Advisory Opinions

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.

Episodes

BONUS | Judge Patrick Bumatay Interviews Justice Amy Coney Barrett

October 4, 2025 • 58 mins
Justice Amy Coney Barrett joined Judge Patrick Bumatay at SCOTUSblog's inaugural On the Merits summit at Johns Hopkins University's Bloomberg Center to discuss public scrutiny, swing votes, and recusals.This conversation was recorded on September 25, 2025. Show Notes:—Subscribe to SCOTUStoday Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, ...
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The Supreme Court’s Upcoming Term

October 2, 2025 • 55 mins
Sarah Isgur and David French spend today’s episode reviewing nine cases the Supreme Court will decide during the upcoming term, from the intricacies of tariffs to the legality of conversion therapy. The Agenda:—The tariffs cases—Justice Brett Kavanaugh’s past comments on Humphrey’s Executor—Transgender participation in sports cases—Conversion therapy cases—No love for damage claims—Campaign finance reform—Death penalty and IQ test...
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Selective Prosecutions

September 30, 2025 • 46 mins
Sarah Isgur and David French unpack the indictment of former FBI Director James Comey. What does the case say about the grand jury process, the risks of selective prosecution, and how prosecutors exercise discretion? The Agenda:—Breaking down the indictment—A defense of President Donald Trump directing prosecutorial decisions—Legal precedents—The role of DOJ in executive power—The legacies of Presidents Franklin Delano Roosevelt a...
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Dorm Room Originalism

September 25, 2025 • 69 mins
Sarah Isgur and David French break down the Supreme Court’s latest move: taking up a case before the lower courts have even finished with it. What does that mean, and why now?They also dig into three big rulings from the 11th, 5th, and D.C. Circuits that could have a major impact going forward.The Agenda:—Federal Trade Commission firings—Is Humphrey’s dead?—‘Dorm room Originalism’—Originalism and the Constitution—Healthcare covered...
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The Fall of Affirmative Action | Interview: Justin Driver

September 23, 2025 • 57 mins
Sarah Isgur and David French sit down with Justin Driver, the Robert R. Slaughter Professor of Law at Yale Law School, to talk about his new book, The Fall of Affirmative Action: Race, the Supreme Court, and the Future of Higher Education. They explore the landmark case Students for Fair Admissions v. Harvard, a ruling celebrated by conservatives as a victory for colorblind principles and criticized by progressives as a blow to rac...
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The Oldest Constitutional Question | Interview: Richard Primus

September 18, 2025 • 70 mins
Sarah Isgur and David French invite Richard Primus, author of The Oldest Constitutional Question: Enumeration and Federal Power, to discuss his unorthodox argument that the constitutional system does place limits on Congress, but those limits don’t actually come from the enumeration of powers—and never have. But first: a grab bag of legal cases and responding to Attorney General Pam Bondi’s very anti-conservative remarks. The Age...
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Superhighways of Foreign Influence

September 16, 2025 • 59 mins
In the wake of Charlie Kirk’s assassination, Sarah Isgur and David French explore the evolving battle over free speech and examine modern threats posed by social media. The Agenda:—Rising acceptance of violence in discourse—Student protests and free speech—David’s favorite pro-free speech essay—Understanding stochastic terrorism—Online bots and foreign influence—The implications of Section 230—The assassination’s veto—South Caroli...
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Congress Won’t Contradict Trump

September 11, 2025 • 65 mins
When the president orders a strike, who decides if it’s legal? Sarah Isgur and David French unpack the commander in chief’s powers after a hit on an alleged Venezuelan drug-smuggling vessel. The Agenda:—The laws of armed conflict—Violating the Constitution?—The complexity of terror designation—SCOTUS to decide fate of Trump's tariffs—Interim docket before the emergency docket—Sarah name-drops Jonah Goldberg—SCOTUS interim docket d...
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Listening to a Justice | Interview: Justice Amy Coney Barrett

September 9, 2025 • 65 mins
Supreme Court Justice Amy Coney Barrett joins Sarah Isgur and David French from the Lawyer’s Room at the Supreme Court. They begin with a lightning round of questions (Emergency docket? Certiorari pronunciation?) before diving into ACB’s thoughts on originalism and discussing her new book, Listening to the Law: Reflections on the Court and the Constitution. The Agenda:—Lightning round!—Give up, “equity docket,” David—Do oral argum...
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Free Speech and ‘The Executive Power’ | FIRE Crossover

September 4, 2025 • 76 mins
David French and Sarah Isgur speak with Nico Perrino to discuss the origin story of Advisory Opinions and the few free speech issues where they disagree with the Foundation for Individual Rights and Expression (FIRE). Show Notes:—Origin story of Advisory Opinions—Disagreements between FIRE and AO—Why FIRE doesn’t editorialize on the content of speech—Limits of presidential power—Free speech, the dread of tyrants—The prosecution of...
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When Flag Burning Becomes a Crime | Interview: Sanford and Cynthia Levinson

