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

Can Marijuana Users Be Barred from Owning Guns?

March 5, 2026 • 66 mins
Sarah Isgur and David French break down United States v. Hemani, a Second Amendment case involving an alleged user of a controlled substance in possession of a gun. They then discuss two interim docket decisions, one on elections and congressional districts, and one on parental rights and substantive due process.The Agenda:–Guns and drug use–Downtown Bonkers Town–Interim Docket: California Parental Rights–New York Redistricting Eme...
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Trump Bypasses Congress on Iran

March 3, 2026 • 89 mins
Sarah Isgur and David French debate whether President Donald Trump's military action against Iran requires congressional authorization, explore the constitutional limits of presidential power, and argue over which version of James Madison deserves our respect. The Agenda:–Housekeeping: corrections, good causes, and collaborations–Legalities of interventions in Iran–Abrielle skips school to talk about the Hometown Program–Sarah los...
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The Immunity Episode

February 26, 2026 • 64 mins
Sarah Isgur and David French dive deep into the world of immunities, examining recent Supreme Court decisions and their implications. They discuss State of the Union attendance patterns, analyze a postal service immunity case that split along unexpected ideological lines, and explore the contrasting jurisprudential approaches of Justices Gorsuch and Kavanaugh across different administrations. The Agenda:—State of the Union attenda...
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What’s Next After Friday’s Tariff Decision?

February 24, 2026 • 74 mins
Sarah Isgur and David French record live at Florida State University and further examine the Supreme Court’s major tariff decision, examining Justice Kagan’s consistency argument, debating the Major Questions Doctrine with Justice Gorsuch’s concurrence, and analyzing Justice Kavanaugh’s dissent on executive power in foreign affairs. The Agenda–Analyzing Kagan’s argument–Deep dive into statutory interpretation approaches–Footnote b...
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Supreme Court Strikes Down Trump Tariffs

February 20, 2026 • 47 mins
In this emergency episode, Sarah Isgur and David French break down the Supreme Court’s historic 6-3 decision striking down President Donald Trump’s tariff authority under IEEPA. The Agenda:– The 6-3 decision–Chief Justice Roberts’ straightforward opinion–Major questions doctrine explained–The Festivus Concurrence begins–The refund mess–Why this is the most important case Show Notes:–Quick Thoughts on the Tariff Decision–Supreme C...
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Justice Alito’s Next Moves

February 19, 2026 • 63 mins
Sarah Isgur and David French are in Dallas, Texas, at Southern Methodist University’s Dedman School of Law to discuss Justice Samuel Alito’s potential next moves, the alternative to federalism, and attorney-client privilege in AI. The Agenda:–Justice Alito’s book release has raised eyebrows–Judge Amul Thapar, fitness influencer–A question from the best history teacher ever–Can the courts subpoena my AI activity?–David French v. AI...
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Naw Dawg to the DOJ

February 12, 2026 • 60 mins
Sarah Isgur and David French discuss another set of Trump administration indictments rejected by a grand jury, the memo from Chief Judge Jeffrey Sutton of the 6th U.S. Circuit Court of Appeals dismissing the complaint against U.S. District Judge James Boasberg, and finally, Grifter Sarah comes out to play in the Texas Senate race.The Agenda:–The DOJ’s dropping success rate with cases–David goes meta–Are AUSA positions worth it?–DOJ...
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Will SCOTUS Show Its True Colors?

February 10, 2026 • 64 mins
Hot takes from James Comey, the 5th Circuit weighs in on habeas corpus petitions, and does being a lawyer suck? Sarah Isgur and David French weigh in. Note: SCOTUSblog is hiring. Find more details and apply at this link, or send a cover letter and resume to scotusblog@thedispatch.com. The Agenda:–Introducing the Interim Relief Docket Stat Pack–Where are all the U.S. attorneys?–Supreme Court allows California to use congressional ...
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Quasi-Hypotheticals

February 5, 2026 • 66 mins
Sarah Isgur and David French investigate the case of Don Lemon and the church disruptors. Plus: Trump sues Trump and two circuit court split decisions. The Agenda:–Chess, the musical—What are these clerks going on about?—Trump v. IRS—The issue of selective admissions policies—Compelled speech and pronouns in school–Taking bets on the tariffs decision Note: SCOTUSblog is hiring. Find more details and apply at this link, or send a ...
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Blaming the Judiciary

February 3, 2026 • 63 mins
Sarah Isgur and David French are hosted by the Rockefeller Center for Public Policy and Social Sciences at Dartmouth to discuss the United States at 250 and where the Supreme Court stands today.Pre-order Sarah’s book: Last Branch Standing: A Potentially Surprising, Occasionally Witty Journey Inside Today's Supreme CourtThe Agenda:—The Swing Justice era of the court is the exception—Thank you Justice Kagan for free tampons—Legal soc...
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What’s Next for TikTok

