Advisory Opinions

Latest Episodes:

The Collision Is Coming Apr 17, 2025

Show notes

Sarah Isgur and David French discuss the ongoing saga of Kilmar Abrego Garcia’s illegal deportation and what’s next for the man currently in a notorious El Salvadoran prison.

The Agenda:

—SCOTUS order: effectuate vs. facilitate

—Emergency docket scorecard

—Turnover at the solicitor general's office

—MAGA's legal strategies backfiring

—Tariff lawsuit in California challenges executive power

—Papa Musk

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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The Rights of Deportees Apr 10, 2025

Show notes

Sarah Isgur and David French examine detainees’ rights and habeas corpus before reacting to the Season 3 finale of White Lotus.

The Agenda:

—Gitmo: Hamdi and Rasul

—Legal status of El Salvador detainees

—Courts and human rights

—The Associated Press' fight for free speech

—White Lotus and evolutionary psychology

—Friend groups should have even numbers

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🚨 Trump (Kind Of) Wins On Alien Enemies Act Apr 08, 2025

Show notes

Sarah Isgur and David French review the Supreme Court’s emergency decision on the Trump administration’s use of the Alien Enemies Act.

The Agenda:

—Due process matters

—The clean hands problem

—More forum shopping

—What is “reasonable notice”?

—Firing probationary workers

—Amy Coney Barrett and John Roberts are the new swing votes

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Justice Barrett's RICO Revolution Apr 08, 2025

Show notes

Sarah Isgur and David French explain how the tariff power may make its way to the Supreme Court as a “major question” and debate the ethics of arguing in front of your children.

The Agenda:

—IEEPA, explained

—SCOTUS on USAID freeze

—Make vaping great again

—The most OCD employee

—Natural law is real

—In defense of legal activism

—How to argue in front of your children

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Evangelizing vs. Proselytizing Apr 03, 2025

Show notes

Sarah Isgur and David French discuss Wisconsin's unemployment tax case, which touches on the intersection of religious liberty and legal standards. When is an institution operating primarily for religious purposes?

The Agenda:

—We don’t cover internet beefs

—Trump v. All

—Can Catholic Charities keep its tax-exempt status?

—Wisconsin Supreme Court races are vicious and cruel

—Generalists vs. specialists

—Evolution of activist legal organizations

—Answering listener questions about Trump running for a third term in office

Show Notes:

—Catholic Charities Bureau v. WI Labor Review Comm'n oral argument

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Aliens and Enemies Apr 01, 2025

Show notes

Sarah Isgur and David French review the Trump administration’s latest executive order targeting law firms, the legal challenge against the White House’s invocation of the Alien Enemies Act, and the problems surrounding universal injunctions.

The Agenda:

—David’s dangerous brush with nature

—Trump’s non-strategic executive orders against law firms

—Can the courts review a proclamation invoking the Alien Enemies Act?

—Is immigration an “invasion”?

—OPM ain’t got no standing

—Sued for cracking, then sued for packing (in a redistricting case)

—The 0-9 prediction on nondelegation case

Show Notes:

—Executive order against Jenner & Block

—Executive order against WilmerHale

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Second Amendment v. Ghost Gun Ban Mar 27, 2025

Show notes

Sarah Isgur and David French discuss the Supreme Court’s ruling to uphold the the ban on ghost guns. Is it really about the Second Amendment?

Sarah and David are then joined by Gregg Costa—partner at Gibson Dunn and former Fifth Circuit judge—to explain the issue with universal injunctions and forum shopping.

The Agenda:

—I ain’t afraid of no ghost (gun)

—A big week for Justice Neil Gorsuch

—Mens rea and regulation

—False vs. misleading

—$660 million, baby

—Judiciary is politicized

—Administrative Procedure Act and universal injunctions

—Predicting SCOTUS outcomes

Show Notes:

—Gregg Costa's podcast: A View from the Bench

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Betrayal of the Law Firms Mar 25, 2025

Show notes

Sarah Isgur and David French give us an update on the Paul Weiss legal drama and the frontal attacks on the law firm from the Trump administration. Plus, video dissents and a bill tackling injunctions.

The Agenda:

—The deal

—The Texas Lawbook responds to Trump administration

—Skadden Arps and the backlash

—Paul, Weiss chair's Sunday afternoon memo

—Dinesh D'Souza, for some reason

—The Dissenting Judge

—The end of universal injunctions?

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Do You Have ‘Parental Rights’? Mar 20, 2025

Show notes

Sarah Isgur and David French discuss Chief Justice John Roberts’ recent rebuke of President Donald Trump and the proper way to criticize a court’s opinion.

The Agenda:

—Judicial independence and integrity

—Orin Kerr and Michael C. Dorf debate

—The “confusing” McDonnell Douglas framework

—Parental due process rights

—Age restrictions on the 2A

—Free speech for professors

—SCOTUS’ lottery system

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Is Trump Going to War Against the Rule of Law? Mar 18, 2025

Show notes

In this less-than-cheerful episode, Sarah Isgur and David French discuss threats to the judiciary external and internal, exploring the Trump administration’s legal maneuvers against law firms and drawing parallels to historical events like the Alien and Sedition Acts.

The Agenda:

—SCOTUS Update: All B cases

—A judge’s gamesmanship on birthright citizenship

—Leave Justice Amy Coney Barrett’s sister alone

—Paul, Weiss and Trump’s threats to the rule of law

—Venezuelans are being deported

—Defying TROs

—Integralism rears its ugly head

Show Notes:

—Chief Justice John Roberts early tenure interview in The Atlantic

—Sarah’s op-ed for the New York Times

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