

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.
Episodes
Mentioned books

May 4, 2023 • 1h 6min
Disney Sues DeSantis
The feud between the governor and the mouse has more nuance and legal curiosities than it might seem at first glance, and David and Sarah are here for it. But also:-Is the debt ceiling "unconstitutional"?-History and Tradition revisited (listen to this week's week earlier episode for the full discussion)-Trigger warning for one of the most gruesome 4th Amendment analysis taken up by the pod.Out of context: "These people could have been in drawers." Learn more about your ad choices. Visit megaphone.fm/adchoices

May 2, 2023 • 1h 25min
Killing Zombies at the Justice Monastery
A case before the Supreme Court may bring the axe to the long zombified Chevron deference. Sarah and David also take a look at:-North Carolina’s flip-flops on gerrymandering delaying the inevitable-A 94-year-old’s legal fight against property seizure gets a hearing-Is the distinction between History and Tradition a bait and switch?-Supreme Court Ethics are in the news again... (yikes)-Q&A from 1L’sShow Notes:-In Ruling with Major Political Implications that Potentially Moots U.S. Supreme Court Decision in Moore v. Harper Independent State Legislature Case, North Carolina Supreme Court, on 5-2 Partisan Vote, Holds Partisan Gerrymandering Claims Cannot Be Brought Under State Constitution-What happens to Moore v. Harper after the latest North Carolina Supreme Court decision in the partisan gerrymandering case? Learn more about your ad choices. Visit megaphone.fm/adchoices

Apr 27, 2023 • 1h 7min
Are You There God? It's Me, The Lemon Test
Is it unconstitutional to push religion in a state that favors religion generally? Two bills in Texas are igniting the debate over the establishment clause and religious coercion. Plus:-Brother Jesus!-The angriest bee in Scott Lincicome's bonnet also known as The Jones Act-E. Jean Carroll's rape case against Trump begins-Justice Gorsuch in the latest rounds of SCOTUS media hit pieces (edited) Show Notes:-Backstory on homeless lawyer's crusade against the 10 Commandments-Politico's hit piece on Gorsuch-Critiques of Gorsuch's piece-The Jones Act Is Unconstitutional -Texas bill on 10 Commandments Learn more about your ad choices. Visit megaphone.fm/adchoices

Apr 25, 2023 • 1h 5min
The Tech Term Arrives
It’s a SCOTUS packed pod featuring an Alito dissent going into his ~feels~. Plus, AO is getting ready for the much-anticipated Tech Term(s), and Sarah needs David's reassurance that everything will be alright. On the docket:
Dueling certs over state actors blocking users on social media
Alito bring out the hot sauce for shadow dockets debate
The tweet the triggered David
Can prosecuting threats of violence chill free speech?
Show Notes:-Josh Blackman's article for Reason magazine-Justice Clarence Thomas dissent in Elliott V. O'Mara Learn more about your ad choices. Visit megaphone.fm/adchoices

Apr 20, 2023 • 1h 14min
Sarah's Buckets Hit SCOTUS (Oh, and Fox News Settles Dominion Case)
BREAKING! Sarah’s buckets have finally arrived at the Supreme Court. Also: Fox News agrees to pay and pay and pay... but won't tell you about it.Today's buckets:-You can’t leave our relationship-Bonus: Footage of New York and New Jersey debating the validity of their pact-Accommodation versus discrimination, undue burden versus substantial cost-Groff's gonna lose... probably (are religious freedom activists tired of winning?)-The AO buckets have arrived-DeSantis to eliminate unanimous jury sentencing for the death penalty-Fox News settles for $787 million in Dominion lawsuit-...how Fox covered the settlement-David has been through things Learn more about your ad choices. Visit megaphone.fm/adchoices

Apr 18, 2023 • 1h 17min
A Nerdy Amuse Bouche
Justice Alito stays the Texas abortion pill ruling, leading to Sarah and David going full law nerds as they push back on bad reporting and evaluate the legal versus real world consequences. Also:-A snarky(?) Gorsuch-Sarah's favorite recent opinion-Updated takes on Alvin Bragg and Jim Jordan-*Sigh* Clarence Thomas-David’s insight into the Pentagon leaksShow Notes:-NYT Opinion Piece on ethics of SCOTUS Justices-National Constitution Center: Interpretation of Speech and Debate clause Learn more about your ad choices. Visit megaphone.fm/adchoices

Apr 13, 2023 • 1h 15min
Screaming Complaints
Manhattan DA Alvin Bragg’s latest PR stunt is a fight against Jim Jordan and Republican grandstanding. Sarah and David tear through the 50-page lawsuit before getting to a special guest interview with Andrew Brasher, former Solicitor General of Alabama.Show Notes:-Bragg goes after Jordan: merit + lots of nonsense-The cruel unfairness of debating someone who's good at debating, see: Isgur v Goldberg on Nazis marching in Skokie-A sidebar on actually listening to opinions different than yours-Judge Brasher on SGs and career paths.-The clerk application process isn't great-Wordle and CIA-level crossword secrets Learn more about your ad choices. Visit megaphone.fm/adchoices

Apr 11, 2023 • 1h 30min
About Those Dueling Abortion Rulings...
Federal courts, bad incentives, culture war exhibitionism, and abortion distortion… And the week's only started. But Sarah and host emeritus are here for you to make sense of:-Dueling abortion rulings in Texas and Washington state-Clarence Thomas’ friendship with Harlan Crow-Transgender cases and the winding down of shadow dockets-Gov. Greg Abbott wants to pardon a convicted murderer under Texas' "Stand Your Ground" lawShow Notes:-Assessing the Legal Claims in Alliance for Hippocratic Medicine v. FDA-Mifepristone and the rule of law-Kluge v Brownsburg Community School Corp.-The case of the Christian professor and pronouns Learn more about your ad choices. Visit megaphone.fm/adchoices

Apr 5, 2023 • 1h 9min
A Mumbling Indictment
Sarah and David are back for a Wednesday (!) episode to give the people what they want: a review of Trump’s indictment. The verdict? Not great. Also:
A Twitter user convicted over trolling Hillary Clinton supporters
SCOTUS back-scratching?
The Justices are taking their time
Justice Ketanji Brown Jackson's praiseworthy approach to equity
Show Notes:-What You Need to Know About the Trump Charges-Social Media Influencer Douglass Mackey Convicted of Election Interference in 2016 Presidential Race Learn more about your ad choices. Visit megaphone.fm/adchoices

4 snips
Apr 4, 2023 • 1h 24min
Tennessee Law Drags On
The AO train keeps rolling after Saturday’s emergency pod with an episode chock-full of legal conundrums, fatal contracts, and (one) happy ending.-Weird vibes on SCOTUS case about immigration and the First Amendment-Tennessee's anti-drag statutes... (Or: David is very, very tired)-Fox and defamation-A goat’s fatal fate-One commenter comes after David over campaign finance laws-A question concerning personal jurisdictions-A special shout out to one circuit judge (#TeamWillettWranglers)Show Notes:-Video: Sarah Isgur recorded live at Harvard, Disney v DeSantis-Tennessee Drag: Order Granting Temporary Restraining Order Learn more about your ad choices. Visit megaphone.fm/adchoices


