Advisory Opinions

Latest Episodes:

The Anti-Episode Jan 09, 2025

Show notes

Today’s podcast is all about the antis: anti-SLAPP, anti-masking, anti-indoctrination, anti-retaliation, and anti-corruption. But before all that, Sarah Isgur and David French kick things off with the latest news on President Donald Trump’s sentencing in his New York criminal trial.

The Agenda:

—Does Donald Trump have citizen-plus status?

—David is somewhat of a SLAPP expert

—Does Arkansas care for LEARNS?

—Is face-masking protected?

—Free Speech timeline

—Campaign finance changes in Oxnard

—Cyberbullying, harrassment, and student council drama

Join us for a live taping of Advisory Opinions! Sarah Isgur and David French will be speaking in front of live audiences on Monday, January 13, 2024. You have two chances to catch them if you live in the DMV area. Details below:

Catholic University of America

CUA Columbus School of Law

3600 John McCormack Road NE

Washington, D.C. 20017

Room 205, main floor

12:30 P.M. ET

George Washington University

2000 H Street, NW

Washington, D.C. 20052

Burns Moot Court Room

3:15 P.M. ET

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—including Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here.

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Are PysOps Free Speech? Jan 07, 2025

Show notes

Sarah Isgur and David French discuss the anticipated TikTok oral argument taking place this Friday. Are we in content-neutral law land or are we veering off into strict-scrutiny world? And yes, there will be an emergency episode following the argument.

The Agenda:

—TikTok's pro-China algorithm

—Mitch says no to TikTok

—Donald Trump, FARA, and the First Amendment

—Justice Roberts' Year-End Report

—Sixth Circuit strikes down net neutrality

—Goodbye, Fani

—It's impropriety

—Morgan Wallen can keep his name

—David nerds out

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Origins of the Federal Constitution Dec 24, 2024

Show notes

Have you done your assigned reading? Because Sarah Isgur and David French are joined by Judges Charles Eskridge and Brantley Starr to take us to law school. Specifically, a class on the origins of the federal constitution.

The Agenda:

—Why it matters

—The Founders’ Constitution

—The Magna Carta and English Bill of Rights

—The origins of “rights”

—Positive vs. negative rights

—The legacy of “witch hunts”

—The anti-federalists

—The argument against a Bill of Rights

—Civic engagement

Show Notes (assigned reading):

—Origins Part 1

—Origins Part 2

—Origins Part 7

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Tick Tock, TikTok, Dec 19, 2024

Show notes

The Agenda:

—Christmas is canceled for the legal teams working on the TikTok case

—Why in the world did Yashar Ali get the Federalist Society leak?

—Justice Jackson and 'Juliet' drama

—ERA DOA

—It's an ethics violation to question the ethics of a Supreme Court Justice

Show Notes (assigned reading for next episode):

—Origins Part 1

—Origins Part 2

—Origins Part 7

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Southern Squabbles Dec 17, 2024

Show notes

Everything’s bigger in Texas, including court disagreements. Sarah Isgur and David French discuss Fifth Circuit drama with an eye toward a Ken Paxton lawsuit.

The Agenda:

—Taxes, the First Amendment, and Catholics

—SCOTUS takes a gamble with seating

—Ken Paxton's abortion lawsuit

—Diversity quotas and the SEC

—En banc-ers

—Donny gets $15 million

—Senior status … sike!

—Bring back booze anniversary

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Shooting Down the Spirit of Aloha Dec 12, 2024

Show notes

This jam-packed episode features Sarah Isgur and David French dissecting the latest Supreme Court opinions, judicial retirement rumors, and the evolving era of marijuana banking. Plus: Did we push David to his limits?

The Agenda:

—Retirement rumors

—Revoking visas and sham marriages

—Parental rights in schools

—The spirit of Aloha stands

—Dismissing Nvidia

—Marijuana banking

—Corrections! Two of them!

—U.S. v. Approximately Two Dogs

—Motion to determine lunch spot

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Can Tennessee Ban Transgender Care for Minors? Dec 10, 2024

Show notes

Sarah and David are joined by Tennessee Attorney General Jonathan Skrmetti to break down United States v. Skrmetti and what it might mean for the future of gender-transition treatment for minors.

The Agenda:

—How Skrmetti became an AG

—United States v. Skrmetti

—The Cass Review

—The Gorsuch silence

—The Equal Protection Clause’s scope

—TikTok ban

—The flagship debate

Show Notes:

—Vanderbilt professor’s amicus brief

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What's an Invasion? Dec 05, 2024

Show notes

Sarah and David break down the recent case before the Supreme Court regarding flavored vapes before finally getting to that “invasion”question and what it means for birthright citizenship.

The Agenda:

—“Government gangsters”

—Pardon of Hunter Biden

—Hunter is “rewriting history”

—Narcing on your youth pastor

—FDA vs. flavored vapes

—Invasion at the southern border?

—Birthright citizenship

Show Notes:

—Fifth Circuit on the FCC

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Pardoning Hunter Dec 03, 2024

Show notes

Sarah Isgur and David French discuss President Joe Biden’s decision to pardon his son Hunter, dive into President-elect Donald Trump’s plan to appoint Kash Patel to lead the FBI, and explore whether there’s a meaningful difference between anti-Zionism and antisemitism.

The Agenda:

—Friend of the ’cast

—Biden pardons Hunter

—Amend the Constitution!

—Joe Biden ain’t nice

—What to do about Chris Wray

—Sarah is George Will

—Is Kash Patel insignificant?

—Next topic, Jews!

—SCOTUS in favor of vaping

—Heroic woman, sad dog, and a Gorsuch-Sotomayor match

Show Notes:

—Jonathan Chait on Biden pardon

—Republicans pounce!

—Sarah Isgur on 'This Week'

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DOGE v. The Administrative State Nov 26, 2024

Show notes

Can Elon Musk colonize Mars? Or, even more challenging, can he take down the administrative state? Sarah and David take a look at his roadmap for the Department of Government Efficiency (DOGE) and debate the likelihood of regulatory reform.

The Agenda:

—Legal questions for the Trump 2.0 administration

—Will DOGE work?

—Unitary executive magic wands

—Honoring James Garfield’s memory

—Challenging birthright citizenship

—Stepchild of the First Amendment: Commercial speech

—Marihuana case

—Gravity is the weakest force

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