Advisory Opinions

Sarah Isgur and David French discuss the emergency docket ruling from SCOTUS on Alabama’s congressional maps, which broke down over three-justice ideological lines, Virginia’s filing (yes, they did file) at the Supreme Court, and a very special 2-1 9th Circuit panel opinion.  The Agenda: –Remember Allen v. Milligan? –Central, urban bonkerstown –14th Amendment Equal Protection argument vs. Section 2 of the Voting Rights Act –Virginia files gerrymandering case at SCOTUS –Biogradable cooler dispute, are you Team Gorsuch or Team Kavanaugh? –Why 5-4? –Would You Rather: Due Process Clause or Equal Protection Clause? Show Notes: –Remarks by Sen. A. Shane Massey on the Sine Die Resolution and Congressional Redistricting Advisory Opinions is a production of SCOTUSblog and The Dispatch, a digital media company covering politics, policy, and culture from a nonpartisan perspective. Click here to sign up for our new Advisory Opinions newsletter, and click here to access all of The Dispatch’s offerings, including audio versions of all our articles and newsletters. 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

Sarah Isgur and David French discuss the Virginia State Supreme Court striking down the state’s new congressional maps, Neal Katyal’s TED talk that we don’t want to talk about, and David plays a fun constitutional “Would You Rather” game. The Agenda:–Virginia’s gerrymandering map is unlawful–The left can’t get mad at the right when the right tried the independent state legislator argument–What really won the trillion-dollar Supreme Court case–Who is Harvey?–Shout out to the coolest AP Government teacher ever? Show Notes:–Supremely Cringe: Neal Katyal And ‘TED-Gate’ Order Sarah’s book here. Advisory Opinions is a production of SCOTUSblog and The Dispatch, a digital media company covering politics, policy, and culture from a nonpartisan perspective. Click here to sign up for our new Advisory Opinions newsletter, and click here to access all of The Dispatch’s offerings, including audio versions of all our articles and newsletters. 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

Welcome to Callais-a-palooza, where Sarah Isgur and David French discuss Louisiana v. Callais, the Supreme Court decision that struck down Lousiana's congressional map and allows Louisiana to draw a new map that will likely favor Republicans. The two read Justice Ketanji Brown-Jackson's dissent, discussed whether the decision violates the Purcell principle, and answer listeners' questions about the decision. The Agenda:—Sarah's dad is unconstitutional—The 32-day question—The three Honey Badgers—Partisan gerrymandering on steroids—“Kavanaugh stops” and Callais—Listener questions! Show Notes:—David French on Race, Rights, Trump, and Faith—The University of Michigan Doubled Down on D.E.I. What Went Wrong? 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

Justice Samuel Alito allows medical companies to continue administering the abortion pill Mifepristone after the 5th Circuit Court of Appeals ordered for it to be dispensed only in person. Sarah Isgur and David French discuss the role of standing in judicial review and abortion access after Donald Trump’s presidency.The Agenda:–Court issues temporary order allowing access to abortion pill by mail–The 5th Circuit is the outlier court–Overturning Roe V. Wade didn’t end abortion–Can Trump end Temporary Protected Status Program for Haitians and Syrians?–What if this was all racially motivated?–Justices appear mixed on whether geofence warrant violated the Fourth Amendment–Listener questions!Show Notes:–Massachusetts v. Environmental Protection Agency–Trump v. HawaiiOrder 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

Sarah Isgur and David French discuss the decision in a racially challenged redistricting map case, weird indictments, and whether Israel is guilty of genocide. The Agenda:–No one consulted the chief justice on flyovers–Reverse and Remand on First Choice Women’s Resource Centers, Inc. v. Davenport–Living in a post-Dobbs world–Supreme Court strikes down redistricting map challenged as racially discriminatory–James Comey has been indicted, again–Indictments on Southern Poverty Law Center’s paid informants–Israel on trial–Why jury trials are amazing 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

