Épisodes

  • SCOTUS Sides with Trump

    SCOTUS Sides with Trump
    Jun 27 2025
    Divided Argument hosts Daniel Epps and William Baude join Sarah Isgur to unpack the Supreme Court’s decision (ahem, non-decision) on birthright citizenship. Plus: a little showdown between two justices. The Agenda:—What the Supreme Court did NOT decide—What the Court DID decide—Similarities to Marbury v. Madison,Loper Bright, and Chevron—Justice Amy Coney Barrett v. Justice Ketanji Brown Jackson—Judicial supremacy?—Sir, this is not a Denny’s—Injunction influx—The future of forum shopping—A big July for Advisory Opinion Show Notes:—SCOTUSblog on the 6-3 decision itself This episode is brought to you by Burford Capital, the leading global finance firm focused on law. Burford helps companies and law firms unlock the value of their legal assets. With a $7.2 billion portfolio and listings on the NYSE and LSE, Burford provides capital to finance high-value commercial litigation and arbitration—without adding cost, risk, or giving up control. Clients include Fortune 500 companies and Am Law 100 firms, who turn to Burford to pursue strong claims, manage legal costs, and accelerate recoveries. Learn more at burfordcapital.com/ao. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    1 h et 18 min
  • Ruling Against Planned Parenthood

    Ruling Against Planned Parenthood
    Jun 27 2025
    Sarah Isgur and David French face the muddiness of a case on moving criminal aliens to South Sudan, the messiness of death penalty cases, and the potential abortion distortion of a plain ol’ statutory question. Today’s dessert, though, is analyzing an interview of Justice Samuel Alito by the Hoover Institution. The Agenda:—Mark Justice Clarence Thomas off your bingo card—Supreme Court’s yellow light for moving criminal aliens to third-party countries—Gutierrez v. Saenz—Medina v. Planned Parenthood South Atlantic—Sarah’s pet peeve: 18th century life expectancy stats—Chief + Gorsuch = criminal justice case—Alito time This episode is brought to you by Burford Capital, the leading global finance firm focused on law. Burford helps companies and law firms unlock the value of their legal assets. With a $7.2 billion portfolio and listings on the NYSE and LSE, Burford provides capital to finance high-value commercial litigation and arbitration—without adding cost, risk, or giving up control. Clients include Fortune 500 companies and Am Law 100 firms, who turn to Burford to pursue strong claims, manage legal costs, and accelerate recoveries. Learn more at burfordcapital.com/ao. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    1 h et 4 min
  • Hubris in Legal Movements

    Hubris in Legal Movements
    Jun 24 2025
    Sarah Isgur and David French cover two less-exhilarating Supreme Court decisions (faxes, anyone?) and re-visit the Skrmetti decision. It’s four decisions from the district courts, though, that really steal the show. The Agenda:—TikTok ban ticks on—Diamond Alternative Energy v. EPA—McLaughlin Chiropractic Associates, Inc. v. McKesson Corp.—What constitutes gender dysphoria?—Free expression in the spa?—Supreme Court won’t bother with Trump’s call on the National Guard now—New Mexico kidnapping and murder case and the commerce clause—Public schools’ 10 Commandments This episode is brought to you by Burford Capital, the leading global finance firm focused on law. Burford helps companies and law firms unlock the value of their legal assets. With a $7.2 billion portfolio and listings on the NYSE and LSE, Burford provides capital to finance high-value commercial litigation and arbitration—without adding cost, risk, or giving up control. Clients include Fortune 500 companies and Am Law 100 firms, who turn to Burford to pursue strong claims, manage legal costs, and accelerate recoveries. Learn more at burfordcapital.com/ao. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    1 h et 9 min
  • Skrmetti and Certiorari

