Advisory Opinions

Apr 10 2025 528 ep. 71 mins 5.5k
Advisory Opinions Podcast artwork

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.

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The Rights of Deportees

Apr 10 2025 57 mins  
Sarah Isgur and David French examine detainees’ rights and habeas corpus before reacting to the Season 3 finale of White Lotus. The Agenda: —Gitmo: Hamdi and Rasul —Legal status of El Salvador detainees —Courts and human rights —The Associated Press' fight for free speech —White Lotus and evolutionary psychology —Friend groups should have even numbers Advisory Opinion

🚨 Trump (Kind Of) Wins On Alien Enemies Act

Apr 08 2025 43 mins  
Sarah Isgur and David French review the Supreme Court’s emergency decision on the Trump administration’s use of the Alien Enemies Act. The Agenda: —Due process matters —The clean hands problem —More forum shopping —What is “reasonable notice”? —Firing probationary workers —Amy Coney Barrett and John Roberts are the new swing votes Advisory Opinions is a producti

Justice Barrett's RICO Revolution

Apr 08 2025 91 mins  
Sarah Isgur and David French explain how the tariff power may make its way to the Supreme Court as a “major question” and debate the ethics of arguing in front of your children. The Agenda: —IEEPA, explained —SCOTUS on USAID freeze —Make vaping great again —The most OCD employee —Natural law is real —In defense of legal activism —How to argue in front of your chil

Evangelizing vs. Proselytizing

Apr 03 2025 62 mins  
Sarah Isgur and David French discuss Wisconsin's unemployment tax case, which touches on the intersection of religious liberty and legal standards. When is an institution operating primarily for religious purposes? The Agenda: —We don’t cover internet beefs —Trump v. All —Can Catholic Charities keep its tax-exempt status? —Wisconsin Supreme Court races are vicious and cru

Aliens and Enemies

Apr 01 2025 73 mins  
Sarah Isgur and David French review the Trump administration’s latest executive order targeting law firms, the legal challenge against the White House’s invocation of the Alien Enemies Act, and the problems surrounding universal injunctions. The Agenda: —David’s dangerous brush with nature —Trump’s non-strategic executive orders against law firms —Can the courts re

Second Amendment v. Ghost Gun Ban

Mar 27 2025 87 mins  
Sarah Isgur and David French discuss the Supreme Court’s ruling to uphold the the ban on ghost guns. Is it really about the Second Amendment? Sarah and David are then joined by Gregg Costa—partner at Gibson Dunn and former Fifth Circuit judge—to explain the issue with universal injunctions and forum shopping. The Agenda: —I ain’t afraid of no ghost (gun) —A big week f

Betrayal of the Law Firms

Mar 25 2025 75 mins  
Sarah Isgur and David French give us an update on the Paul Weiss legal drama and the frontal attacks on the law firm from the Trump administration. Plus, video dissents and a bill tackling injunctions. The Agenda: —The deal —The Texas Lawbook responds to Trump administration —Skadden Arps and the backlash —Paul, Weiss chair's Sunday afternoon memo —Dinesh D'Souza, for som

Do You Have ‘Parental Rights’?

Mar 20 2025 73 mins  
Sarah Isgur and David French discuss Chief Justice John Roberts’ recent rebuke of President Donald Trump and the proper way to criticize a court’s opinion. The Agenda: —Judicial independence and integrity —Orin Kerr and Michael C. Dorf debate —The “confusing” McDonnell Douglas framework —Parental due process rights —Age restrictions on the 2A —Free speech for pr

Is Trump Going to War Against the Rule of Law?

Mar 18 2025 115 mins  
In this less-than-cheerful episode, Sarah Isgur and David French discuss threats to the judiciary external and internal, exploring the Trump administration’s legal maneuvers against law firms and drawing parallels to historical events like the Alien and Sedition Acts. The Agenda: —SCOTUS Update: All B cases —A judge’s gamesmanship on birthright citizenship —Leave Justice

Humphrey’s Executor

Mar 13 2025 61 mins  
Live from the University of Michigan, Sarah Isgur and David French are joined by law professors Josh Chafetz, Aaron Nielson, Jennifer Mascott, and other special guests, to explain Humphrey's Executor and the executive power of removal. The Agenda: —Myers v. United States —Humphrey's Executor v. United States —Peekaboo —The “illimitable power of removal” —Was Madison r