The inimitable Lisa Blatt joins Sarah Isgur and David French to discuss the two business docket cases named Cox and Chevron, a message to the judges and justices who like concurrences, and advice for aspiring lawyers. The Agenda:–We are launching a newsletter!–The 5th Circuit’s Ten Commandment Ruling–Ditch the coercion test–How to become Lisa Blatt–Does the internet always win?–Peak sexiness, federal removal–Kudos to the government on its birthright citizenship oral argument–Shut down forum shopping–Hypothetical:  A daughter from a conservative Muslim family leaves the house every morning wearing a hijab … Show Notes:–Stone v. Graham–Cox Communications, Inc. v. Sony Music Entertainment–Chevron USA Inc. v. Plaquemines Parish, Louisiana (24-813) Order Sarah’s bookhere. 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

Will the Supreme Court overturn religious precedent in the case of a Catholic preschool challenging its exclusion from a Colorado “universal preschool” program? Should the Supreme Court care about its own popularirty? And, is Ted Cruz a great option as for Supreme Court justice? Sarah Isgur and David French answer these questions and more, live at the University of Denver.Also: We are launching a SCOTUSblog newsletter on April 28!The Agenda:–‘Universal’ pre-K causes court to re-re-reconsider major religious precedent–This already happened–Public Opinion, Credible Threats, and the Fezzik Principle–Watch The Princess Bride–Justice Ted Cruz?–The Shadow Docket reporting by the New York Times–Questions from the audience 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

Sarah Isgur and David French push back against the New York Times ⁠reporting⁠ on the birth of the shadow docket, discuss Justice Sotomayor’s apology after criticizing him in personal terms during a speech at the University of Kansas School of Law, and interview  Oklahoma Gov. Kevin Stitt about ⁠McGirt v. Oklahoma⁠. The Agenda:–The birth of the shadow docket–Who leaked Dobbs?–Justice Sotomayor apologizes to Justice Kavanaugh–Justice Kagan’s screaming tantrum–Justice Thomas’s talk on the Declaration of Independence–We are the McGirt podcast 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

Sarah Isgur, on a whirlwind booktour, takes a break to deliver the legal goods with David French. The two discuss a Washington Post piece on civil rights data during the Trump era, Chiles v. Salazar, and free speech and AI liability in child porn. The Agenda:–Sarah on The View–David’s beef with WaPo piece on civil rights data –AI liability–Book restrictions in Iowa–Iowa law prevents schools from providing instruction relating to gender identity or sexual orientation– Religious challenge to vaccine mandates–Contract cases and undue influence Show Notes:–Federal appeals court upholds West Virginia school vaccine law–Chiles v. Salazar (conversion therapy) 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

Sarah Isgur and David French revisit Stephen Colbert’s favorite case, take a look at a rare biting word about Justice Brett Kavanaugh from Justice Sonia Sotomayor, and dive into a circuit court extravaganza. –Sarah is on a book tour! –Sotomayor vs. Kavanaugh–Citizens United is not controversial–Is there a judicial pipeline?–The seals are ugly–Circuit Court Extravaganza: Bathtub gin, pronouns, and sparkling sports gambling Show Notes:–The case establishing corporate personhood–Home distilling ban struck down after 158 years–Seals of the Circuit Courts (and then some!)–Short Circuit’s newsletter this week 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

Sarah Isgur and David French discuss President Donald Trump’s rhetoric over Iran, what constitutes a war crime, and what happens if a military officer fails to obey an order or regulation. The Agenda:–John Mulaney gives SCOTUSblog a shoutout–Threatening war crimes–Will President Donald Trump ever see the Hague–Judge Scalia rolling over in his grave–Article 92 and disobeying orders–David answers questions 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

Pam Bondi is no longer attorney general, Steve Bannon’s case is sent back to lower courts, and the Chiles decision on conversion therapy becomes nonpartisan.The Agenda:—Pam Bondi’s disastrous tenure—Three Year Letterman shoutout—SCOTUS kicks Steve Bannon’s case—Chiles v. Salazar—Law of War on President Donald Trump’s Easter tweet—No more exclamation points in judicial opinions!!! 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

