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Advisory Opinions

Author: The Dispatch

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Advisory 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.

404 Episodes
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Sore Losers and Dr. Phil

Sore Losers and Dr. Phil

2024-02-2901:11:32

Sarah and David have some legal catch-up to do but first on the docket is some rank punditry on Donald Trump's endless legal saga. The Agenda: —Why is there a delay on Trump’s cases? —David explains NetChoice v. Paxton —McElrath v. Georgia update —No Labels considers Nikki Haley —Dr. Phil’s our guy —Home Depot and free speech —NCAA name, image, likeness rules —AO dating app update Today's episode is supported by Burford Capital. Follow the link to learn more: http://burfordcapital.com/ao Learn more about your ad choices. Visit megaphone.fm/adchoices
Live from Alabama

Live from Alabama

2024-02-2701:13:47

Former U.S. Assistant Attorneys General Stephen Boyd and Jody Hunt, as well as U.S. Attorney for the Northern District of Alabama Prim Escalona join Sarah Isgur for a live recording of Advisory Opinions at the University of Alabama. The Agenda: —An update on the Alabama IVF ruling —To go to law school or not to go? —Private practice vs public service —Relationship and mom advice in high-stressed jobs —Audience QA Show Notes: —Chevron Deference discussed on Advisory Opinions. Today's episode is supported by Burford Capital. Follow the link to learn more: http://burfordcapital.com/ao Learn more about your ad choices. Visit megaphone.fm/adchoices
Judges Jennifer Elrod and Charles Eskridge join Sarah and David to explain the “inns” and outs of a special networking group for attorneys. The Agenda: —SCOTUS declines to hear TJ High School case[should we spell out?] —Harvard, antisemitic cartoons, and free speech —Biden’s authority to shut the border —The Inn of Court explained —Taylor Swift-themed parodies —Sarah sings for a second Show Notes: -Contact sam@smglawgroup.com for more information on the Houston showing Learn more about your ad choices. Visit megaphone.fm/adchoices
Alabama Against IVF

Alabama Against IVF

2024-02-2001:10:38

Sarah and David dive into an Alabama Supreme Court case designating embryos as minors and explain how this might affect abortion policy at large. The Agenda: —Has Alabama banned in vitro fertilization (IVF)? —Sarah’s experience with IVF —The post-Roe world —Climate scientist wins $1 million defamation case —Fani Willis and Nathan Wade take the stand —Donald Trump’s corporate death penalty —AO advice column: marrying a lawyer Show Notes: —David Lat's Original Jurisdiction Today's episode is supported by Burford Capital. Follow the link to learn more: http://burfordcapital.com/ao Learn more about your ad choices. Visit megaphone.fm/adchoices
Guns and the Aloha State

Guns and the Aloha State

2024-02-1501:09:23

Do people have a right to gun ownership even if it conflicts the “spirit of Aloha”? Sarah and David dig into a 53-page opinion from the Supreme Court of Hawaii that teeters on the edge of defiance. The Agenda: —Clarifying public accommodation and the anti-Zionist bookstore —Carrying a gun without a permit v. the Second Amendment —The Law of the Splintered Paddle —Bruen makes an appearance —Trump's briefs (to the Supreme Court) Show Notes: Today's episode is supported by Burford Capital. Follow the link to learn more: http://burfordcapital.com/ao Learn more about your ad choices. Visit megaphone.fm/adchoices
Memory issues, ghost writers, and presidential prosecutions. Media outlets are cherry picking bits and pieces from the Hur Report on Biden’s handling of classified documents, but Sarah and David spend a full episode analyzing its legal standards and implications. The Agenda: —Disclosing biases —Standards of evidence —Biden’s too old —Can we get the full recordings? —No security clearance for the ghost writer —Partisan brains reading the report —“No Zionists Allowed” in a bookstore Show Notes: —The Hur report Today's episode is supported by Burford Capital. Follow the link to learn more: http://burfordcapital.com/ao Learn more about your ad choices. Visit megaphone.fm/adchoices
Do Your Job ... SCOTUS

Do Your Job ... SCOTUS

2024-02-0901:13:01

Sarah and David cover the oral argument at the Supreme Court regarding the Colorado Supreme Court’s decision to block Trump from the ballot in the state. The Agenda: —David’s unpleasant déjà vu —All the ways Colorado will lose —The textualist approach —What process is due? —Non-Mutual Collateral Estoppel —David responds to Justice Kagan —Griffin’s case —U.S. Term Limits, Inc. v. Thornton —The advocates Learn more about your ad choices. Visit megaphone.fm/adchoices
The D.C. Circuit Court of Appeals has unanimously decided that Donald Trump is not immune from prosecution. On today's emergency pod, Sarah and David react to the decision's substance and how the timing affects the election. The Agenda: —Timing is everything —Word of the day: estoppel —Will SCOTUS take the case? —The opinion’s flaws —Whatis a president immune from? —What is an official act? —The parade of horribles argument —Why the Colorado disqualification case is relevant —The New Yorker: Sarah Isgur's Majority Report Learn more about your ad choices. Visit megaphone.fm/adchoices
Sarah and David invite District Judge Vince Chhabria on the pod to explain the state of multidistrict litigation and answer the question: Why does he listen to Advisory Opinions? The Agenda: —Justice Breyer’s jurisprudence —Judging vs. personal value judgments —David’s cringe a cappella group name —Constitutionality of magistrate judges —How to fix forum shopping —MDLs, explained —The pros and cons of MDLs —How to become a judge —Judge Chhabria’s clerk hiring process Learn more about your ad choices. Visit megaphone.fm/adchoices
Judge John K. Bush of the Sixth Circuit Court of Appeals joins Sarah to discuss the method and merits of the "history and tradition test." But first, Sarah and David dive into some Supreme Court gossip. The Agenda: —Addressing Justice Sotomayor's comments —David's gross speculation —More immigration talk —The problem with Remain in Mexico —Why we have hate crimes —Tiers of scrutiny —The problems with "history and tradition" —How to become a clerk for Judge Bush —How Judge Bush judges judging Show Notes: —Judge Bush's profile at the Federalist Society —Turner v. United States —R.A.V. v. City of St. Paul Learn more about your ad choices. Visit megaphone.fm/adchoices
Sarah and David dive deep into the state of immigration law and Texas Gov. Greg Abbott's legal battle with the Biden administration. The Agenda: —Amicus briefs for funsies —The asylum system problem —How to fix the crisis at the border —The border deal in the Senate —Civil War cosplay —National Guard and Texit detour —Football vs. politics redux Learn more about your ad choices. Visit megaphone.fm/adchoices
What Is Religion?

What Is Religion?

2024-01-2501:07:45

Sarah and David discuss ~vibes~ from a recent emergency docket ruling on razor wires along the Texas border plus Judge Newsom's latest concurrence on discrimination and religious advertisements. The Agenda: -Judge Kyle Duncan ruling and a SCOTUS reversal -Judge Kevin Newsom and religious advertisements -Raising highways in Texas -No Labels sending a letter to the DOJ -Fifth circuit divided in free speech case -Honoring former Solicitor General, law professor Charles Fried -Is it okay to cry at work? Show Notes: -Anti-Trump Lawsuits Are 'Greatly Mistaken': An Interview With David Boies Learn more about your ad choices. Visit megaphone.fm/adchoices
Sarah and David brave the tundras of the Vanderbilt campus to discuss left-leaning bias in pro-bono cases before diving into the details of Fulton County DA Fani Willis’ possibly salacious hires. The Agenda: -Left-leaning bias academic study -Trouble in paradise for Fani Willis -Top 10 tips from an Indiana Law Clerk -Defining “colorable” and “to cabin” -Alec Baldwin and new standards for Hollywood sets -Chevron listener question -Live Q&A Show Notes: -Pierson v. Post Learn more about your ad choices. Visit megaphone.fm/adchoices
Bad Facts for Chevron

Bad Facts for Chevron

2024-01-1901:02:46

Sarah and David appease a couple listeners’ requests before getting to the Loper Bright Enterprises v. Raimondo oral argument. The Agenda: —Words of the day: certiorari and conversion —Epic Games, Inc. v. Apple Inc. —Supreme Court humor —Congress (and the courts) do your job —Texas’ READER Act blocked by Fifth Circuit —Responding to listeners’ comments Show Notes: —Kisor v. Wilkie —Pierson v. Post Learn more about your ad choices. Visit megaphone.fm/adchoices
Dumb But Constitutional

Dumb But Constitutional

2024-01-1601:06:101

Sarah and David discuss a cert grant relating to homelessness in San Francisco and Massachusetts’s Eighth Amendment. But first, Sarah announces her pending litigation against Fairfax County. The Agenda: —Robinson v. California —The different types of justice —A no-fly list dispute —The law of war: Houthis —How do we beat pirates? —Anti-straight discrimination —DeSantis v. Warren Show Notes: —Niz-Chavez v. Garland, Attorney General —Smith v. Arizona —Sheetz v. County of El Dorado —Briahna Joy Gray's "nonviolent" tweet —Ames v. Ohio Dep’t of Youth Servs Learn more about your ad choices. Visit megaphone.fm/adchoices
Sarah and David address a few corrections from Tuesday’s episode before turning to the oral argument on Trump’s prosecutorial immunity. On the Agenda: —Can presidents order Seal Team Six to assassinate rivals? —Who is going to win this case? —Did we just fix qualified immunity? (No.) —Political advertising at the Ninth Circuit —Should I go to law school? Pt. 97 Show notes: —Marbury v. Madison —Mississippi v. Johnson Learn more about your ad choices. Visit megaphone.fm/adchoices
En Bonkers Opinion

En Bonkers Opinion

2024-01-0901:13:07

Sarah and David attend to AO housekeeping before diving into some creative 20th Amendment theories. Plus: —The distinction between law violation and norm violation; —Trump’s prosecutorial immunity and legal yay's; —The role of Congress in determining eligibility for office; —A prosecutor working for both sides of the bench; —Judge Ho concurs in an employment discrimination case; —More employment discrimination out of the 11th Circuit; and —The misguided war on the SAT. Show notes: - Lake Beach  Learn more about your ad choices. Visit megaphone.fm/adchoices
David and Sarah are back from a hearty break and catch up on cases from last year and various legal topics, including judicial salaries and the death of Justice Sandra Day O’Connor. Stay tuned for: —David and Sarah’s low confidence in the outcome of the Jarkesy case; —No love lost for the Sacklers; —A good attempt at avoiding the income tax; —Maine skipping due process; and —A lawsuit that could eviscerate the realtor business. Learn more about your ad choices. Visit megaphone.fm/adchoices
Sarah joins David Lat's Original Jurisdiction to review 2023's best (and worst) legal cases and lawyers and make some hopeful (and less hopeful) predictions about the coming year. Learn more about your ad choices. Visit megaphone.fm/adchoices
In this emergency pod, Sarah and David discuss the Colorado Supreme Court’s decision to disqualify Donald Trump from the state’s primary and general election ballots. They take listeners through: —How they speed read court opinions; —The self-execution of Section 3 of the 14th Amendment; —The concept of non-justiciability (and how to pronounce it); —Problems with congressional drafting; —Debating incitement; and —What will SCOTUS do? Show Notes: -Prof. Will Baude on Section 3, Insurrection, and Trump -Coup de Target -Incitement of Insurrection Learn more about your ad choices. Visit megaphone.fm/adchoices
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Comments (10)

Ellen Munter

No, Taylor states that she left her scarf and he kept it. Which isn't theft. And the song is only 10 minutes long. Just saying.

Feb 25th
Reply

Gail G

I would be interested to hear from David how individuals can support Ukraine.

Jun 13th
Reply

Golden boy

French the rhino. Pedophile enabler

Jun 27th
Reply

Douglas Fitch

Sarah, Try the BK chicken sandwich. Really one of the best.

Jun 8th
Reply

Andrew Xu

This podcast deserves more traction.

Feb 17th
Reply

Eliza Howarth

whoa. she is way out of line and totally illogical with her whataboutism re: Abrahms & saying it's identical to the Trump campaign to invalidate the national election

Dec 7th
Reply

EMMA GRAY

So boring.

Oct 24th
Reply

Michael Mount

Sarah Isgur is a moron.

Sep 17th
Reply (1)

Debi Simons

PLEASE, PLEASE. PLEASE, SARAH--STOP INTERRUPTING. Sorry about the all caps, but it drives me crazy. People don't interrupt you!

Jun 5th
Reply
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