment Rights May 13, 2025

Show notes

Sarah Isgur and David French are coming to you from Gettsyburg with two free speech cases. Is posting aborted fetuses a religious practice?

The Agenda:
—Join us May 15th for a special live Advisory Opinions
—Substantial disruption and school dress codes
—Free speech, employment rights, and religious discrimination
—Do we need a third founding?

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Actual Animus May 08, 2025

Show notes

David French returns from his other job to discuss President Trump’s transgender military policy with Sarah Isgur. Does the Supreme Court hate transgender people? (Hint: No.)

The Agenda:
—Transgender military policy reflects ongoing debates about authority and judicial deference
—Demonstrating animus
—Making David blush
—You can't be an erotic dancer if you're under 21 in Florida
—Weak and strong originalism and the role of precedent

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Right-on-Right Violence May 06, 2025

Show notes

The Advisory Opinions extended universe kicks off as SCOTUSblog's Amy Howe and David Lat join Sarah Isgur to discuss the St. Isidore of Seville religious charter school case and the debate over school choice.

The Agenda:
—A ‘public’ public school or a ‘private’ public school?
—Justice Amy Coney Barrett's recusal
—Will Chief Justice John Roberts be the swing vote?
—Will birthright citizenship end?
—May 15: Mark it on your calendar

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Are Religious Charter Schools Legal? May 01, 2025

Show notes

Sarah Isgur and David French explain the upcoming Supreme Court decision regarding the public chartering of religious schools and how it might implicate the establishment clause.

The Agenda:
—Justice Gorsuch is the new Justice Kennedy
—More on SCOTUS lie-gate
—Magic and Larry Bird (Lisa Blatt and Roman Martinez)
—Lisa Blatt’s apology
—FBI knocks down the wrong door
—Chartering religious schools
—What is a charter school?
—The establishment clause question

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The Arrest of Judge Hannah Dugan Apr 29, 2025

Show notes

Sarah Isgur and David French are joined by Amy Howe and David Lat, of The Dispatch’s extended legal universe, to debate whether the Supreme Court should be more transparent.

Sarah and David then separate fact from the fiction in the arrest of Judge Hannah Dugan. (Also: should there be cameras in the Supreme Court?)

The Agenda:
—Cameras at SCOTUS?
—SCOTUS oral argument goes off the rails
—Calling other lawyers the “L” word
—The arrest of Judge Hannah Dugan
—Immunity doctrine is a mess
—Louis Vuitton and criminal contempt
—Old Whig No. 5
—Trump admin and disparate impact
—Harvard Law Review’s DEI

Show Notes:
—Apply to work at SCOTUSblog!
—Judge helps criminal escape in 2018

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SCOTUSblog, Welcome to The Dispatch Apr 24, 2025

Show notes

Amy Howe, the voice of SCOTUSblog, joins Sarah Isgur and David French to discuss the news of The Dispatch’s acquisition of SCOTUSblog.

Also: What's the equity in equity dockets?

The Agenda:

—SCOTUSblog joins The Dispatch

—Puppies (and pride?)

—Harvard fights back

—Equity dockets, revisited

Show Notes:

—Read more on the acquisition

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Judge v. (Unethical) Lawyer Apr 22, 2025

Show notes

Sarah Isgur and David French react to Donald Trump’s latest legal battles and talk to friend of the pod Judge Amul Thapar about his new wellness Substack.

\The Agenda:

—Birthright citizenship oral argument

—Trump's use of Alien Enemies Act blocked

—The FAFO bucket

—Criminal contempt proceedings against the Trump administration

—'An opinion for the ages'

—Judges Thapar’s wellness advice

Show Notes:

—Justice Alito's dissent on Alien Enemies Act

—William Baude on the birthright citizenship oral argument

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