Advisory Opinions

The Agenda: —Christmas is canceled for the legal teams working on the TikTok case —Why in the world did Yashar Ali get the Federalist Society leak? —Justice Jackson and 'Juliet' drama —ERA DOA —It's an ethics violation to question the ethics of a Supreme Court Justice Show Notes (assigned reading for next episode): —Origins Part 1 —Origins Part 2 —Origins Part 7 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Everything’s bigger in Texas, including court disagreements. Sarah Isgur and David French discuss Fifth Circuit drama with an eye toward a Ken Paxton lawsuit. The Agenda: —Taxes, the First Amendment, and Catholics —SCOTUS takes a gamble with seating —Ken Paxton's abortion lawsuit —Diversity quotas and the SEC —En banc-ers —Donny gets $15 million —Senior status … sike! —Bring back booze anniversary 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

This jam-packed episode features Sarah Isgur and David French dissecting the latest Supreme Court opinions, judicial retirement rumors, and the evolving era of marijuana banking. Plus: Did we push David to his limits? The Agenda: —Retirement rumors —Revoking visas and sham marriages —Parental rights in schools —The spirit of Aloha stands —Dismissing Nvidia —Marijuana banking —Corrections! Two of them! —U.S. v. Approximately Two Dogs —Motion to determine lunch spot 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David are joined by Tennessee Attorney General Jonathan Skrmetti to break down United States v. Skrmetti and what it might mean for the future of gender-transition treatment for minors. The Agenda: —How Skrmetti became an AG —United States v. Skrmetti —The Cass Review —The Gorsuch silence —The Equal Protection Clause’s scope —TikTok ban —The flagship debate Show Notes: —Vanderbilt professor’s amicus brief Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David break down the recent case before the Supreme Court regarding flavored vapes before finally getting to that “invasion”question and what it means for birthright citizenship. The Agenda: —“Government gangsters” —Pardon of Hunter Biden —Hunter is “rewriting history” —Narcing on your youth pastor —FDA vs. flavored vapes —Invasion at the southern border? —Birthright citizenship Show Notes: —Fifth Circuit 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah Isgur and David French discuss President Joe Biden’s decision to pardon his son Hunter, dive into President-elect Donald Trump’s plan to appoint Kash Patel to lead the FBI, and explore whether there’s a meaningful difference between anti-Zionism and antisemitism. The Agenda: —Friend of the ’cast —Biden pardons Hunter —Amend the Constitution! —Joe Biden ain’t nice —What to do about Chris Wray —Sarah is George Will —Is Kash Patel insignificant? —Next topic, Jews! —SCOTUS in favor of vaping —Heroic woman, sad dog, and a Gorsuch-Sotomayor match Show Notes: —Jonathan Chait on Biden pardon —Republicans pounce! —Sarah Isgur on 'This Week' 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Can Elon Musk colonize Mars? Or, even more challenging, can he take down the administrative state? Sarah and David take a look at his roadmap for the Department of Government Efficiency (DOGE) and debate the likelihood of regulatory reform. The Agenda: —Legal questions for the Trump 2.0 administration —Will DOGE work? —Unitary executive magic wands —Honoring James Garfield’s memory —Challenging birthright citizenship —Stepchild of the First Amendment: Commercial speech —Marihuana case —Gravity is the weakest force 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David respond to off-the-wall comments and the controversy surrounding Matt Gaetz’s appointment, insights from the Federalist Society convention, and the dynamics of Supreme Court nominations. The Agenda: —Can we all chill? —Likely Trump picks for SCOTUS vacancies —Reverse engineering use of force —There are only two genders? —Sorry, no 10 Commandments in schools —CEQ lacks statutory authority (this is a big deal) —Austin school district gets sued Learn more about Burford Capital here: burfordcapital.com/AO 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

