Advisory Opinions
267 episodes - English - Latest episode: over 1 year ago - ★★★★★ - 2.7K ratingsAdvisory Opinions is a new podcast from The Dispatch. Hosts David French and Sarah Isgur have a weekly conversation about the law, culture, and why it matters.
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Episodes
That Escalated Quickly
July 23, 2020 22:30 - 1 hour - 68.3 MBA federal judge ordered the release of Trump’s former attorney Michael Cohen from prison on Thursday. On July 9, Cohen and his lawyer went into the U.S. Probation Office in Manhattan to transition from furlough to home confinement. But instead Cohen was arrested by three U.S. Marshals and brought back to prison. Why did this happen? David and Sarah explain. Check out today’s episode to hear our podcasters discuss the presence of federal police in Portland, the defamation lawsuit against MSN...
A Supreme Court Odyssey
July 20, 2020 20:43 - 51 minutes - 47.2 MBThe 2019-2020 Supreme Court term was quite the spectacle: the court canceled its March and April argument sessions, held oral arguments by telephone for the first time in May, and stretched its opinion announcements into July for the first time in many years. The term was packed with several blockbuster cases and ended with an announcement from Justice Ginsburg about a pancreatic cancer recurrence. And in the haze of it all, many Americans are still puzzled by some of the rulings. Our podcas...
Journey to the Center of the Supreme Court
July 16, 2020 21:33 - 58 minutes - 53.9 MBAfter a momentous term at the Supreme Court, what are we to make of it all? Josh Blackman, associate professor of law at the South Texas College of Law Houston, joins David and Sarah to help us all understand: Roberts' role at the center of the Court, Gorsuch and textualism, and Kagan's growing influence. David, Sarah, and Josh cover it all. Show Notes: -Make sure to read Sarah's piece on the Supreme Court term.
Crimes, Plural
July 13, 2020 22:00 - 1 hour - 73.3 MBWith Joe Biden’s popularity rising in battleground states (according to several recent polls), Democratic lobbyists and party officials are urging the presidential candidate to try and win over purple and even conservative-leaning states like Georgia and Texas. But most of his advisors are urging a more conservative path, encouraging him to focus on states he knows he can win. David and Sarah discuss these opposing strategies and offer their insights on what a winning 2020 presidential campa...
Not in Oklahoma Anymore
July 09, 2020 22:40 - 1 hour - 68.4 MBThe Supreme Court wrapped up its term today with an opinion on what counts as American Indian tribal lands and two related cases about the president’s financial records. In Gorsuch’s majority opinion in McGirt v. Oklahoma, the court found that Congress’ 19th century promise to give large swaths of Eastern Oklahoma to the Muscogee (Creek) tribe still stands. This means roughly half of Oklahoma—and most of Tulsa—is now an Indian reservation, and that tribal members are not subject to Oklahoma...
Little Sisters 2: Vacated and Remanded
July 09, 2020 00:04 - 58 minutes - 53.3 MBThe Supreme Court has released two more religious liberty rulings into the world. Our Lady of Guadalupe School v. Morrissey Berru ended up being a blow to employment discrimination laws in favor of First Amendment religious liberty concerns. In Little Sisters of the Poor, the Court upheld a regulation allowing employers with religious objections to ignore the Affordable Care Act's birth control mandate. David and Sarah take a closer look at both cases, and on the battle between religious l...
Dial S for Severability
July 07, 2020 00:00 - 1 hour - 83.5 MBAs we near the end of another Supreme Court term, speculation abounds over a Court retirement. Would the resulting nomination battle be more or less contentious than the appointment of Justice Kavanaugh? David and Sarah answer this thought experiment while also touching on the implications this scenario would have on the 2020 election. They also break down rulings on robocalls and faithless electors. When and how can you constitutionally defend yourself? The question comes after a gun-totin...
Supreme Court Did What?
July 03, 2020 08:00 - 1 hour - 74.7 MBThe Supreme Court denies cert to an abortion case, grants cert to a case over Mueller's secret evidence, and the Biden and Trump campaigns are lawyering up for 2020's final act. David and Sarah have thoughts. Show Notes: -Declan’s Dispatch profile on Tim Scott -Hill v. Colorado -June Medical Services v. Russo -Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission -Arlene’s Flowers Inc. v. Washington -Whole Woman's Health v. Hellerstedt -Box v. Planned Parenthood of Indiana a...
