Advisory Opinions

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**Advisory Opinions**

Advisory Opinions is a legal podcast by The Dispatch. Hosts David French and Sarah Isgur meet twice a week to talk about the law, the courts, their collision with politics, and why it all matters.

Latest Episodes:

Trump Is ‘Absolutely Immune’ ... Kind Of Jul 01, 2024

Show notes

Sarah and David break down the Supreme Court decision in Trump v. United States.

The Agenda:

—Unanimous decision on Moody v. NetChoice

—SCOTUS stat pack

—Three buckets of immunity

—Immunity takeaways: yes, no, and maybe

—Presidential immunity and accountability

—The role of the electorate in holding presidents accountable

—Does the Constitution prevent despots and tyrants?

Show Notes:

—David's NYT op-ed on SCOTUS and the pro-life movement

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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Chevron Is Dead, Long Live Chevron Jun 28, 2024

Show notes

We're not talking about Trump and Biden, but we are discussing something that could make double-hater voters less worried about the future of presidents and executive power: the final stake through the Chevron doctrine.

The Agenda:

—Chevron is overruled

—Jarkesy decision

—How "old think" plays out in the two above decisions

—Sarah's offended by Sotomayor

—The non-Trump January 6 case

—Are homeless people being targeted by SCOTUS? No

Show Notes:

—Nick Kristof's piece for the Times

—Ohio v. Environmental Protection Agency

—Moyle v. United States

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Supreme Court: We’re Not Santa Claus Jun 27, 2024

Show notes

Sarah and David return for a truly prolific episode covering another SCOTUS decision day and revisit where they stand on originalism and its faults.

The Agenda:

—Doctrine coded vs. culture-war coded

—Did the government coerce social media companies in 2020?

—David, you ignorant slut

—Interpreting “corruptly”

—The accidental release of Idaho abortion case

—Is SCOTUS strategic in its opinion release schedule?

—The problems with originalism

—Trump immunity case delay

Show Notes:

—National Rifle Association of America v. Vullo

—Bantam Books, Inc. v. Sullivan

—Lawrence Solum’s law review article on originalism

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Justice Stephen Breyer: Law Is Not a Science Jun 25, 2024

Show notes

In a special live recording from San Francisco in late May, Sarah interviewed former Supreme Court Justice Stephen Breyer about his judicial philosophy, the future of the court, and accepting dissent in America.

The Agenda:

— How snails explain the Supreme Court

— To recuse or to not recuse?

— The Court’s public approval and its response to public approval

— Rule of law

— Unenumerated rights

— Humor in the Court

— Audience questions

Show Notes:

— Stephen Breyer’s Reading the Constitution

— The Education of Henry Adams

— Edith Wharton’s The Age of Innocence

— Willa Cather’s The Professor’s House

— Mahanoy Area School District v. B.L.: The “Angry cheerleader” SCOTUS case

— Brown v. Board of Education & The Little Rock School Integration Crisis

— District of Columbia v. Heller

— Poe v. Ullman

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Rahimi Is Here and It Is Glorious Jun 22, 2024

Show notes

The Supreme Court has decided 8-1 in favor of the government inUnited States v. Rahimi. Sarah and David break down the decision before getting to a few sleeper cases from the day.The Agenda:

—“Y’all misunderstood Bruen”

—History is instructive, not binding

—18th-century policy vs. 21st-century problems

—The future of gun control

—“Bad man stays in jail” doctrine

—Trump’s SCOTUS nominees in a second term

—“SCOTUS should have never taken Rahimi”

—Sleeper cases

Show Notes:

—Sarah’s “bad man stays in jail” tweet

—Chris Hayes’ tweet

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Squirrely Religious Expression Jun 20, 2024

Show notes

Awaiting a week full of emergency pods, Sarah and David discuss latest round of SCOTUS opinions and take a look at a religious expression case.

The Agenda:

—Your foreign earnings are taxable

—Malicious prosecutions, do they fall under the charge-specific rule or any-crime rule?

—The Fifth Circuit was wrong

—Defining expert testimony

—Louisiana's Ten Commandment's law

Show Notes:

—Georgia Tech sued over speech code

—History of the Lemon test

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Living Anachronism Jun 18, 2024

Show notes

Sarah and David discuss how the media’s focus on outcomes ignores the Supreme Court’s complexity and restraint. Plus: tips for the lawyer ready to quit.

The Agenda:

—Bump stocks and executive overreach

—Upcoming SCOTUS cases

—Who’s the least powerful justice?

—Hidden ideological diversity in SCOTUS

—DOJ’s enforcement of the FACE Act

—How to quit your law firm: tips on professional risk management

Show Notes:

—Vidal v. Elster

—Empirical SCOTUS’ Power Index

—Mifepristone case

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The Consensus Court Jun 14, 2024

Show notes

David Lat takes over the guest chair and joins Sarah to discuss recent SCOTUS decisions.

The Agenda:

—SCOTUS bumps bump stock case to Congress

—Lily Ledbetter and the last time Congress did their job

—Mifepristone decision

—Trump too small? Maybe, but you can’t trademark it

—Justice Gorsuch and Justice Jackson’s playful relationship

—NLRB and defending the administrative state

—Justice Alito is secretly recorded

—Young Thug’s messy court trial

—Predicting SCOTUS decisions

—Sentencing and appeals in the Hunter Biden saga

Show Notes:

—Peggy Noonan’s response to Alito-gate

—David Lat and "underneath their robes"

—The Mo News Podcast

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Offensive T-Shirts Get Their Day in Court Jun 11, 2024

Show notes

Sarah and David discuss the laws of war in response to Israel’s successful hostage rescue operation in Gaza before turning to the latest First Amendment drama from the 1st Circuit.

The Agenda:

—Laws of war and the Israeli hostage rescue operation

—Materially disruptive speech and t-shirts

—Health check on the Constitution

—Far-right says freedoms are under attack

Show Notes:

—David’s critique of Israel in the NYT

—Angry cheerleader case

—Justice Brennan opinion in 1970s book banning case

—Tinker v. Des Moines

—The Mo News Podcast

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The 3-3-3 Body Problem Jun 07, 2024

Show notes

No Rahimi decision yet … but Sarah and David have the next best thing: math! The two dive into Sarah’s recent POLITICO piece in which she and Dean Jens used data to analyze the Supreme Court.

The Agenda:

—The three-body problem

—Was Dobbs v. Jackson Women's Health Organization radical?

—Moneyballing the court

—“Right to counsel” at the 9th Circuit

—Racial discrimination in contracting

—Test cases are test cases

—Judge Newsom’s “unusual” concurrence

—Judge Easterbrook on fonts

—The health of the Constitution

Show Notes:

—Truck Insurance Exchange v. Kaiser Gypsum