Advisory Opinions

Latest Episodes:

Civility vs. Collegiality | Interview: Judges Tom Griffith and David Tatel Aug 25, 2026

Show notes

Sarah Isgur and David French invite former D.C. Circuit judges Tom Griffith and David Tatel to discuss relationships, judicial independence, and what it means to be a “former” judge. But first, bar complaints and the White House ballroom injunction.

The Agenda:

–⁠The worst of the worst, District Judge edition⁠

–Someone file a bar complaint!

–⁠We’re the least surprised when the White House injunction came down⁠

–Disagreeing respectfully

–What’s next for judges after they retire?

–Breaking news

Order Sarah’s book⁠ here.⁠

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Let’s Pretend We’re Justices | Interview: Chris Scalia Aug 20, 2026

Show notes

David French and Sarah Isgur steelman Justice John Paul Stevens and Justice Stephen Breyers’s dissents in the Heller case through a one-act play produced by ChatGPT. The two also invite Chris Scalia to play the majority opinion writer (and his late father) Justice Antonin Scalia.

The Agenda:

–One act, three justices

–What AI got right and wrong

–Justice Breyer, fully vindicated

–Shul is Yiddish and Friends of the Earth is SCOTUS precedent

Show Notes:

–Originalism and Stare Decisis

Order Sarah’s book here.

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 access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here.

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

Trump’s Ballroom Blitz Aug 18, 2026

Show notes

Sarah Isgur and David French return, but with a little bit of a switcheroo as David takes the host’s chair. They discuss President Donald Trump’s appeal to the Supreme Court on the construction of a White House ballroom, a religious liberty case about permits and prayer services, and a bit of reality TV litigation.

The Agenda:

–We can all laugh about this one day

–Pierre Charles L’Enfant for some reason?

–President Trump’s ballroom appeal

–Grand v. City of University Heights

–This is not a populist podcast

–The trashy stuff

Show Notes:

–Hulk Hogan v. Gawker
–Marquette Law School Poll finds national approval of the Supreme Court at 47 percent; it’s been below 50 percent since November 2025

Order Sarah’s book here.

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This Is Not A Vibes-Only Podcast Aug 13, 2026

Show notes

David Lat and Zachary Shemtob return as guest hosts and are joined by Adam Feldman, author of the blog Empirical SCOTUS and the Substack Legalytics, to discuss an update on birthright citizenship, some new polling about SCOTUS, and Luigi Mangione, who will soon be tried for the murder of UnitedHealthcare executive Brian Thompson.

The Agenda:

–Where in the world are Sarah and David?

–The Delusions of John Roberts

–Is Chief Justice Roberts moderating from the front?

–Early and late Scalia

–Challenge brought to Trump’s new birthright citizenship order

–Previewing the November cases

–St. Mary Catholic Parish v. Roy (25-581)

–Nielsen v. Watanabe (25-417)

–Are Republicans falling out of love with the Supreme Court?

–Overruling the 3-3-3 court hypothesis

–SCOTUS shortlist

–Mangione plea discussion expected in federal case Friday

Order Sarah’s book here.

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SCOTUS’s October Preview Aug 11, 2026

Show notes

David Lat takes over the host’s chair and is joined by Zachary Shemtob, executive editor of SCOTUSblog, and Amy Howe, co-founder of SCOTUSblog, to discuss Justice Samuel Alito’s retirement plans (not yet), President Donald Trump’s new executive order targeting birthright citizenship, and hot cases in the upcoming October term.

The Agenda:

–Sarah Isgur’s rebuttal

–Justice Alito’s back! (He never left)

–Ending birth tourism

–Overcooking the Federal Reserve firing

–Suncor Energy Inc. v. County Commissioners of Boulder

–Previewing SCOTUS’s October term

–Ballroom blitz

–No drag hamburgers for these kids!

Show Notes:

–Birthright Citizenship, Redux

Order Sarah’s book here.