In a special emergency Advisory Opinions/Dispatch Podcast crossover, Sarah, David, and Steve react to Donald Trump’s Cabinet picks so far, break down the constitutionality of recess appointments, and Sarah offers a ... controversial take on the Matt Gaetz pick. The Agenda: —Tale of two Januaries —The Gaetz report —Recess appointments —Justice Scalia on recess appointments —Sarah’s defense of Gaetz Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah sat down with Judge James C. Ho at The Dispatch Summit on November 12 for an in-depth conversation about key legal issues, including the legitimacy of the courts, judicial ethics, and the principles of birthright citizenship. The Agenda: —Cancel culture —Originalism —Elephants in Mouseholes —Court legitimacy —Judicial filibusters —Ethics of gifts —Birthright citizenship —First Amendment —Good judicial qualities Show Notes: —Judge Ho’s letter on cancel culture —Essay No. 1 (1787) —Professor Fitzpatrick's reflection on reversals —Justice Alito’s flags —Defining "American" 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David kick off the podcast with a discussion on the Vacancies Reform Act and its role in the next administration before turning to gender politics and a case related to a broken engagement. The Agenda: —Tennessee transgender rights case set for December —Rules of engagement —Defaming Project Veritas —First Amendment case on gender pronouns 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Following this week’s election, Sarah and David explain what will happen next with the criminal cases against Donald Trump and review potential Supreme Court shortlisters. The Agenda: —Criminal cases against Trump —Civil cases against Trump —Supreme Court nominations —Who will retire? —“Now let him enforce it” —How will the left respond? 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David kick off the podcast with (boring?) questions the Supreme Court will seek to answer this term before turning to two very American cases about education, religious schools, and guns. The Agenda: —Last week's AO episode —David Lat, we do this podcast with joy —Questions before SCOTUS —Loffman v. California Department of Education —Hanson v. District of Columbia 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Today’s all about election law. That’s it. Get ready. Pennsylvania, Virginia, Nevada, Michigan, and Mississippi. The Agenda: —We can’t fix stupid, but we can give it a court date —Submit your best lawyer jokes —Subpoena-colada! —Apostrophe-gate —Did the Pennsylvania Supreme Court get it wrong? —Virginia purging voter rolls —RFK Jr. on Michigan ballot —Nevada Supreme Court and postmarks —History of absentee ballots —The Washington Post fiasco —January 6 cases Show Notes: —Supreme Court on purging voter rolls —Caperton v. Massey —Jeff Bezos’ letter 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David discuss the battle over the federal courts and how the upcoming presidential election might affect the circuits’ makeup. The Agenda: —Two visions of the federal courts —The growing conservative legal movement — A SCOTUS justice's Oxford thesis from 1983 —Mapp v. Ohio —Utah v. Strieff —Are petitions to recall public officials unconstitutional? Show Notes: —George W. Bush's first inaugural address 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David discuss the latest voting trends and break down recent cases related to election law. They overview the legal nuances and explore the implications of potential rulings for the upcoming election. The Agenda: —Anti-absentee voting? —The legality of Elon Musk’s “raffle” —Virginia lawsuit —Texas death penalty case —Electoral College and slavery —Filibuster impact 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David preview how the 2024 election might play out in the courts. But first, the two revisit their conversation with Leon Neyfakh. The Agenda: —Electoral Count Reform Act —Guardrails to prevent partisan manipulation —Ballot harvesting —File them lawsuits! —History of the Electoral College —Increasing the size of the House —David: I Don’t Want to Live in a Monoculture Show Notes: —Report on University of Michigan DEI programs 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David are joined by Leon Neyfakh—host of Fiasco podcast and co-creator of Slow Burn—to explain what really happened in December of 2000 when the Supreme Court halted the Florida recount. The Agenda: —Butterfly ballots —Dimpled, hanging, and pregnant chads —Independent state legislature theory —Who would’ve won anyway? —Elián González —The Brooks Brothers riot —Was Bush v. Gore cynical? —Two First Amendment updates Show Notes: —Fiasco on Bush v. Gore —A Statistical Assessment of Buchanan’s Vote in Palm Beach County —Bush v. Gore oral arguments —Bush v. Palm Beach County Canvassing Bd. 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David break down two cases from the Supreme Court's recent oral arguments and take questions from Columbia Law students. The Agenda: —Can the ATF regulate gun kits? —Is a salad kit a salad? —Death penalty case in Oklahoma —Bad writing from the Oklahoma Supreme Court —Racist Penn professor —Audience 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Judge Roy Altman joins Sarah and David at Duke University School of Law. Note: The opinions expressed on this podcast do not represent Duke (who would have thought that anyways?). The trio discuss Altman’s trip to Israel and legal troubles the country has in defending itself. The Agenda: —The intersection of law and military operations —Proportionality as legal principle in armed conflict —How Hamas’ tactics complicate the legal landscape of military operations —Tire chalking! And Fourth Amendment issues —Don’t erase David's identity, SarahShow notes: —Judge Roy Altman’s first appearance on AO —NYU Law Review article on tire chalking —Advisory Opinions live at UNC 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 Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices