Advisory Opinions

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...