    Skrmetti and Certiorari
    Jun 19 2025
    Sarah Isgur and David French break down the Supreme Court’s 6-3 decision to uphold Tennessee’s law that bans transgender medical intervention for minors. It’s about age, not sex. The Agenda:—Banning TikTok—Trump defies Congress—Tennessee’s ban on certain medical treatment for transgender minors—Queasy about judge-made doctrines—The girls are fighting—Just call it cert Show Notes:—Jack Goldsmith on Iran This episode is brought to you by Burford Capital, the leading global finance firm focused on law. Burford helps companies and law firms unlock the value of their legal assets. With a $7.2 billion portfolio and listings on the NYSE and LSE, Burford provides capital to finance high-value commercial litigation and arbitration—without adding cost, risk, or giving up control. Clients include Fortune 500 companies and Am Law 100 firms, who turn to Burford to pursue strong claims, manage legal costs, and accelerate recoveries. Learn more at burfordcapital.com/ao. 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, ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠click here⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    1 h et 10 min
  • Unprovoked War

    Unprovoked War
    Jun 17 2025
    Sarah Isgur and David French break down Israel’s latest strikes on Iran and the legal questions surrounding them. Was it a justifiable preemptive move, a murky act of prevention, or simply part of an already ongoing war? The Agenda:—Hypotheticals and lawful acts of war—The role of international law—Iran’s response—Trump’s national guard deployment—Raiding Los Angeles—Wrong, wrongy wrong, McWronger face—Time for some role play—Justice Amy Coney Barrett: A New Era in the Supreme Court This episode is brought to you by Burford Capital, the leading global finance firm focused on law. Burford helps companies and law firms unlock the value of their legal assets. With a $7.2 billion portfolio and listings on the NYSE and LSE, Burford provides capital to finance high-value commercial litigation and arbitration—without adding cost, risk, or giving up control. Clients include Fortune 500 companies and Am Law 100 firms, who turn to Burford to pursue strong claims, manage legal costs, and accelerate recoveries. Learn more at burfordcapital.com/ao. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    1 h et 24 min
  • Right To Sue the Feds

    Right To Sue the Feds
    Jun 12 2025
    Sarah Isgur and David French check the temperature on Thursday’s Supreme Court hand downs (cold term, anyone?), diving into a case where federal agents raided the wrong house. The Agenda:—Death penalty stuff and successive habeas petitions—Gorsuch the libertarian—FBI raid gone wrong—Explaining the Federal Tort Claims Act and Bivens—Conspiracy theory time—Associated Press and their access to press—We’re all ‘cranckpots’ —Is yoga protected by the First Amendment? 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, ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠click here⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    1 h et 5 min
  • Liberal Justices, Conservative Outcomes

    Liberal Justices, Conservative Outcomes
    Jun 10 2025
    Sarah Isgur and David French break down the legal merits of the Trump administration’s mobilization of the National Guard and the latest opinions from the liberal side of the Supreme Court. The Agenda:—Federalization of National Guard troops—Liberal justices, conservative outcomes—AI’s bad legal analysis—Reverse employment discrimination—Suing gun manufacturers—Catholic charities—Class-action lawsuit and kiosks Show Notes:—Mitch Landrieu on The Dispatch 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, ⁠⁠⁠⁠⁠⁠⁠⁠⁠click here⁠⁠⁠⁠⁠⁠⁠⁠⁠. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    1 h et 5 min
  • Abundance Judges

    Abundance Judges
    Jun 5 2025
    Sarah Isgur and David French discuss the hottest case on everyone’s lips—Seven County Infrastructure Coalition v. Eagle County—and how buzz around Abundance Democrats may have influenced the outcome. The Agenda:—Some regulatory papers are longer than the railroads entities were requesting to build—Subbing in recused SCOTUS judges, what could go wrong?—Abortion battles in Texas—Yes, maybe having Steve Bannon's case at the Supreme Court is a good thing—Judges act differently on camera Show Notes:—John Ross' "Short Circuit" newslette 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, ⁠⁠⁠⁠⁠⁠⁠⁠click here⁠⁠⁠⁠⁠⁠⁠⁠. Learn more about your ad choices. Visit megaphone.fm/adchoices
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    48 min