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Advisory Opinions

The Dispatch

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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Thursday · 1 hr 13 min
Third Time’s the Charm?
Sarah Isgur and David French discuss the Missouri redistricting case now that the 8th Circuit has weighed in. Let’s stipulate that everything is a mess. Then, the two go through a few listener mailbag questions, including controversial school murals, marijuana law, and court packing. The Agenda: –SCOTUSblog coverage on the redistricting case –India’s Supreme Court, standing doctrine, and stagnation –The Rohrabacher–Farr Amendment and David being wrong –Sarah’s favorite sentence and Judge Jeff Sutton –Rage bait: Congress is maybe not the problem –How many justices is too many? Order Sarah’s book 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
September 22 · 1 hr 9 min
Are Marijuana Contracts Legal in Federal Court?
Sarah Isgur and David French discuss the upcoming “long conference” that marks the unofficial start to the new Supreme Court term, a prosecutor being referred to the Department of Justice for obstruction of justice, and a review of several circuit-court cases, including breaches of contract between marijuana-related businesses. Crime versus commerce reaches the courts. The Agenda: –⁠Hello Justice John Marshall⁠ –⁠What is vulgar student speech? ⁠ –“There are only two genders” and race-neutral criteria –⁠Prosecutor referred to the DOJ⁠ –⁠Hash-ing out business⁠ 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
September 17 · 1 hr 4 min
Looking Ahead to the Supreme Court Term
From the SCOTUSblog Summit, Sarah Isgur, David French, and Amy Howe discuss the cases scheduled thus far for the Supreme Court’s upcoming term. The three discuss the most consequential case for the Trump administration, David throws in a Star Wars reference (at the behest of Sarah!), and Amy answers the most important case question correctly. The Agenda: –Decision handed down in Trump’s mail voting case –What case got dropped this term –The most important case this term –Climate change on trial? –Religious liberty and rolling our eyes at Colorado –Is Trump going to win this one? –What’s still to come Order Sarah’s book 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
September 15 · 1 hr 10 min
Barely Averting a Constitutional Crisis
Sarah Isgur and David French debate David’s latest New York Times column on the Missouri Supreme Court blocking a congressional map. Then, the two review two law articles: Andy Smarick of the Manhattan Institute’s elegantly simple piece on unenumerated rights, and University of Virginia law professor Caleb Nelson’s amazing yet horrifying publication on the unitary executive. The Agenda: –Paying tribute to the victims and those who sacrificed their lives on 9/11 –The redistricting fight that favors Democrats in Missouri –Andy Smarick: “How Judicial ‘History and Tradition’ Went Wrong” –Caleb Nelson’s article on the unitary executive –Is a teacher’s pride flag personal effects? 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
September 10 · 1 hr 11 min
Insular Cases | Interview: Chief Judge Jeff Sutton and Neil Weare
Sarah Isgur and David French discuss Supreme Court updates on two cases: preferred advertising rates for political committees and Missouri’s congressional districts. Then, Judge Jeff Sutton, chief judge of the 6th Circuit and No. 1 AO judicial crush, and Neil Weare, co-director of Right to Democracy, join to discuss insular cases and where birthright citizenship stands after Trump v. Barbara. The Agenda: –Political campaigns and discounted ad rates –Chaos in the Missouri congressional map –Our first Olympian guest –Background on insular cases –Trump v. Barbara Order Sarah’s book 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
September 3 · 1 hr 7 min
SCOTUS Majority Rules White House Ballroom Is A Go
Sarah Isgur and David French discuss the 5-4 ballroom interim docket decision with Chief Justice John Roberts leading the dissenters, the New York Times with a piece on releasing the justice’s papers sooner rather than later, and a piece by Josh Morrow on AI in circuit decisions. And speaking of circuit decisions, Sarah and David discuss a few, including the Vacancies Reform Act and the 26th Amendment. The Agenda: –Goodbye East Wing –Lujan v. Defenders of Wildlife –Will Baude on esthetic injuries –Should the justices release their papers sooner? –Should this actually be happening –South Carolina’s voting law is unconstitutional –Update on Vacancies Reform Act Show Notes: –David Lat’s Substack Order Sarah’s book 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
September 1 · 1 hr 13 min
Has the First Amendment Ever Been More Relevant?
