Podcast
Advisory Opinions
Hosted by The Dispatch · EN
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.
145episodes
Episodes
Newest firstAll episodes
Dorm Room Originalism
Sep 2501:09:58Summary readySarah 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
SummaryThe Fall of Affirmative Action | Interview: Justin Driver
Sep 2300:57:18Summary readySarah 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
SummaryThe Oldest Constitutional Question | Interview: Richard Primus
Sep 1801:10:06Summary readySarah 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
SummarySuperhighways of Foreign Influence
Sep 1600:59:23Summary readyIn 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
SummaryCongress Won’t Contradict Trump
Sep 1101:05:31Summary readyWhen 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
SummaryListening to a Justice | Interview: Justice Amy Coney Barrett
Sep 901:05:17Summary readySupreme 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
SummaryFree Speech and ‘The Executive Power’ | FIRE Crossover
Sep 401:16:26Summary readyDavid 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
SummaryHookers and Kushners | Interview: Chris Christie
Aug 1400:59:24Summary readyFormer 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
SummaryAbraham Lincoln, Originalist | Interview: Akhil Amar
Aug 1200:58:22Summary readyAkhil 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
SummaryDrive-By Rulings | Interview: J. Joel Alicea
Aug 7, 202501:05:16Summary readyJ. 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
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