Sarah Isgur is joined by David French, Amanda Tyler, Akhil Amar, and SCOTUSblog’s Amy Howe to react to the oral arguments in Trump v. Barbara, Donald Trump’s challenge to birthright citizenship.Watch the livestream here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Former New Jersey Gov. Chris Christie joins Sarah Isgur and David French to discuss his explicit argument with the former FBI Director Robert Mueller, remember a Christmas carol session with former Attorney General John Ashcroft, and weigh in on whether or not you should go to law school. The Agenda:–Birthright Citizenship: Preview–Welcome back, Gov. Christie!–Contempt of Court, Rule 11 Sanctions, and Disbarment–Going Full Monty on the Robert Mueller story–The state of the Justice Department–You should go to law school Show Notes:–John Ashcroft’s performance 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

Sarah Isgur and David French discuss two Supreme Court oral arguments: one on Mississippi accepting ballots five days after Election Day, one on turning away asylum seekers before they reach the border. The Agenda:–Watson v. Republican National Committee (election law)–The incentives won’t change when people vote–Sarah’s least favorite oral argument–Zorn v. Linton 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

Judge Rebecca Taibleson of the 7th Circuit Court of Appeals joins Sarah Isgur and David French for a conversation about her path to the federal bench. But first, the Supreme Court's unanimous Olivier v. City of Brandon decision on free speech zones, the viral Afroman jury verdict, and the Pentagon Press policy ruling.The Agenda:–Olivier v. City of Brandon, Mississippi–Afroman and the Streisand Effect–U.S. judge rules against Pentagon press restrictions–Cauliflower and Mark Twain–Interview with Judge Rebecca TaiblesonOrder 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

Live at the University of Pennsylvania's Carey Law School, Sarah and David are joined by Third Circuit Judge Stephanos Bibas to break down the Supreme Court's temporary protected status cases. They also debate whether a federal "defender general" would level the playing field and play a round of Marvel "What if?" with landmark Supreme Court moments. Order Sarah’s book here. The Agenda:–We await Gov. Chris Christie's return–TPS Cases: Cert Before Judgment for Haiti and Syria Nationals–Defender General: A New Office for Federal Public Defenders–Black Robe Syndrome–What If? Supreme Court alternative universes Show Notes:–"The Defender General" by Daniel Epps and William Ortman 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

Sarah Isgur and David French dive into two Ninth Circuit opinions: one involving an anti-discrimination law in Washington, another related to a first-grade girl being punished for giving her classmate a drawing inspired by what her teacher read in class. The Agenda:–Is the Fifth Circuit still the most conservative court?–Judge VanDyke’s swinging opinion–What is this case even about?–Adrian Vermeule weighs in–Don’t sic a kid’s drawing–First-graders have free speech rights Order Sarah’s book here. Show Notes:–The Postmodern Jurisprudence of Lawrence VanDyke 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

David French and Sarah Isgur break down new polling showing historic lows in trust for the Supreme Court, debate whether a public disagreement between Justices Brett Kavanaugh and Ketanji Brown Jackson helps or hurts the institution, and dive into oral arguments on property seizures and witness testimony rights. Show Notes–Hometown Program last call–Supreme Court polling and public trust–Justices Jackson and Kavanaugh clash–Trump vs. Supreme Court–Takings Case: property seizure over $2,000 debt–Appellate moments: Lisa Blatt and more 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

Welcome to the SCOTUSblog/Advisory Opinions Extended Universe, featuring hosts from "Amarica's Constitution" (Akhil Amar and Andy Lipka) and "Divided Argument" (Will Baude and Dan Epps). On today's episode, the group discusses substantive due process in the context of Mirabelli v. Bonta, a California law that prevented teachers from sharing information with parents about their children's gender transitions at school. The Agenda:–Mirabelli v. Bonta–What is Substantive Due Process?–Conservative Legal Movement & Substantive Due Process–Reconciling Dobbs, Retti, and Mirabelli–The Emergency/Interim Docket Debate Show Notes:–The emergency docket’s critics have it backwards 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