Whatever Happened to Baby Blaine?
July 01, 2020 09:00 - 1 hour - 55.4 MBEspinoza is finally here, and David and Sarah are here for a proper deep dive into the Supreme Court's decision. Plus their reflections on the legal and political implications of the court's June Medical ruling. Show Notes: -Supreme Court's Espinoza ruling -Conservative groups see abortion ruling as catalyst for reelecting Trump -The Chief Justices Battle over the Removal Power
The Cheese Stands Alone
June 29, 2020 22:00 - 1 hour - 58.1 MBDavid and Sarah discuss another big day at the Supreme Court, from the court's decision to strike down a Louisiana abortion law to its ruling on the Consumer Financial Protection Bureau. Show Notes: -Our conversation with Louisiana's solicitor general -Supreme Court's Louisiana abortion ruling -Supreme Court's CFPB ruling -David's Sunday newsletter
The Bridge on the River Mandamus
June 25, 2020 20:30 - 1 hour - 55 MBDavid and Sarah discuss Joe Biden's polling lead in six swing states, the latest development in the Michael Flynn case, the Supreme Court ruling on asylum seekers, and free speech online.
What Would James Madison Do?
June 22, 2020 21:20 - 1 hour - 79.5 MBDavid and Sarah discuss the president's rally in Tulsa, the firing of the U.S. attorney in New York, the lawsuit over John Bolton's book, and they process last week's Supreme Court decisions. Show Notes: -David's Sunday newsletter -Drew Griffin Twitter thread on Tulsa rally -28 U.S. Code § 546. Vacancies -Barr's statement on on the nomination of Jay Clayton -Berman's statement on firing -Trump remarks on Berman -Barr's letter to Berman -Ross Douthat on the Supreme Court -Jack Balki...
Arbitrary and Capricious
June 18, 2020 21:32 - 1 hour - 73.4 MBDavid and Sarah discuss the Supreme Court's ruling that blocks the Trump administration from ending DACA for now, return to their discussion over the Title VII ruling, and finish with the legal fight over John Bolton's book. Show Notes: -Supreme Court DACA ruling -Cass Sunstein on Gorsuch Title VII opinion -Atlanta Journal-Constitution piece on Bostock -David's piece A Conservative Legal Chernobyl?
Title VII: Originalism vs. Textualism
June 15, 2020 22:36 - 1 hour - 72.6 MBThe Supreme Court declined to take up new cases dealing with gun rights and qualified immunity. The court ruled that federal anti-discrimination laws protect gay and transgender employees. Lines are drawn on originalism vs. textualism. David and Sarah have thoughts. Show Notes: -Supreme Court cert denials -Supreme Court Bostock opinion -Sarah's guide to the top 10 cases -Sarah's SCOTUS glossary
'Twas the Night Before Brisket
June 11, 2020 21:40 - 1 hour - 73.1 MBIt's Brisket Eve and David and Sarah are celebrating by diving into the latest polls on the protests around the country, the legal weeds of Confederate monuments, and answer the question, why does the rule against perpetuities get the people going? But the festivities don't end there, there's the Michael Flynn amicus curiae, Tom Cotton, and Gone with the Wind. Show Notes: -Michael Flynn brief
The Sound of Reform
June 08, 2020 22:12 - 1 hour - 71.7 MBDavid and Sarah discuss calls by protesters to "defund the police," ideas to reform police departments from no-knock raids to police unions, incorporation doctrine, and the miniseries 'Waco.' Show Notes: -David's Sunday newsletter -There’s Never Been a Better Time to Abolish Qualified Immunity -Justice Department Waco report
Because They Stand on a Wall
June 04, 2020 22:08 - 1 hour - 69.2 MBDavid and Sarah discuss the stunning critique of the president from James Mattis, the events of the last 24 hours from Mark Esper breaking with the president to Tom Cotton's op-ed, they then breakdown the charges against the police officer who had his knee on the neck of George Floyd, and end with their thoughts on 'The Last Dance.' Show Notes: -James Mattis Denounces President Trump -Derek Chauvin’s Actions Were Cruel. But a Conviction Won’t Come Easily. -Explaining the New Second Degre...
