416 episodes
Advisory Opinions The Dispatch
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- News
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4.8 • 3.4K Ratings
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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.
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Real Originalism Has Never Been Tried
Sarah and David explain the jury questionnaire in Alvin Bragg’s case against Donald Trump before getting into the weeds of the origins of originalism.
The Agenda:
—How to select a jury for Trump
—Celebrity trial jury instructions
—Biden swings again at student loan forgiveness
—Did the Warren court birth originalism?
—Originalism vs. platonic idealism
—More questions from a high schooler
—How do judicial ethics actually work?
—The myth of the 6-3 court
—The most important SCOTUS decisions
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Jack Smith Scolds Judge
Things get heated in Trump’s classified documents case. In a court filing this week in Donald Trump’s classified documents case, special counsel Jack Smith challenged Judge Aileen Cannon by vowing to appeal any decision that included the Presidential Record Act in jury instructions. David and Sarah discuss Smith's public move and what it means for the case.
The Agenda:
—Sarah's recaps her defamation law musical experience
—Justice Sotomayor's age raises questions about the right time for Justices to retire
—Is Trump's defense counsel actually good?
—Jack Smith's frustration with Judge Aileen Cannon
—Answering questions from high school students
—Yes, we're still discussing work-life balance
Show Notes:
—Presidential Records Act
—New York Times Company v. Sullivan
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The Federalist Society in Peril
Sarah and David dive into two op-eds challenging the Federalist Society and the call for lawyers to uphold the tradition of liberty under law.
The Agenda:
—Mayfield v. Butler, retaliation, and political targeting
—Risks and challenges facing the Federalist Society
—Did Trump-era advances in jurisprudence come at a deep civic cost?
—The Thomas’ article on the judicial filibuster
—Will Peter Navarro’s attempts to evade jail time succeed? (Spoiler: No)
—Sarah and David answer work-life balance questions
Show Notes:
—Villareal v. City of Laredo
—Gonzalez v. Trevino
—Justice Breyer's bookshelf
—Advisory Opinions podcast on Federal Judges visiting Israel
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Federal Judges Examine The Israel-Hamas War
Federal Judges Roy Altman, Lee Rudofsky, and Amul Thapar join Sarah and David to discuss their recent trip to Israel along with 11 other federal judges that focused on the question of the day: Is Israel complying with international law as it pursues its war against Hamas in Gaza?
The Agenda:
—The purpose of the judges’ trip
—Walking through the locations of the October 7 attack
—Gruesome tactics by Hamas
—Military authority in Israel
—Israel’s legitimacy as a nation-state
—Debunking the “Israelis as colonists” narrative
—David’s JAG experience
—Double standards and antisemitism
—The Jewish idea of gratitude
This conversation includes discussion of graphic content related to the October 7 attacks in Israel. Listener discretion is advised.
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What the Abortion Pill Case Is Really About
Sarah and David discuss the legal arguments and media spin around the Mifepristone abortion pill case.
The Agenda:
—Mifepristone at the Supreme Court
—SCOTUS and the 5th Circuit
—Arresting a 72-year-old woman
—The "Burning Man" festival of Alaska
—Red brief, green brief, orange brief too
—The stigma of the green bubbles and the DOJ's antitrust case against Apple
Show Notes:
—Oral argument transcript, FDA v. Alliance Hippocratic Medicine
—Federal Judge Roy J. Altman speaks on his recent trip to Israel
—Sarah v. Kara on Bill Maher
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Judge Cannon's Clerkship Problem
In this double-guest special, David Lat shares his original reporting on the exodus of Judge Aileen Cannon’s clerks and its implications for Trump's classified documents case. Judge David Proctor of the Northern District of Alabama then joins to explain the history and function of the federal judiciary and its committees, including the Judicial Conference.
The Agenda:
—Do younger clerks just not understand hard work?
—Judge Cannon’s declining reputation
—Delays in Trump’s documents case
—How the federal judiciary came to be
—Rule-making process for the Federal Rules of Civil Procedure
—Multi-district litigation and its criticisms
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Customer Reviews
One of my favs
Sarah and David are fantastic minds. I enjoy listening to people at the top of their game. I’m not a lawyer but they explain things well enough for non-lawyers to follow. I find it very educational and helpful for following all the Trump cases.
UPDATE: This Podcast Rocks
I left a poor review a month or so earlier praising David but criticizing Sarah. I deleted that review and am writing a new one in its place.
This podcast rocks. It certainly grew on me, as did Sarah. After I wrote my negative review, I reflected on my current political podcast diet that skews moderate. Ultimately, I am grateful this podcast exists. David and Sarah are excellent legal minds- bright, funny, and insightful. Both ask great questions of their guests and expose listeners to an under-appreciated (and importantly, under-reported) side of the legal landscape. Both appear to freely express their views without fear of criticism or scorn. They take time address criticism they receive and state their opinions. I can’t think of a better opportunity for someone like me (who doesn’t agree with them on every viewpoint) to learn and develop my views on legal issues. And finally, as a legal layperson, I learn a lot about the court systems and the law. 5 stars!
The best and most important thing I listen to
Although I lean more liberal than conservative, this podcast instantly became my go-to for legal current-events coverage. I love that there is no culture-war pandering, or partisan dog-whistling, just law and facts. Sarah and David are two of the sanest voices in the legal and political opinion space, and I appreciate what they are doing so much. Our country needs to amplify more grown-up voices like Sarah and David’s. Thank you for what you do!