–Trump signs new birthright citizenship order, ballroom dispute likely headed to Supreme Court

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Fauci Pleads the Fifth | Interview: Elie Honig Aug 06, 2026

Show notes

Sarah Isgur and David French are joined by CNN senior legal analyst Elie Honig to discuss Anthony Fauci’s invocation of the Fifth Amendment. Is it okay? Is it not okay? How does this relate to the pardon power? Then it’s on to a constitutional game show where each member of this three-person team picks two constitutional amendments they would magically ratify and one amendment they would veto.

The Agenda:

–Anthony Fauci can take the Fifth

–Did Fauci even have such a right?

–Wiping your phone is an obstruction of justice

–Amending the Constitution!

–Impeachment reform, resizing Congress, and emergency powers

–Presidential eligibility, redefining Article II, and repealing the 17th Amendment

–We will see a 28th Amendment

Show Notes:

–Elie Honig: When You Come at the King

–How to Investigate a President (with Elie Honig) - CAFE

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The Island of Rationality and the First Amendment Aug 04, 2026

Show notes

Welcome to First Amendment-a-palooza, where headliners Sarah Isgur and David French play the classics like: “Are license plates government speech?” and “Three cheers for Citizens United,” as well as “Owning a copy of Mein Kampf means you’re an idiot, but it’s still private speech.”

The Agenda:

–Immigration issues

–Citizens United will be overturned

–Gender, protected speech, and school counselors

–Suck it up, Virginia!

–Black Lives Matter protests and injured police officers

–Listener mail bag

Show Notes:

–Faces of Intratextualism - Akhil Reed Amar

–Walker v. Texas Division, Sons of Confederate Veterans Inc.

–David Lat’s Substack

–Garcetti v. Ceballos

–Opinion: A Very Dangerous Ruling in New Orleans

Order Sarah’s book here.

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Receipts on the Senate Filibuster | Interview: Mike “Frags” Fragoso Jul 30, 2026

Show notes

Sarah Isgur and David French discuss the Trump administration’s appeal to the Supreme Court about its mail-in voting executive order. Then the two talk with ⁠Mike Fragoso⁠, former chief counsel to then-Senate Majority Leader Mitch McConnell and partner at Torridon Law, to discuss the food truck nature of Senate judicial nomination.

The Agenda:

–⁠Additional restrictions on mail-in voting⁠

– ⁠The headline-to-effects ratio is out of control⁠

– Judicial nominees and the filibuster

– All about the Congressional Review Act

–⁠Mutual combat at the gas station ⁠

⁠The SCOTUSblog Summit: 2026 Term Preview.⁠ Order Sarah’s book⁠ here.⁠

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Reviewing the Court’s Criminal Law | Interview: Rory Little and Orin Kerr Jul 28, 2026

Show notes

Sarah Isgur and David French discuss new data on questions that the Supreme Court justices are asking, dive into the definition of stipulation, and run through a few questionable subpoenas of reporters. All this before the crime-apalooza interview with University of California law professor Rory Little and Stanford law professor Orin Kerr. You won’t want to miss their discussion on torture. No, this isn’t a euphemism.

The Agenda:

–Justice Kagan says court gets a “bad rap”

–Nine justices, nine styles

–Was it a stipulation or admission?

–DOJ subpoenas New York Times reporters over Air Force One reporting

–Get bourbon with old trial attorneys

–TheRoberts court’s legacy in criminal law

Show Notes:

– The First Criminal Procedure Revolution

–“Torture and Plea Bargaining” by John H. Langbein

–Branzburg v. Hayes

–Gonzales v. Raich

The SCOTUSblog Summit: 2026 Term Preview.

Order Sarah’s book here.

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Alaska v. a Charter Plane and a Six-Pack of Beer Jul 23, 2026

Show notes

Sarah Isgur and David French explain a case in which an Alaskan charter plane was seized over a six-pack of beer and discuss Title IX due-process rights on college campuses.

Sarah and David are then joined by Harvard Law professor Richard Re to break down his column arguing that Chief Justice John Roberts is moderating from the front.

The Agenda:

—Alaskan charter plane seized over a six-pack

—Title IX and due process

—Antisemitism and Title VI

—Is Chief Justice Roberts moderating from the front?

—Alexander Bickel and passive virtues

—The left and court-packing

Show notes:

—United States v. $124,700 in U.S. Currency

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