Advisory Opinions

Sarah Isgur and David French go through a few orders from the Supreme Court (including one that’ll have our libertarian friends jumping from the second-story window), a CNN article on Justice Ketanji Brown Jackson, and two dueling en banc decisions from the 3rd Circuit. –⁠Trigger warning for the libertarians⁠–⁠Prisons must continue providing gender-affirming care⁠–⁠Four justices recuse themselves...

Sarah Isgur and David French discuss the legal battle between the Trump administration and the East Potomac Golf Course, a certiorari grant on race-neutral admissions, and another on distilling booze at home. Finally, David asks Sarah about the Department of Justice’s hiring standards.The Agenda:–⁠Trump’s legal battle is par for the course⁠–⁠Supreme Court agrees to consider federal ban on home...

Sarah Isgur and David French are joined by Vince Chhabria, a judge for the U.S. District Court for the Northern District of California, and Stanford professor Nora Engstrom to discuss the incredibly high number of motions granted to seal documents and the line between secrecy and protecting the public interest. They also discuss three new cases that SCOTUS added to its oral argument docket and...

Sarah Isgur and David French discuss what’s on the Supreme Court’s docket, debate whether anonymous speech is protected by the First Amendment, and undergo a grim historical review of the death penalty after the Pentagon’s announcement that an execution will be livestreamed. The Agenda:–Columbus Day discourse–Video rental records and boring 1980s movies–Suing Hillary Clinton–Disputes over...

Sarah Isgur and David French discuss the surprisingly complicated Suncor SCOTUS oral argument, Justice Samuel Alito and his AI usage, and circuit cases on child sex abuse material, vaccine exemptions, and racial harassment. The Agenda:–Suncor Energy Inc. v. County Commissioners of Boulder County–An appropriate use of AI by Justice Alito?–“I don’t think Justice Alito has DraftKings on his...

The new Supreme Court term has officially started, Sarah Isgur has returned from Down Under, and Sherif Girgis is taking a job at Harvard Law School. The vibes on today’s podcast are immaculate as Sarah and David discuss the long conference before Girgis joins them to discuss Justice Samuel Alito’s new book and his recusal from the biggest case of the term. The Agenda:–42 pages of cert...

Elie Honig, CNN’s chief legal analyst, joins David French fresh off jury duty to discuss his piece for New York Magazine on how worried we should be about election challenges ahead of the midterms. The two also discuss the Supreme Court’s 6-3 decision on third-country removals, do some level-setting on the civil lawsuit against Cornell University over an alleged gang rape, and participate in a...

David French talks to CNN’s chief legal analyst, Elie Honig, at a time when CNN is in the news following President Donald Trump’s ban of the cable network from the White House. Honig takes us through CNN’s lawsuit seeking to regain access and the First Amendment argument media outlets are making. The two also discuss the Supreme Court’s ruling on the Missouri redistricting case, and Sarah Isgur...

Sarah Isgur and David French discuss the Missouri redistricting case now that the 8th Circuit has weighed in. Let’s stipulate that everything is a mess. Then, the two go through a few listener mailbag questions, including controversial school murals, marijuana law, and court packing. The Agenda:–SCOTUSblog coverage on the redistricting case–India’s Supreme Court, standing doctrine, and...

Sarah Isgur and David French discuss the upcoming “long conference” that marks the unofficial start to the new Supreme Court term, a prosecutor being referred to the Department of Justice for obstruction of justice, and a review of several circuit-court cases, including breaches of contract between marijuana-related businesses. Crime versus commerce reaches the courts. The Agenda:–⁠Hello Justice...