Advisory Opinions

Latest Episodes:

Humphrey’s Executor Mar 13, 2025

Show notes

Live from the University of Michigan, Sarah Isgur and David French are joined by law professors Josh Chafetz, Aaron Nielson, Jennifer Mascott, and other special guests, to explain Humphrey's Executor and the executive power of removal.

The Agenda:

—Myers v. United States

—Humphrey's Executor v. United States

—Peekaboo

—The “illimitable power of removal”

—Was Madison right about “liquidation”?

—Congressional accountability

—Civil service reform

—Justice Barrett

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Can Trump Deport Hamas-Supporting Students? Mar 11, 2025

Show notes

Between President Donald Trump’s executive order targeting Perkins Coie and interim D.C. U.S. Attorney Ed Martin sending letters to Georgetown Law, it has been quite the week for weaponized government. Sarah Isgur and David French dive into these two headliners, as well as a First Amendment debate involving green card holders.

The Agenda:

—More Sarah lore: Combative hula-hooping

—Perkins Coie and President Trump's executive orders

—FIRE's response to the Trump administration's threat to deport anti-Israel protesters

—Eugene Volokh's fact sheet on aliens and speech

—Another letter

—‘We’re a Jesuit, school go to hell’

—Smith & Wesson v. Estados Unidos Mexicanos

—Justice Amy Coney Barrett vs. MAGA

—EPA and San Francisco's sewage waste

—Richard Glossip avoids death row ... again

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The $2 Billion Dollar Case Mar 06, 2025

Show notes

David Stras, appeals judge for the 8th Circuit, joins Sarah Isgur and David French at the University of Chicago Law School to discuss complexities of case selection in the Supreme Court, the quality and clarity of judicial opinions, and disagreements with Justice Clarence Thomas.

The Agenda:

—Recent SCOTUS cases

—Supreme Court denies Trump request

—SCOTUS kicks bias response teams

—Judge Stras' background from Holocaust survivor grandparents

—Decline in Supreme Court cases

—Cert pool theory

—Professionalization of justices has changed the landscape of the court

—Post-Rahimi decision-making

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Rod Rosenstein and Robert Hur Talk Special Counsels Mar 04, 2025

Show notes

Sarah Isgur invites former Deputy Attorney General Rod Rosenstein and special counsel Robert Hur to discuss the significance of special counsels, including the appointment process involved and the public’s perception of their independence and accountability.

The Agenda:

—Historical context of special counsels

—Evolution of special counsel regulations

—The personal impact

—Role of predication

—Public confidence

—Q&A!

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Origins: From Kings to Executives Feb 27, 2025

Show notes

David French is off doing David French things, so Sarah Isgur takes over the podcast and invites Judge Charles Eskridge of the Southern District of Texas and Judge Brantley Starr of the Northern District of Texas to discuss all things Texas—and the powers of the executive branch.

The Agenda:

—What’s exciting about Locke?

—Here comes the Old Whig

—King of England vs. the American president

—Appeal to heaven

—Second terms are bad news

—The shallow state

—Departmentalism and lawsuits

Show Notes:

—Origins Pt. 2

—Origins Pt. 4

—Origins Pt. 7

—Massachusetts Constitution

—Previous AO episode with Judges Eskridge and Starr

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The Hallway Interviews Feb 25, 2025

Show notes

Sarah Isgur and David French chased down a handful of authors over the weekend at the National Constitution Center for hallway interviews about life, liberty, and ... witches.

The Agenda:

—Jeff Rosen teaches us about happiness

—Virtue vs. pleasure

—Salem witch trials!

—Nobody burns, they hang

—What does it mean to be a lawyer?

—Living beyond the billable hour

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Friends With DOJ Benefits Feb 20, 2025

Show notes

David Lat joins Sarah Isgur and David French to analyze what’s behind the Department of Justice’s motion to dismiss the case agains New York City Mayor Eric Adams.

The Agenda:

—Friends get benefits in the Trump admin

—Attorneys operating under a dual sovereignty

—How good of a narc can you be?

—Listener questions!

—How Rome falls

—Retribution

—Grading the judiciary

Show Notes:

—Will Chamberlain's tweet

—Denise Cheung resigns

—AO's emergency-ish episode on Sassoon

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Are Trump's Friends Above the Law? Feb 17, 2025

Show notes

In an emergency-ish episode, Sarah Isgur and David French go over the timeline of the Thursday Afternoon Massacre and its immediate fallout. What does the past week portend for President Donald Trump’s Department of Justice?

The Agenda:

—Danielle Sassoon’s letter and future

—Worst possible way to do a not-insane thing

—The state of the DOJ

—Trump’s Napoleon tweet

—How much power does Elon Musk actually have?

Show Notes:

-Nick Catoggio on Danielle Sassoon

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Lawless or Just Unwise? Feb 14, 2025

Show notes

Is President Donald Trump breaking the Justice Department or simply reshaping its priorities? As federal prosecutors resign, Sarah Isgur and David French debate whether we’re looking at another Saturday Night Massacre—and whether that’s how the justice system should work.

The Agenda:

—What is (and isn’t) lawless?

—More on the independence on federal agencies

—One magnificent speech away

—Justice Brett Kavanaugh on fiduciary discretion

—“F— cheerleading”

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Hiding in the Proverbial Attic Feb 11, 2025

Show notes

Sarah Isgur and David French steal away to sunny Stanford University to talk shop with law students and bask in a friendlier climate.

The Agenda:

—Casual antisemitism at Cooper Union?