January 29, 2026 • 59 mins
Sarah Isgur and David French explore the intricate legal landscape surrounding the TikTok deal and its compliance with the ban or sale law. Then, they delve into the Federal Tort Claims Act, and review a few circuit court cases. The Agenda:–TikTok sale is complete–First Amendment and content moderation–Federal Tort Claims Act overview–Meth and the Second Amendment–Where can I bring my gun in Maryland?–Advice for aspiring lawyers ...
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Analyzing ICE Shootings

January 27, 2026 • 61 mins
Sarah Isgur and David French discuss the differences between the fatal shootings of Renée Good and Alex Pretti in Minneapolis and invite Orin Kerr, professor of law at Stanford Law School, to talk about judicial and administrative warrants. The Agenda:–Comparing the two ICE shootings–Supremacy Clause and federal cases–Fourth Amendment rights–Racial gerrymandering in Texas–Answering our favorite listener’s question Show Notes:–Sup...
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Is Lisa Cooked?

January 22, 2026 • 61 mins
Sarah Isgur and David French break down Paul Clement’s “thousand duck-sized horses” argument before the Supreme Court in the Trump administration’s case over the firing of Lisa Cook, and what it means for for-cause removal at the Federal Reserve.The Agenda:–Paul Clement the GOAT–Prediction: Lisa Cook will stay–The conservatism of the Supreme Court and MAGA’s legal movement–Going “full Taft”–Tropic Thunder detour, for some reason–Gu...
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Vampire Rules and The Satanic Temple

January 20, 2026 • 74 mins
Sarah Isgur and David French explain the latest developments in Lisa Cook's case challenging her firing from the Federal Reserve’s Board of Governors and a challenge to Hawaii's "vampire rules" regarding concealed carry. The Agenda:—Lisa Cook Federal Reserve case—Hawaii's "vampire rules"—Geofence warrants and Fourth Amendment—True Threats Doctrine—Commerce Clause and federal power—Satanic Temple and abortion rights Advisory O...
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Must and May

January 15, 2026 • 73 mins
Sarah Isgur and David French discuss lengthy, consolidated Supreme Court arguments from Idaho and West Virginia over state laws banning transgender athletes. The Agenda:–Supreme Court appears likely to uphold transgender athlete bans–Court finds police properly entered man's home despite absense of warrant–SCOTUS allows challenge to mail-in ballots–Lindsay Halligan’s ‘gross abuse of power’?–Should judges pack heat?–Sarah Isgur’s f...
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The Conservative Warren Court of Today

January 13, 2026 • 71 mins
Harvard law professor Richard Re discusses the evolution of the Supreme Court from the Warren court to the present day, highlighting the historical context of the court's decisions, the role of swing justices, and the current dynamics of originalism and textualism in judicial interpretation.The Agenda:—What is the conservative Warren court?—Reversal in power dynamics—The swing justice era—The Roberts court has the lowest rate of ov...
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Supremacy Clause Immunity, Explained

January 9, 2026 • 64 mins
Sarah Isgur and David French return for a bonus episode on the Minneapolis ICE shooting and explain the concept of Supremacy Clause immunity. The Agenda:—Corrections from Thursday's episode—How to analyze police shootings—Federalism and the Supremacy Clause—Federal officer removal—Broader impacts of police violence—Bowe v. United States—Church autonomy and employment law Advisory Opinions is a production of ⁠⁠The Dispatch⁠⁠, a...
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Prosecuting Foreign Leaders

January 8, 2026 • 57 mins
David French and Sarah Isgur discuss the legal arguments underpinning the arrest of Nicolás Maduro and dive into a legal challenge to mandatory diversity and inclusion training. The Agenda:—Can we and should we arrest foreign leaders?—Official acts and sovereignty—Military response vs. legal prosecution—How real is international law?—Legal argument for regime change—Trump v. United States—Compelled speech in mandatory training—Q...
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The Legality of U.S. Operations in Venezuela

January 6, 2026 • 58 mins
David French is joined by David Lat to explore the legality of the Trump administration's arrest of Venezuelan President Nicolás Maduro and President Trump's recent loss at the Supreme Court over his mobilization of the National Guard. The Agenda:—Can we arrest foreign leaders?—Compliance with international law—The arrest of Manuel Antonio Noriega—Presidential authority and war powers—Trump v. Illinois—National Guard mobilizatio...
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Merry Christmas to the State Courts

December 25, 2025 • 63 mins
Sarah Isgur sits down for a live recording at the U.S. Chamber of Commerce with Florida Supreme Court Chief Justice Carlos G. Muñiz, Texas Supreme Court Justice Evan A. Young, and District of Columbia Court of Appeals Judge Joshua Deahl to talk legal philosophy, the state of civil justice, and the challenges that appellate justices face in an ever-more-litigious United States. The Agenda:—Why state courts matter—Texas’ new Busines...
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