Sarah Isgur and David French pick through a trail mix of topics for this week’s episode. The two discuss bracelet-wearing parents at a soccer game, student visas being revoked over bad speech, and classified information being printed. But they kick it off with a big “Sarah got it wrong.” The Agenda: –Sarah got it wrooooooong –Breaking news and the mail-in ballot decision –Pentagon leaks and the Washington Post –FIRE’s win and student visas –Felons can vote in Minnesota –Trans athletes and pink bracelets –James O’Keefe and pretty interns –Predicting SCOTUS cases 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
August 27 · 1 hr 7 min
How to Fix Congress | Interview: Rep. Jake Auchincloss
Sarah Isgur and David French invite real life Rep. Jake Auchincloss of Massachusetts to discuss how to reform Congress, explain multi-member districting, and wtalk about hether the Supreme Court needs more justices. But first, forging Justice John Robert’s signature and fake arresting teenagers. The Agenda: –Bad criming –Even if a judge is in judges robes, they’re not always a judge –All the headlines are wrong (except ours) –Who wrote the Per Curiam? –Reforms to the Supreme Court –Are your kids violent? Order Sarah’s book 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
August 25 · 1 hr 16 min
Civility vs. Collegiality | Interview: Judges Tom Griffith and David Tatel
Sarah Isgur and David French invite former D.C. Circuit judges Tom Griffith and David Tatel to discuss relationships, judicial independence, and what it means to be a “former” judge. But first, bar complaints and the White House ballroom injunction. The Agenda: –⁠The worst of the worst, District Judge edition⁠ –Someone file a bar complaint! –⁠We’re the least surprised when the White House injunction came down⁠ –Disagreeing respectfully –What’s next for judges after they retire? –Breaking news Order Sarah’s book⁠ 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
August 20 · 1 hr 7 min
Let’s Pretend We’re Justices | Interview: Chris Scalia
David French and Sarah Isgur steelman Justice John Paul Stevens and Justice Stephen Breyers’s dissents in the Heller case through a one-act play produced by ChatGPT. The two also invite Chris Scalia to play the majority opinion writer (and his late father) Justice Antonin Scalia. The Agenda: –One act, three justices –What AI got right and wrong –Justice Breyer, fully vindicated –Shul is Yiddish and Friends of the Earth is SCOTUS precedent Show Notes: –Originalism and Stare Decisis Order Sarah’s book 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
August 18 · 1 hr 10 min
Trump’s Ballroom Blitz
Sarah Isgur and David French return, but with a little bit of a switcheroo as David takes the host’s chair. They discuss President Donald Trump’s appeal to the Supreme Court on the construction of a White House ballroom, a religious liberty case about permits and prayer services, and a bit of reality TV litigation. The Agenda: –We can all laugh about this one day –Pierre Charles L’Enfant for some reason? –President Trump’s ballroom appeal –Grand v. City of University Heights –This is not a populist podcast –The trashy stuff Show Notes: –Hulk Hogan v. Gawker –Marquette Law School Poll finds national approval of the Supreme Court at 47 percent; it’s been below 50 percent since November 2025 Order Sarah’s book 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
August 13 · 1 hr 15 min
This Is Not A Vibes-Only Podcast
David Lat and Zachary Shemtob return as guest hosts and are joined by Adam Feldman, author of the blog Empirical SCOTUS and the Substack Legalytics, to discuss an update on birthright citizenship, some new polling about SCOTUS, and Luigi Mangione, who will soon be tried for the murder of UnitedHealthcare executive Brian Thompson. The Agenda: –Where in the world are Sarah and David? –The Delusions of John Roberts –Is Chief Justice Roberts moderating from the front? –Early and late Scalia –Challenge brought to Trump’s new birthright citizenship order –Previewing the November cases –St. Mary Catholic Parish v. Roy (25-581) –Nielsen v. Watanabe (25-417) –Are Republicans falling out of love with the Supreme Court? –Overruling the 3-3-3 court hypothesis –SCOTUS shortlist –Mangione plea discussion expected in federal case Friday Order Sarah’s book 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
August 11 · 1 hr 15 min
SCOTUS’s October Preview
David Lat takes over the host’s chair and is joined by Zachary Shemtob, executive editor of SCOTUSblog, and Amy Howe, co-founder of SCOTUSblog, to discuss Justice Samuel Alito’s retirement plans (not yet), President Donald Trump’s new executive order targeting birthright citizenship, and hot cases in the upcoming October term. The Agenda: –Sarah Isgur’s rebuttal –Justice Alito’s back! (He never left) –Ending birth tourism –Overcooking the Federal Reserve firing –Suncor Energy Inc. v. County Commissioners of Boulder –Previewing SCOTUS’s October term –Ballroom blitz –No drag hamburgers for these kids! Show Notes: –Birthright Citizenship, Redux Order Sarah’s book 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. –Trump signs new birthright citizenship order, ballroom dispute likely headed to Supreme Court Learn more about your ad choices. Visit megaphone.fm/adchoices
August 6 · 1 hr 11 min
Fauci Pleads the Fifth | Interview: Elie Honig
