Advisory Opinions

Sarah Isgur and David French break down Defense Secretary Pete Hegseth’s military orders on the suspected drug-trafficking boats in the Caribbean. The Agenda:—Breaking down Hegseth’s orders—Catch our live AO episode next Monday!—Bloomberg law’s documentary—A.J.T. v. Osseo Area Schools, Independent School District—Frivolous lawsuits—Sidelining Alina Habba—President Trump’s last criminal case dismissed—Catch up on our last podcast Show Notes:—Jonathan Adler: Is the 4th Circuit the new 9th Circuit?—9th Circuit Judge Patrick Bumatay’s speech at the Federalist Society Convention 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 access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah Isgur invites Adam White, co-director of the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State, to identify the major administrative law issues on the horizon in the next five to 10 years. The Agenda:—The Roberts Court and the Trump Term—The legislative veto—Immigration and Naturalization Service v. Chadha—Decline of congressional power—Supreme Court reform and the future of judicial powers Show Notes:—Adam's currently nameless newsletter at AEI—Adam's column at SCOTUSblog—The Foreshadow Docket—Is Humphrey’s Executor headed for Slaughter? 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 access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah Isgur and David French provide an update on the Texas redistricting case and criminal charges against former FBI Director James Comey and New York Attorney General Letitia James, before moving on to recent grant, vacate, remand (GVR) orders. The Agenda:—Grand jury indictment update—Texas redistricting—GVRs, confrontation clause, and party presentment—SCOTUS doesn't move to end birthright citizenship—Metering at the border—Ruth Bader Ginsbird —Join our livestream analyzing Trump v. Slaughter on December 8 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 access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah Isgur and David French react to Judge Jerry Smith's unconventional dissent in the legal challenge against the Texas GOP redistricting effort. Also: James Comey may catch a break after U.S. Attorney Lindsey Halligan's presentation before the grand jury exposed amateurish errors. The Agenda:—Sudafed as an enemy—Judge Jerry Smith's dissent—Redistricting challenges in Texas—Comey's case and grand jury proceedings 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 access to all of our articles, members-only newsletters, and bonus podcast episodes—⁠click here⁠. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member ⁠by clicking here⁠. Learn more about your ad choices. Visit megaphone.fm/adchoices

What does a federal firearm prohibition and a hate crime have to do with the Commerce Clause? Sarah Isgur and David French look at the constitutionality of two cases and whether the Supreme Court will accept a challenge to the law. Plus: Jonathan Karl, author of Retribution: Donald Trump and the Campaign That Changed America, joins the pod to discuss Donald Trump’s legal challenges during the 2024 campaign. The Agenda:—Ken Burns’ latest documentary—United States v. Lopez—U.S. appeals court upholds hate crime convictions—Reason: Is the Federal Prohibition on Felon Firearm Possession Constitutional?—The final act of the Trump Show—The New York indictment as Trump’s campaign stage We’re running a listener survey, which you can find at thedispatch.typeform.com/podcast. Show Notes:—Listen to our Dispatch Podcast interview with Jonathan Karl, Steve Hayes, and Declan Garvey 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 access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah Isgur and David French do a deep dive into the nondelegation clause and the role of Congress in delegating authority. The Agenda:—CLE credit now available in Texas for our tariffs livestream—Dave Portnoy and disturbing the peace charges—Nondelegation doctrine primer—The Case of Mr. Pheasant—What is structural constitutionalism?—Justice Gorsuch's legacy—Court to consider prison inmate’s religious liberty claims—Legal scenarios around service member participation in strikes outside Venezuela We’re running a listener survey, which you can find at ⁠thedispatch.typeform.com/podcast⁠.  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 access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah Isgur and David French recap the Federalist Society's antisemitism panel at last week's National Lawyers Conference before interviewing Judge Jennifer Elrod about the judicial funding crisis.  The Agenda:—Court denies review on Obergefell—Contrasts between Tucker Carlson and the Federalist Society—Supreme Court sides with Trump administration on sex designations on passports—The president issued pardons for Rudy Giuliani, John Eastman, et al.—Ohio school pronoun policy likely violates First Amendment—A federal judge retires—A shutdown going on since July 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 access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Following the Supreme Court oral arguments in President Donald Trump’s tariff case, Learning Resources Inc. v. Trump, Sarah Isgur is joined by David French, David Lat, and Latham & Watkins LLP partner Roman Martinez to explain where the legal battle will go from here. SCOTUSblog’s Amy Howe also joins from the steps of the Supreme Court to relay her observations from inside the courtroom. Watch the livestream here.  