From 1918 to 1968
June 01, 2020 20:20 - 1 hour - 75.4 MBDavid and Sarah discuss the latest news out of the Supreme Court including the court denying a California church's lockdown challenge, Rep. Justin Amash's plan to introduce legislation to end qualified immunity for police officers, Sen. Tom Cotton's call to invoke the Insurrection Act, the president's call to label ANTIFA a terrorist organization, and a return to their debate over law school. Show Notes: -Supreme Court California church ruling -Judge Willett opinion -David's Sunday newsl...
How Do You Square a Circle?
May 28, 2020 21:45 - 1 hour - 67.8 MBThe president has a new social media executive order. What happens if Trump loses in November, but doesn't want to leave? Qualified immunity and the Fourth Amendment in the context of the death of George Floyd in Minneapolis. House of Representatives allows proxy voting for the first time this week. And a Central Park video sparks a national conversation. David and Sarah have thoughts. Show Notes: -David's piece The Growing Threat to Free Speech Online -Republican lawsuit to block proxy v...
Golden Handcuffs
May 26, 2020 21:00 - 1 hour - 61.1 MBDavid and Sarah discuss the growing partisan divide over the handling of the coronavirus pandemic, the legal fights over church openings, Rachel Maddow's SLAPP lawsuit victory, and the pros and cons of going to law school. Show Notes: -Harvard false positive/negative rates -Reuters R vs. D county study -The Public's Judgement of Their State's Performance During the COVID-19 Outbreak -Columbia study -JP Morgan findings -Public Sees Harm in Exaggerating, Downplaying COVID-19 Threat -Da...
Ultimate Supreme Court Nerdery Part II
May 22, 2020 07:54 - 1 hour - 78.6 MBDavid and Sarah finish their preview of a number of upcoming Supreme Court decisions from the Consumer Financial Protection Bureau to DACA and the Title VII cases. The two also discuss the debate over moves to expand vote by mail, and the new Hulu miniseries Mrs. America. Show Notes: -Texas vote by mail lawsuit -A Guide To the 10 Biggest Supreme Court Cases of This Term -A Glossary of Important SCOTUS Terminology
Ultimate Supreme Court Nerdery Part I
May 18, 2020 22:46 - 1 hour - 68 MBDavid and Sarah discuss the end of Rep. Justin Amash's short-lived presidential bid, preview a number of upcoming Supreme Court decisions from Little Sisters of the Poor to the Blaine Amendment case, and the New York Times column taking a closer look at Ronan Farrow. Show Notes: -The agonizing story of Tara Reade -A Guide To the 10 Biggest Supreme Court Cases of This Term -A Glossary of Important SCOTUS Terminology -Not Everyone Is Happy With the Supreme Court’s Live Broadcasts -Is Ron...
Meet the Faithless Electors
May 14, 2020 21:40 - 1 hour - 67.6 MBDavid and Sarah discuss 'unmasking' and Michael Flynn, Supreme Court oral arguments over the president's financial records and "faithless electors," and Wisconsin administrative law. Show Notes: -The Flynn case isn’t over until the judge says it’s over -Transcript of Michael Flynn sentencing proceedings -Trump v. Vance oral argument transcript -Trump v. Mazars USA, LLP oral argument transcript -Colorado Dept. of State v. Baca oral argument transcript -Chiafalo v. Washington oral argum...
Time's Up. Let's Do This...