Sarah Isgur and David French are joined by CNN senior legal analyst Elie Honig to discuss Anthony Fauci’s invocation of the Fifth Amendment. Is it okay? Is it not okay? How does this relate to the pardon power? Then it’s on to a constitutional game show where each member of this three-person team picks two constitutional amendments they would magically ratify and one amendment they would veto. The Agenda: –Anthony Fauci can take the Fifth –Did Fauci even have such a right? –Wiping your phone is an obstruction of justice –Amending the Constitution! –Impeachment reform, resizing Congress, and emergency powers –Presidential eligibility, redefining Article II, and repealing the 17th Amendment –We will see a 28th Amendment Show Notes: –Elie Honig: When You Come at the King –How to Investigate a President (with Elie Honig) - CAFE Learn more about your ad choices. Visit megaphone.fm/adchoices
August 4 · 1 hr 16 min
The Island of Rationality and the First Amendment
Welcome to First Amendment-a-palooza, where headliners Sarah Isgur and David French play the classics like: “Are license plates government speech?” and “Three cheers for Citizens United,” as well as “Owning a copy of Mein Kampf means you’re an idiot, but it’s still private speech.” The Agenda: –Immigration issues –Citizens United will be overturned –Gender, protected speech, and school counselors –Suck it up, Virginia! –Black Lives Matter protests and injured police officers –Listener mail bag Show Notes: –Faces of Intratextualism - Akhil Reed Amar –Walker v. Texas Division, Sons of Confederate Veterans Inc. –David Lat’s Substack –Garcetti v. Ceballos –Opinion: A Very Dangerous Ruling in New Orleans Order Sarah’s book 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 beco Learn more about your ad choices. Visit megaphone.fm/adchoices
July 30 · 1 hr 8 min
Receipts on the Senate Filibuster | Interview: Mike “Frags” Fragoso
Sarah Isgur and David French discuss the Trump administration’s appeal to the Supreme Court about its mail-in voting executive order. Then the two talk with ⁠Mike Fragoso⁠, former chief counsel to then-Senate Majority Leader Mitch McConnell and partner at Torridon Law, to discuss the food truck nature of Senate judicial nomination. The Agenda: –⁠Additional restrictions on mail-in voting⁠ – ⁠The headline-to-effects ratio is out of control⁠ – Judicial nominees and the filibuster – All about the Congressional Review Act –⁠Mutual combat at the gas station ⁠ ⁠The SCOTUSblog Summit: 2026 Term Preview.⁠ Order Sarah’s book⁠ 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
July 28 · 1 hr 22 min
Reviewing the Court’s Criminal Law | Interview: Rory Little and Orin Kerr
Sarah Isgur and David French discuss new data on questions that the Supreme Court justices are asking, dive into the definition of stipulation, and run through a few questionable subpoenas of reporters. All this before the crime-apalooza interview with University of California law professor Rory Little and Stanford law professor Orin Kerr. You won’t want to miss their discussion on torture. No, this isn’t a euphemism. The Agenda: –Justice Kagan says court gets a “bad rap” –Nine justices, nine styles –Was it a stipulation or admission? –DOJ subpoenas New York Times reporters over Air Force One reporting –Get bourbon with old trial attorneys –The Roberts court’s legacy in criminal law Show Notes: – The First Criminal Procedure Revolution –“Torture and Plea Bargaining” by John H. Langbein –Branzburg v. Hayes –Gonzales v. Raich The SCOTUSblog Summit: 2026 Term Preview. Order Sarah’s book 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 b Learn more about your ad choices. Visit megaphone.fm/adchoices
July 23 · 1 hr 5 min
Alaska v. a Charter Plane and a Six-Pack of Beer
Sarah Isgur and David French explain a case in which an Alaskan charter plane was seized over a six-pack of beer and discuss Title IX due-process rights on college campuses. Sarah and David are then joined by Harvard Law professor Richard Re to break down his column arguing that Chief Justice John Roberts is moderating from the front. The Agenda: —Alaskan charter plane seized over a six-pack —Title IX and due process —Antisemitism and Title VI —Is Chief Justice Roberts moderating from the front? —Alexander Bickel and passive virtues —The left and court-packing Show notes: —United States v. $124,700 in U.S. Currency Learn more about your ad choices. Visit megaphone.fm/adchoices
July 21 · 1 hr 5 min
Defy the Gods
Sarah Isgur and David French discuss Messi flags and The Odyssey in 4D (not IMAX!) before diving into legal topics such as the politics at the Supreme Court, 3rd Circuit defamation and cancellation, and why the Hawaii Supreme Court is wrong. The Agenda: –Sarah’s kid gave her a bloody lip –The politics of the court –Samuel Alito, a MAGA-Friendly Justice? –Stephen Miller is totally ignorant –The passing of U.S. Senior District Judge John E. Steele –FIRE's campus-deplatforming database –Wang v. University of Pittsburgh (3rd Circuit) –Arrogant opinions –Why The Odyssey is small “c” conservative Order Sarah’s book 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
July 16 · 1 hr 4 min
A Bucket Full of Trump Bait
Sarah Isgur and David French discuss Justice Amy Coney Barrett and Justice Elena Kagan’s testimony in front of Congress, an Alaska Airlines forum argument about religious issues, and President Donald Trump’s various legal battles—from the War Powers Resolution to sanctioned lawyers to law firm subpoenas. The Agenda: –Supreme Court Justices testify before Congress –Canceling the Shadow Docket –Alaska Airlines and its employee forum –Recession of Wokeness –Trump Bait: War powers, slush fund, and law firm deals collapsing Show Notes: –Trump notifies Congress of new war against Iran Order Sarah’s book 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 Learn more about your ad choices. Visit megaphone.fm/adchoices

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