Advisory Opinions

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

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 sex-change surgeries—Trump’s use of Alien Enemies Act—Predatory incursion vs. invasionShow Notes:—How Originalism Killed the ConstitutionAdvisory 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 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 racial equity. But according to Driver, both perspectives miss the mark. The Agenda:—DMing Pam Bondi?—Brendan Carr weaponizing the FCC—‘I sued the Obama administration.’—Victimization and mismatch in affirmative action arguments—SFFA and race neutral mechanisms—The future of race-neutral policies Show Notes:—The Morning Dispatch on the FCC 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 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 Agenda:—Will hate speech be prosecuted?—Partisan divides on the interim docket—Listener insights on delegated powers—Elite law schools and Rehnquist v. Souter clerk hiring—Granting mootness on a SCOTUS case—The oldest constitutional question—Originalism and the 10th Amendment 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

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 Carolina v. Doe 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

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 decision on immigration stops in L.A. Show Notes:—Orin Kerr on Los Angeles immigration enforcement case 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

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 arguments even matter anymore?—All about originalism—Life as a Justice Antonin Scalia clerk—Law school: to go or not to go? 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

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 political figures—Cracker Barrel—State of the conservative legal movement 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 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 Agenda:—President Trump's executive order—Texas v. Johnson—Dinkus vs. Dingus—Greenbag.org—NIH v. American Public Health Association—Intro to constitutional law for non-lawyers 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 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 more norm violations—The double-edged sword of pardons 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 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 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 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 claps alone for the 6th Circuit—The physics of guns and “bad man stays in jail doctrine”—Navigating failures in legal careers—Answering audience questions 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

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 and David French 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

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—‘His errors were symmetric’—Harriet Beecher Stowe: America’s first female superstar Show Notes:—Read "Brothers In Law" Learn more about your ad choices. Visit megaphone.fm/adchoices

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? Show notes:—SCOTUSblog coverage of Louisiana v. Callais—Allen v. Milligan Learn more about your ad choices. Visit megaphone.fm/adchoices

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 Jobson’s podcast Learn more about your ad choices. Visit megaphone.fm/adchoices