August 28, 2025 • 59 mins
Sarah Isgur and David French talk about flag burning and protected free speech in the wake of President Donald Trump’s executive order on the same subject. Then, husband-wife duo Sanford and Cynthia Levinson, authors of Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today, join to discuss why they believe some of our contemporary political problems stem from our founding document. The Age...
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Political Retribution? | Interview: Saikrishna Prakash

August 26, 2025 • 60 mins
Sarah Isgur and David French analyze the legalities of the FBI’s raid on former National Security Adviser John Bolton’s home. Then, an interview with Saikrishna Bangalore Prakash on his forthcoming book, The Presidential Pardon: The Short Clause with a Long, Troubled History. The Agenda:—What could have triggered an FBI raid on John Bolton?—Is Chris Christie next on the investigation list?—Mortgage fraud investigations—More and mo...
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Are Age Verification Laws Constitutional?

August 21, 2025 • 54 mins
Sarah Isgur and David French analyze Justice Brett Kavanaugh’s concurrence in the NetChoice v. Mississippi case and whether or not states can enforce unconstitutional laws. The Agenda:—Battle of the irreparable harms—SCOTUS and political battles—Revisiting minors’ First Amendment rights—Dissential battle raging at the 6th Circuit—White House joins TikTok—Let the drag shows continue—Christian Legal Society vs. Martinez Advisory Op...
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Federalizing D.C. | Live From the Alaska Federal Bar Association

August 19, 2025 • 63 mins
Sarah Isgur and David French break down President Donald Trump’s far-reaching use of executive powers—from calling in the National Guard at home to pushing the limits of tariff authority abroad. Then, they continue part two of life advice for lawyers with 9th Circuit Judge Patrick Bumatay. The Agenda:—Sarah and David and Putin, oh my!— “Presence patrols" in the nation's capital”—Trump administration's 28(j) letter—Judge Readler cl...
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Hookers and Kushners | Interview: Chris Christie

August 14, 2025 • 59 mins
Former New Jersey Gov. Chris Christie joins Sarah Isgur and David French to give advice to all young attorneys and aspiring legal professionals. Plus: some war stories from Trump Force One. The Agenda:—Frenemies—Christie’s time as a U.S. attorney—The difference between a podium and a lectern—No class reunions at the White House—We’ve all crashed out at some point—‘I’m not a potted plant’—Should Christie wear make-up?—VeggieTales a...
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Abraham Lincoln, Originalist | Interview: Akhil Amar

August 12, 2025 • 58 mins
Akhil Amar, Sterling Professor of law and political science at Yale, joins Sarah and David for a deep dive into the constitutional battles and amendments that ended slavery, offering a preview of his forthcoming book, Born Equal: Remaking America’s Constitution, 1840–1920. The Agenda:—Exploring originalism and American identity—Our canonical texts—The Second Amendment and originalism—The evolution of constitutional interpretation—...
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Drive-By Rulings | Interview: J. Joel Alicea

August 7, 2025 • 65 mins
J. Joel Alicea, professor at Catholic University's Columbus School of Law, joins Sarah Isgur and David French to discuss race-conscious redistricting. Then, they viciously attack Professor Alicea for thinking text, history, and tradition right. The Agenda:—Congressional acquiescence—Louisiana v. Callais—On questions presented—Bruen Was Right by J. Joel Alicea—The three eras of originalism—Listener email: Has Bruen made any babies?...
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Getting Into Law School | Interview: Miriam Ingber and Kristi Jobson

August 5, 2025 • 72 mins
Sarah Isgur and David French are joined by Miriam Ingber, associate dean of admissions & financial aid at Yale Law School, and Kristi Jobson, dean of admissions at Harvard Law School, to discuss what they’re looking for in applicants. The Agenda:—Who even reviews applications these days?—The influx of applications—AI applications—Up in arms about the LSAT—The role of accommodations—Financial aid decisions Show Notes:—Ingber and J...
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Guns, Gays, and Birthright Citizenship

July 31, 2025 • 65 mins
Sarah Isgur and David French break down a few 9th Circuit cases, including one on gender ideology and free speech rights. Plus, a super sexy snippet on state standing. The Agenda:—First Amendment and foster parents—15 minutes to buy a gun—No background checks for ammunition—Lower courts struggle with text, history and tradition—The hot mess of state standing—What heavy metal band is each Supreme Court justice?—The great profession...
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Will Ghislaine Maxwell Split the Circuits?

July 29, 2025 • 67 mins
Sarah Isgur and David French discuss how Jeffrey Epstein’s ex-girlfriend, Ghislaine Maxwell, is attempting to get out of jail on a technicality. Could a deal with the Department of Justice involving Epstein extend to her? Agenda:—Ghislaine’s team identifies a circuit split—MAGA and the Epstein list—189 days of lawlessness on the TikTok ban—The emergency docket is a mess—Justice Elena Kagan's dissent and the precedential value of i...
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