May 11, 2020 23:42 - 1 hour - 67.7 MBThe Supreme Court hears oral arguments in Our Lady of Guadalupe School v. Morrissey-Berru. Secretary Betsy DeVos releases new regulations to overhaul Title IX. New details in the shooting death of Ahmaud Arbery. The Justice Department drops its criminal case against Michael Flynn. David and Sarah have thoughts. Show Notes: -Our Lady of Guadalupe School v. Morrissey-Berru oral argument -Betsy DeVos Strikes a Blow for Due Process
Justin Amash vs. Death Star
May 08, 2020 13:38 - 1 hour - 58 MBRep. Justin Amash of Michigan joins David and Sarah to discuss his announcement that he is exploring a presidential run as a candidate of the Libertarian Party. David and Sarah then turn to the shooting death of Ahmaud Arbery, a 25-year-old black man, in a South Georgia neighborhood. Show Notes: -A Vigilante Killing in Georgia
Justin Amash v. Death Star
May 08, 2020 13:38 - 1 hour - 44.1 MBRep. Justin Amash of Michigan joins David and Sarah to discuss his announcement that he is exploring a presidential run as a candidate of the Libertarian Party. David and Sarah then turn to the shooting death of Ahmaud Arbery, a 25-year-old black man, in a South Georgia neighborhood. Show Notes: -A Vigilante Killing in Georgia
Our Lady of Guadalupe Goes Supreme
May 04, 2020 20:56 - 1 hour - 62.2 MBDavid and Sarah discuss the Supreme Court's first day of oral arguments via teleconference, preview the court's May calendar, get the latest in the U.S. women's soccer team's equal pay lawsuit, and preview Our Lady of Guadalupe School v. Morrissey-Berru. Show Notes: -Supreme Court's May argument calendar -Feds, Northam spar over Virginia stay-at-home order’s impact on churches -District Court opinion dismissing U.S. women's soccer equal pay claim -All the briefs to the Supreme Court in...
The Flynn Saga
May 01, 2020 03:30 - 1 hour - 56.2 MBDavid and Sarah discuss the latest after Michael Flynn’s defense claims FBI notes show agents tried to entrap him, the viability of third-parties as Justin Amash flirts with running for president, and some legal news updates.
Smothered and Covered
April 27, 2020 22:47 - 1 hour - 58.2 MBDavid and Sarah discuss the latest polls looking at the 2020 election, the Supreme Court's decision to dismiss a New York gun rights case, and talk with Steven Lehotsky, of the U.S. Chamber of Commerce, about how businesses are dealing with liability as they make plans to reopen.
Queso Burro
April 24, 2020 12:00 - 1 hour - 56.2 MBSupreme Court opinions, the president's immigration executive order, homeschooling controversies, and the longterm cultural effects of coronavirus. David and Sarah have thoughts.
Showing a Little Ankle
April 20, 2020 21:12 - 1 hour - 67.5 MBDavid and Sarah discuss the Supreme Court's decision in Ramos v. Louisiana that held that the Constitution requires unanimous jury verdicts for convictions in criminal cases, a federal court's decision that upheld Michigan's independent redistricting commissions, and David responds to comments on his Sunday newsletter.
The Mostly Meaningless Podcast
April 17, 2020 00:02 - 56 minutes - 51.4 MBWisconsin primary results, regulatory taking in Pennsylvania, adjournment clause, 2020 veepstakes, and much more. David and Sarah have thoughts.
Cut to Black
April 14, 2020 00:10 - 1 hour - 55.1 MBDavid and Sarah discuss the sexual assault allegation against Joe Biden, the president's tweet about who has the power to "open up" the economy, a federal judge's ruling that a Kentucky church can conduct Easter drive-in service, and The Sopranos.
Voting in a Pandemic
April 09, 2020 23:34 - 56 minutes - 52.1 MBRachel Kleinfeld, a senior fellow at the Carnegie Endowment, joins David and Sarah to discuss how you pull off an election during a pandemic. Rachel makes the case for why states need to start thinking about how coronavirus may impact November now, and expand absentee voting and drive-thru voting.
You Magnificent Bastard
April 06, 2020 21:58 - 58 minutes - 53.2 MBA captain is fired after a letter detailing the Navy's failures in dealing with the coronavirus outbreak is leaked. The intelligence community inspector general is fired for his role in the Ukraine matter. Queen Elizabeth II gives a rare address to the United Kingdom. David and Sarah have thoughts.
Beyond Originalism?
April 02, 2020 21:02 - 56 minutes - 51.3 MBDavid and Sarah discuss the political ramifications of the coronavirus outbreak, Adrian Vermeule's essay on originalism, and what conservatives get wrong about masculinity.