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 access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah Isgur and David French preview the biggest Supreme Court case of the term, Learning Resources, Inc. v. Trump, which challenges President Donald Trump’s power to impose sweeping tariffs on virtually all goods imported into the United States. For additional analysis, join the SCOTUSbloglive blog on November 5 at 10:00 a.m. ET. The Agenda:—How to get CLE credit by listening to Advisory Opinions—Laying the groundwork for Trump's tariffs case—Divided liberal justices—National Guard deployment to Chicago on the interim docket—Sex markers on passports—Justices aren't policy experts Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah Isgur and David French walk listeners through the entire history of the Constitution, the Supreme Court, some of the biggest cases ... all prompted by one listener question. Plus: Grifter Sarah makes a reappearance. The Agenda:—Understanding substantive due process—Supreme Court to consider whether to hear challenge to same-sex marriage on November 7—Dred Scott v. Sandford being the worst decision ever—Scaring our libertarian friends with Slaughter-House cases—The dissent everyone knows was right—Liberty to brutally oppress your workers—‘Grown-ass men’ and their group chats—The Based Ritual 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 access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah Isgur and David French discuss the Eighth Amendment in light of a prisoner’s request to die by firing squad. But first, join us for a livestream analysis of Learning Resources, Inc. v. Trump, the case that asks whether the International Emergency Economic Powers Act authorizes the president to impose tariffs. (Click on SCOTUSblog's oral arguments page for updates.) The Agenda:—National Guard in Portland—Eliminating horizontal stare decisis—A defense of the spoils system—Who should argue in the tariffs case?—Did we get immigration wrong for the entire Biden administration? 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 access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah Isgur and David French discuss a case before the Supreme Court that will consider whether pot smokers can legally own guns. The Agenda:—F*** monetary policy—https://hasthesupremecourtfixedqualifiedimmunitydoctrineyet.com/—Bad facts case—Can the police enter your home without a warrant?—Is there a rebellion in Chicago?—Trump demands $230 million from the DOJ—Helen Andrews and not wanting women in the legal field for some reason—Women murdering their husbands and Gobitis 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 access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah Isgur and David French kick off Free Speech Week at the University of Texas School of Law to talk about the confusion around Callais oral arguments, “Let's Go Brandon,” and the John Bolton indictment. The Agenda:—Let's Go Brandon—“Everybody seems to be having a good time”—No one understands Callais—Lawfare and selective prosecutions—Q&A! 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 access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah Isgur and David French dive deeper into Chiles v. Salazar, the case argued before the Supreme Court last week about banning conversion therapy for minors, before analyzing the James Comey and Tish James indictments. The Agenda:—Chiles v. Salazar—Tish James and mortgage fraud: Do the facts hold up?—Update on the James Comey indictment—Suing USPS over not delivering mail—Denying review in a death penalty case—Sarah says Seila correctly 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 access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Live from Vanderbilt University, Sarah Isgur and David French speak at the Global Free Speech Summit about the threats to the First Amendment across the country and what Republicans can do about it. The Agenda:—Ball State University employee fired after Charlie Kirk Facebook post—Has NYU learned its lesson? (Apparently not)—The Trump administration, Apple, and speech vs. conduct—Conor Friedersdorf: What Republicans Can Do If They Really Want to Protect Free Speech—David coming out against well-rounded children 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 access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Editor’s Note: This episode was previously uploaded with the incorrect audio. We apologize for the error. Sarah Isgur and David French kick off the episode by examining a conversion therapy case before the Supreme Court—one that, surprisingly, few seem to be talking about. Where are the sensational headlines claiming that the rights of LGBT youth are under direct threat, or that religious freedom is on the verge of extinction? The Agenda:—‘Independent as hogs on ice.’—Chiles v. Salazar—Viewpoint discrimination in therapy—Justice Sonia Sotomayor's interesting hypothetical—‘There are multiple failures of IQ tests that have led to this moment.’—Mail bag!—State courts v. federal courts 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 access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah Isgur and David Lat cover the Supreme Court's long conference and react to the sentencing of Justice Brett Kavanaugh's attempted assassin. The Agenda:—Ghislaine Maxwell's appeal rejected—Missouri gun laws—Hawaii's "Spirit of Aloha" gun laws—Fifth Amendment takings clause—Sentencing of Justice Brett Kavanaugh's attempted assassin—Will Obergefell be overturned? Show Notes:—Advisory Opinions on Hawaii's gun laws—David Lat's Original Jurisdiction 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 access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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, conservative perspective. To access all of The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 tests—Who can quash a subpoena?—Implications of the stay order in the Federal Reserve case Show Notes:—Trump v. V.O.S. Selections—Trump v. Slaughter—Landor v. Louisiana Department of Corrections and Public Safety—Louisiana v. Callais—Little v. Hecox—West Virginia v. B.P.J.—Chiles v. Salazar—National Republican Senatorial Committee v. Federal Election Commission—First Choice Women’s Resource Centers, Inc. v. Platkin—Hamm v. Smith 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 access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 and Abraham Lincoln—Pouring gasoline on MAGA—Dissenting opinions on the Supreme Court—Department of State v. Aids Vaccine Advocacy Coalition Show Notes:—Tuesday’s Morning Dispatch: “Trump’s Politicized Justice Department”—Andy McCarthy in National Review: “The Indictment Against Comey Should Be Dismissed”—Andy McCarthy in National Review: “With More Scrutiny, the Trump DOJ Indictment of Comey Gets Worse”—Anastasia Boden for SCOTUSblog: “The Dissent That Would’ve Criminalized Flag Burning” 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 access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices