Sarah Isgur and David French discuss striking jurors on race, Constitution deep cuts on the domestic violence clause and bill of attainder clause, and abortion distortion.

The Agenda:
—Transcript changes and the funniest Justice
—Batson claims and cert grants
—Trump v. Illinois and the domestic violence clause
—Bill of attainder clause and abortion distortion
—Ross Douthat's interesting interview over transgender rights
—Aspiring lawyers: learn how to write!

Show Notes:
—Ninth Circuit Judge Bybee's statement supporting en banc review

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.

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As an early Christmas present for David French, Sarah Isgur invites professors Will Baude and Julian Davis Mortenson on the podcast to answer all questions about originalism. But first, should an IQ test determine whether someone will be sentenced to death?

The Agenda:
—Listener emails
—United States v. Ham
—SCOTUS’ approach to executive power
—Burkeanism and the administrative state
—Debating the removal power
—Judicial restraint and non-delegation doctrine

Show Notes:
—David French: We’re Trying to Find a Line the Supreme Court Won’t Cross

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.

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Sarah Isgur and David French kick things off by revisiting the Slaughter case and responding to an insightful access-to-justice question from a listener. Then they break down the Supreme Court’s latest GVR on school vaccine mandates before diving into two fresh oral arguments: Olivier v. City of Brandon and NRSC v. FEC.

Plus, a brief return of grifter Sarah.

The Agenda:
—A correction to our livestream
—The Supreme Court argument that could have been an email
—Religious exemptions and vaccine mandates
—The case of the street preacher
—Understanding campaign finance law
—The super PAC dilemma
—Can Jasmine Crockett win Texas?

Show Notes:
—Sarah's piece for the New York Times

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.

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Following the Supreme Court arguments in Slaughter v. United States, Sarah Isgur and David French join legal scholar Adam White to break down a session that became a referendum on whether Congress can insulate modern independent agencies from presidential control.

SCOTUSblog’s Amy Howe also joins from the steps of the Supreme Court to relay her observations from inside the courtroom.
Watch the livestream 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.

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Sarah Isgur and David French answer the masses’ demands in this pre-argument, foundational episode, diving into new levels of legal nerdery as they preview the oral arguments in the obscure administrative and constitutional law battle better known as Trump v. Slaughter.

The Agenda:
—Creating the modern administrative state
—Striking the class of bureaucrats
—‘But this wolf comes as a wolf’
—Taft takes care of his bros
—Military justice and Defense Secretary Pete Hegseth’s actions

Show Notes:
—Adam White’s episode with Sarah Isgur
—Join us for our December 8 livestream!
—Meyers v. United States
—Can you challenge a state subpoena in federal court?

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.

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Sarah Isgur and David French break down Defense Secretary Pete Hegseth’s military orders on the suspected drug-trafficking boats in the Caribbean.

The Agenda:
—Breaking down Hegseth’s orders
—Catch our live AO episode next Monday!
—Bloomberg law’s documentary
—A.J.T. v. Osseo Area Schools, Independent School District
—Frivolous lawsuits
—Sidelining Alina Habba
—President Trump’s last criminal case dismissed
—Catch up on our last podcast

Show Notes:
—Jonathan Adler: Is the 4th Circuit the new 9th Circuit?
—9th Circuit Judge Patrick Bumatay’s speech at the Federalist Society Convention

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.

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Sarah Isgur invites Adam White, co-director of the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State, to identify the major administrative law issues on the horizon in the next five to 10 years.

The Agenda:
—The Roberts Court and the Trump Term
—The legislative veto
—Immigration and Naturalization Service v. Chadha
—Decline of congressional power
—Supreme Court reform and the future of judicial powers

Show Notes:
—Adam's currently nameless newsletter at AEI
—Adam's column at SCOTUSblog
—The Foreshadow Docket
—Is Humphrey’s Executor headed for Slaughter?

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.

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Sarah Isgur and David French provide an update on the Texas redistricting case and criminal charges against former FBI Director James Comey and New York Attorney General Letitia James, before moving on to recent grant, vacate, remand (GVR) orders.

The Agenda:
—Grand jury indictment update
—Texas redistricting
—GVRs, confrontation clause, and party presentment
—SCOTUS doesn't move to end birthright citizenship
—Metering at the border
—Ruth Bader Ginsbird 
—Join our livestream analyzing Trump v. Slaughter on December 8

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.

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Sarah Isgur and David French react to Judge Jerry Smith's unconventional dissent in the legal challenge against the Texas GOP redistricting effort.

Also: James Comey may catch a break after U.S. Attorney Lindsey Halligan's presentation before the grand jury exposed amateurish errors.

The Agenda:
—Sudafed as an enemy
—Judge Jerry Smith's dissent
—Redistricting challenges in Texas
—Comey's case and grand jury proceedings

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.

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What does a federal firearm prohibition and a hate crime have to do with the Commerce Clause? Sarah Isgur and David French look at the constitutionality of two cases and whether the Supreme Court will accept a challenge to the law.

Plus: Jonathan Karl, author of Retribution: Donald Trump and the Campaign That Changed America, joins the pod to discuss Donald Trump’s legal challenges during the 2024 campaign.

The Agenda:
—Ken Burns’ latest documentary
—United States v. Lopez
—U.S. appeals court upholds hate crime convictions
—Reason: Is the Federal Prohibition on Felon Firearm Possession Constitutional?
—The final act of the Trump Show
—The New York indictment as Trump’s campaign stage

We’re running a listener survey, which you can find at thedispatch.typeform.com/podcast.

Show Notes:
—Listen to our Dispatch Podcast interview with Jonathan Karl, Steve Hayes, and Declan Garvey

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.

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Sarah Isgur and David French do a deep dive into the nondelegation clause and the role of Congress in delegating authority.

The Agenda:
—CLE credit now available in Texas for our tariffs livestream
—Dave Portnoy and disturbing the peace charges
—Nondelegation doctrine primer
—The Case of Mr. Pheasant
—What is structural constitutionalism?
—Justice Gorsuch's legacy
—Court to consider prison inmate’s religious liberty claims
—Legal scenarios around service member participation in strikes outside Venezuela

We’re running a listener survey, which you can find at ⁠thedispatch.typeform.com/podcast⁠. 

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