Coronavirus Response
March 30, 2020 22:02 - 59 minutes - 54.6 MBDavid and Sarah discuss the government's coronavirus response with Representative Chip Roy of Texas, and the Netflix documentary, "Tiger King," lighting the internet on fire.
Confirmation Battles
March 27, 2020 07:05 - 1 hour - 68.5 MBDavid and Sarah talk coronavirus confusion, and Justice Clarence Thomas and confirmation battles with Carrie Severino of the Judicial Crisis Network.
Curb Your Parasites
March 23, 2020 21:47 - 1 hour - 58.6 MBDavid and Sarah touch on the latest from Capitol Hill, Biden's campaign, and Bloomberg lawsuit. The two then dive into the coming clashes between the state and federal governments over coronavirus, the U.S. women’s soccer team's equal pay lawsuit, and how they're spending their quarantine time.
In Chambers
March 19, 2020 23:14 - 1 hour - 58 MBDavid and Sarah talk with Chief Judge David Jones, of the U.S. Bankruptcy Court for the Southern District of Texas in Houston, about how the court system is handling coronavirus. Is the judge seeing an uptick in bankruptcies? David and Sarah also discuss the future of Bernie Sanders' movement and share an exciting announcement.
Quarantine Law
March 16, 2020 22:32 - 59 minutes - 54.6 MBDavid and Sarah answer all your questions about the legal issues raised by the coronavirus outbreak: enumerated powers, police powers, regulatory takings, quarantines, and martial law.
The Hillary Story
March 12, 2020 21:57 - 1 hour - 58.3 MBThe president addressed the nation on the coronavirus outbreak, Harvey Weinstein gets 23 years in prison, and Hulu's new docuseries 'Hillary' is now streaming. David and Sarah have thoughts.
SLAPP Shot
March 09, 2020 21:30 - 1 hour - 67.5 MBDavid and Sarah preview tomorrow's primaries with a special focus on Michigan, thoughts on coronavirus, the Trump campaign's lawsuits against the Times, the Post, and CNN, the execution of Nathaniel Woods, and an "in-depth" discussion on the XFL.
Qualified Immunity Rap Battles
March 06, 2020 01:19 - 1 hour - 67.3 MBDavid and Sarah have Super Tuesday numbers to dive into, oral arguments in Louisiana's Supreme Court abortion case, FISA reform, qualified immunity, and is it okay to arrest six-year-olds?
Delegate Fun Time
March 02, 2020 22:31 - 1 hour - 57.7 MBDavid and Sarah discuss the likelihood of a brokered convention after Joe Biden's big win in South Carolina, the appeal court's Don McGahn decision, the CFPB fight at the Supreme Court this week, and the intersection of #MeToo and revenge porn in the Katie Hill story.
Alligator Boots
February 28, 2020 08:22 - 56 minutes - 51.7 MBDavid and Sarah speak with Liz Murrill, Louisiana's solicitor general, about her case before the Supreme Court June Medical Services v. Russo. The three discuss the facts of the high-profile abortion case, legal strategy, and how Liz preps to face the nation's highest court.
Jurisprudence of Doubt
February 26, 2020 08:33 - 1 hour - 57.7 MBDavid and Sarah have a lot on their plate. Can Bernie Sanders assemble a coalition similar to Obama's 2008 campaign? Will the Supreme Court draw a line between religious freedom and nondiscrimination statutes? And who is David Ayres?
Tilting at Windmills
February 18, 2020 00:00 - 51 minutes - 47.3 MBDavid and Sarah examine the decision to not prosecute Andrew McCabe, the eye-opening interview Harvey Weinstein's attorney gave, and answer which novels have most impacted them.
Voir Dire
February 14, 2020 00:00 - 1 hour - 60.9 MBDavid and Sarah take on the whirlwind of news surrounding the Roger Stone case, go behind the scenes of opposition research, and share their thoughts on the Netflix docuseries "Cheer."
Potpourri of Awfulness
February 10, 2020 00:00 - 55 minutes - 50.9 MBDavid and Sarah speak with Nikki Neily, president of Speech First, about bias response teams on college campuses, the history of speech codes, and pick their own Oscar winners.