

Advisory Opinions
The Dispatch
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.
Episodes
Mentioned books

Mar 8, 2022 • 1h 11min
Cosby, Wooden, and the Supreme Court's Busy Day
On today’s podcast, David and Sarah talk about five, yes, five Supreme Court opinions, including cases involving criminal law, state secrets, and social media moderation. They mainly focus on a fascinating case that asks, when are ten crimes one crime? Show Notes:-Wooden v. United States-United States v. Tsarnaev-Cameron v. EMW Women’s Surgical Center, P. S. C.-United States v. Zubaydah-Supreme Court Order List
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Mar 3, 2022 • 1h 13min
January 6 Committee Alleges ‘Criminal Conspiracy’
On today’s episode, David and Sarah start with a Supreme Court update that features cases about adoption and religious freedom before moving on to an extensive discussion of a court filing contesting John Eastman's claims of attorney-client privilege. Does this filing indicate that Donald Trump committed a crime? Also David and Sarah briefly discuss international law and whether European Union membership for Ukraine would mean that the EU would have to fight for Kyiv. Finally, Sarah ends the podcast with the first date story the listeners all wanted to hear. Show Notes:-Egbert v. Boule oral argument transcript-January 6 court filing-Eastman and Gregory email exchange-SCOTUS-Toons
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Feb 28, 2022 • 1h 25min
Judge Strikes Down High School's Racial Balancing Policy
On today’s podcast, David and Sarah discuss a new case striking down a high school admissions policy in Virginia, digress into a talk about the power of Ukrainian courage, and then return to the law to talk about Clarence and Ginni Thomas and conflicts of interest. They finish with an extended discussion of the role of legislation in regulating the dissemination and discussion of ideas in public schools. Show Notes:-Coalition for TJ v. Fairfax County School Board-Volodymyr Zelenskyy on the Ukrainian version of Dancing with the Stars-Washington Examiner: “The media's war on Clarence and Ginni Thomas”
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Feb 25, 2022 • 1h 25min
David and Sarah at Yale
On today’s podcast, David and Sarah take a trip to New Haven to speak with the law students of Yale University. It’s another packed show. The Supreme Court heard oral argument in a case that dealt with whether a state can defend a rule when the United States stops doing so. Plus, they discuss public-accommodation law and a redistricting lawsuit in Arkansas, but that’s not all, sparks fly when our hosts open the floor for questions. Show Notes:-Arizona v. City and County of San Francisco, California-303 Creative LLC v. Elenis-Arkansas State Conference NAACP v. Arkansas Board of Apportionment-David in The New York Times: “We Disagree on a Lot of Things. Except the Danger of Anti-Critical Race Theory Laws.”
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Feb 22, 2022 • 1h 25min
Supreme Court to Review ‘Remain in Mexico’
Today’s podcast is more fast-paced than the NBA All-Star game. David and Sarah talk about the Supreme Court and immigration, Trump and free speech, vaccines and drama in the Fifth Circuit, qualified immunity, and no podcast would be complete without a quick conversation about treason. Buckle up, this pod never slows down. Show Notes:-Fifth Circuit opinion-Eleventh Circuit opinion-Scott’s law review article: “Qualified and Absolute Immunity at Common Law”
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Feb 17, 2022 • 1h 11min
What Were You Thinking?
On today’s podcast, David and Sarah are amazed by developments in the Sarah Palin trial, and they explain why. They discuss some excellent commentary on the latest Durham allegations, and spend some time talking about Florida's "don't say gay" law and wonder whether it might have constitutional problems. They end with the Rule 22.4 discussion that the people demand. Show Notes:-Andrew’s piece: “Making Sense of the Latest Clinton-Trump-Russia Court Filing”-Julian Sanchez’s thread on the Durham filing-Letter asking Justice Gorsuch to block New York City’s vaccine mandate -Rule 22. Applications to Individual Justices
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Feb 14, 2022 • 1h 21min
Judge's Letter Fails to Disclose Conflict of Interest
On today’s episode, David and Sarah pop from topic to topic, including a discussion of a very strange letter, a brief foray into the Electoral Count Act, a few observations about the Trump top secret document revelations and the most recent John Durham filing. They wrap up with Olympic nonsense. The Russians are at it again. Show Notes-Judge Clemon's letter to President Biden-J. Michael Luttig: “The Conservative Case for Avoiding a Repeat of Jan. 6”-Latest John Durham filing-Reuters: “Anti-doping agencies, IOC brace for drawn-out Valieva case”
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Feb 11, 2022 • 1h 26min
Supreme Court Restores Alabama Voting Map
It's a day of disagreement! David and Sarah walk through a critical Supreme Court voting rights case, and come out in a different place. They walk through the Sarah Palin trial, and come out in a different place. But then, unity reigns when Sarah concludes the podcast by dunking on Russia and hanging on the rim. Show Notes:-Merrill v. Milligan-Purcell v. Gonzalez-Section 2 of the Voting Rights Act: Vote Dilution and Vote Deprivation-Slate: “Sarah Palin Takes the Stand”-Washington Post: “Palin trial exposes the allure of ‘both sides’ journalism”
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Feb 8, 2022 • 1h 15min
New Supreme Court Frontrunner?
On today’s episode, David and Sarah dive into multiple issues. Is Ketanji Brown Jackson still Biden's frontrunner? Also, she wrote her first D.C. circuit opinion. What does it say about her jurisprudence? They also talk about an odd case about Yelp reviews before turning to more serious subjects--deadly no-knock raids and once more about NFL coaches, and how cultures can develop unfair systems. Show Notes:-Reason: “Judge Ketanji Brown Jackson's First Circuit Court Opinion”-Politico: “Former clerk rewrites SCOTUS contenders’ Wikipedia bios”
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Feb 4, 2022 • 1h 23min
NFL Faces Racial Discrimination Lawsuit
On today’s podcast, David and Sarah talk about all aspects of Brian Flores's lawsuit against the NFL, with a deep dive into law and culture. They then turn to he who shall not be named and pour water on a specious vision of the apocalypse. They wind up with an impromptu discussion of Whoopi Goldberg, Roseanne Barr, grace, and accountability. Show Notes:-Brian Flores's NFL lawsuit-David in The Atlantic: “The NFL Has a ‘Good Ol’ Boy’ Problem”-New York Times: “Cawthorn Challenge Raises the Question: Who Is an ‘Insurrectionist’?”-Politico: “Biden vs. Trump: The Makings of a Shattering Constitutional Crisis”-Representative Victor Berger of Wisconsin, the First Socialist Member of Congress
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