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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.

Copyright: © 2022 The Dispatch

Latest Episodes:

The Trouble with 'Text, History, and Tradition' Sep 21, 2023

Show notes

Hello, AO listeners! This episode is a little bit different. Your regular hosts, Sarah and David, are unavailable—Sarah on parental leave, David on the road—so I (David Lat) have conscripted my husband, lawyer and legal commentator Zachary Baron Shemtob, to serve as guest of a guest. Zach shares his (strong) opinions on two hot topics, the Trump gag order and AO listeners’ favorite subject, text/history/tradition. We also cover a noteworthy Sixth Circuit case about the retroactivity of the First Step Act and the big Google antitrust trial. We hope you enjoy this very special episode. Sarah and David will be back next week.

Show notes:

-Kevin and David French on Dispatch Live: Ask Me Anything

-United States v. Carpenter (6th Cir. on retroactivity of First Step Act):

-In Its First Monopoly Trial of Modern Internet Era, U.S. Sets Sights on Google:

-The Google Trial Is Going to Rewrite Our Future:

-David and Zach on Original Jurisdiction:

-Cruel and Unusual: A Podcast on Punishment

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Can Trump Be Gagged? Sep 19, 2023

Show notes

Prompted by Hunter Biden's indictment, David and David go through a slew of second amendment cases to try and figure out which kind of gun control is constitutional. The two also discuss:

-An attempt to get a gag order on Trump

-Friend of the pod smackdown

Show Notes:

-Special counsel asks for 'narrow' gag order for Trump in election interference case

-Are Felon Gun Bans Constitutional?

-French NYT Opinion Article: The Most Interesting Element In The Hunter Biden Indictment

-Calabresi: President Trump Can Not Be Disqualified

-Sweeping and Forcing the President into Section 3

-Professor Akhil Amar, On His Podcast, Responds to Attorney General Mukasey and the Tillman-Blackman Position

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A Different Kind of Impeachment Sep 14, 2023

Show notes

The David and David show looks at Speaker McCarthy's call to open an impeachment inquiry against President Biden. They also break down a big win for the Fellowship of Christian Athletes in Ninth Circuit free speech case. And...

-Trump cases update

-New Mexico Gov v. the US Constitution

Show Notes:

-How Trump’s DOJ gave Biden a major assist on impeachment

-OLC opinion on House vote for impeachment

-Trump Seeks Recusal of Judge in Federal Elections Case

-Trump demands recusal by Judge Chutkan

-Judge Tells Trump to Use Secure Facility for Secret Evidence

-Fellowship of Christian Athletes v. San Jose Unified School District Board

-New Mexico’s governor seems to think it’s okay to ignore the Supreme Court

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Did the Biden Admin Violate the First Amendment? Sep 12, 2023

Show notes

It's a grab bag show for David & David: Mark Meadows takes the L in Fulton County, the Fifth Circuit issues an injunction against the Biden administration, and Argentina is forced to make a $16 billion payout. Plus: Vanessa Oterro, founder of the Media Bias Chart, joins the show to drop some data on why you should definitely keep tuning in to Advisory Opinions.

Show Notes:

-Judge Jones' Ruling in Meadows Case

-Poem David French was referencing (probably)

-Media Bias chart

-Argentina's $16 billion payout

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Courtroom Cams and Elon's Crusade Sep 07, 2023

Show notes

Exciting news from host-in-absentia Sarah Isgur. Partisan gerrymandering. Cameras in courts. David French and guest-host David Lat have so much to cover in so little time. Here we go:

-New arrivals

-Purdue Pharma update

-Should the Trump trials be televised? (The Davids disagree)

-Wisconsin's judicial elections mess

-Alabama's ongoing redistricting wars and systemic racism

-Elon Musk goes after the ADL

Show notes:

-2020 DOJ press release on Purdue Pharma and the Sackler Family

-Just Security on Judge Jones's supplemental briefing order

-Caplan v. Trump (Section 3 ruling)

-Charlie Sykes on the Wisconsin Supreme Court drama

-Singleton v. Allen (Alabama Voting Rights Act case)

-David Firestone on Alabama Voting Rights Act case

-Elon Musk blames ADL for lost revenue (NBC)

-Musk blames Latham for San Francisco’s problems. Huh? (Reuters)

-David French's NYT column on Texas age-verification law

-AO episode featuring Ari Cohn on age-verification laws

-Video version of this episode

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Extraordinary Wits Aug 31, 2023

Show notes

After David Lat is publicly inducted into the AO family by undergoing a fan-based correction, he and David French run through an eclectic mic of legal topics, starting with an update on a heated chess lawsuit. Join the two as they discuss:

-Chess settlesment

-Mark Meadows’ risky testimony

-Amy Coney Barrett’s not so news-worthy comments

-Trump’s trial date conundrum

-Hardball playing out at the North Carolina Supreme Court

-Sackler family’s unpopular bankruptcy appeal via Purdue Pharma

Show Notes:

-Past AO episode on chess lawsuit

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Throwing Trump Under the Bus? Aug 29, 2023

Show notes

The DnD show begins as David Lat returns to co-guest host in Sarah's absence. David and David discuss a strange First Amendment case out of the Fifth Circuit involving terrorism and COVID zombies, and:

-Jan. 6 fake electors case

-Non-delegation at the Sixth Circuit

-Some drama with Big Law

-Breaking News: Trump court date set

Show notes:

Georgia amicus brief opposing removal

Bailey v. Iles (Fifth Circuit free-speech case)

Allstates Refractory Contractors v. Su (Sixth Circuit nondelegation case)

Chris Geidner on Allstates

Jonathan Adler on stare decisis

Perkins Coie complaint

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Consistent Standing Doctrines Aug 24, 2023

Show notes

Will there be a legal and cultural consensus on transgender affirming healthcare? Why don’t female deputies get a full weekend in Dallas County? And what will Sarah’s baby’s name be? Sarah and David explore these questions and a smorgasbord of legal topics in a end of summer circuit round-up, including:

-Merit based and race neutral admissions process in Fairfax County

-Law firms discriminating on basis of race

-Fifth Circuit apocalypse case on mifepristone

-Standing doctrine mess

-9th circuit limiting transgender people’s participation in sports

-11th circuit case on transgender medical care for minors

Show Notes:

-Flagship Podcast Merch

-Sarah and David's Book Club episode

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Coup de Target Aug 22, 2023

Show notes

Can Donald Trump be disqualified from holding public office? Sarah and David host a friendly debate with Michael McConnell, a former circuit judge and current Stanford law professor, over whether Donald Trump “engaged in insurrection or rebellion” or not. Also:

-Hunter Biden plea deal update

-Removal jurisdiction

Show notes-

-Prof. Michael McConnell, Responding About the Fourteenth Amendment, "Insurrection," and Trump

-The Sweep and Force of Section Three

-David's NYT equivalent of a double bird

-NYT: Inside the Hunter Biden Plea Deal

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Frederick Douglass: The Original Originalist Aug 17, 2023

Show notes

Professor Bradley Rebeiro joins Sarah and David to examine Frederick Douglass and the political theories that influenced his thinking. But, before the interview, the two go through a docket of trending political topics, including:

-DC’s picky protest arrests

-A 96-year-old judge’s continued tenure

-Hunter Biden: Deal or no deal?

-Trump’s Georgia troubles, revisited (already)

Show Notes:

-Bradley Rebeiro, Frederick Douglass and the Original Originalists

-Bradley Rebeiro's profile at BYU

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