Advisory Opinions

Sarah Isgur and David French discuss lengthy, consolidated Supreme Court arguments from Idaho and West Virginia over state laws banning transgender athletes. The Agenda:–Supreme Court appears likely to uphold transgender athlete bans–Court finds police properly entered man's home despite absense of warrant–SCOTUS allows challenge to mail-in ballots–Lindsay Halligan’s ‘gross abuse of power’?–Should judges pack heat?–Sarah Isgur’s fire tweet Show Notes:–Trump Is 'Chest-Beating' Over a Retreat 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—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Harvard law professor Richard Re discusses the evolution of the Supreme Court from the Warren court to the present day, highlighting the historical context of the court's decisions, the role of swing justices, and the current dynamics of originalism and textualism in judicial interpretation.The Agenda:—What is the conservative Warren court?—Reversal in power dynamics—The swing justice era—The Roberts court has the lowest rate of overturning precedents—Common good constitutionalism reflects a generational pivot in legal thought—Textualism is now seen as the generally accepted mode of interpretation—Deference’s varied meaningsShow Notes:—Richard Re: To a Conservative Warren Court—Oral argument live blog for Tuesday, January 13—Justices Alito and Thomas dissent in the Parents Protecting Our Children case—Did Justice Kagan debilitate the administrative state?—Not Enough Respect for the Judiciary—Or Too Much?—Supreme Court Increasingly Favors the Rich, Economists Say—Does the Supreme Court Favor the Rich?—Has the Supreme Court Helped Save Democracy? 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—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah Isgur and David French return for a bonus episode on the Minneapolis ICE shooting and explain the concept of Supremacy Clause immunity. The Agenda:—Corrections from Thursday's episode—How to analyze police shootings—Federalism and the Supremacy Clause—Federal officer removal—Broader impacts of police violence—Bowe v. United States—Church autonomy and employment law 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—including access to all of our articles, members-only newsletters, and bonus podcast episodes—⁠⁠click here⁠⁠. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member ⁠⁠by clicking here⁠⁠. Learn more about your ad choices. Visit megaphone.fm/adchoices

David French and Sarah Isgur discuss the legal arguments underpinning the arrest of Nicolás Maduro and dive into a legal challenge to mandatory diversity and inclusion training. The Agenda:—Can we and should we arrest foreign leaders?—Official acts and sovereignty—Military response vs. legal prosecution—How real is international law?—Legal argument for regime change—Trump v. United States—Compelled speech in mandatory training—Qualified immunity Show Notes:—Jack Goldsmith on Venezuela—Steve Vladeck on Venezuela—Trump v. Illinois—David Lat's top 10 stories of 2025 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—including access to all of our articles, members-only newsletters, and bonus podcast episodes—⁠click here⁠. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member ⁠by clicking here⁠. Learn more about your ad choices. Visit megaphone.fm/adchoices

David French is joined by David Lat to explore the legality of the Trump administration's arrest of Venezuelan President Nicolás Maduro and President Trump's recent loss at the Supreme Court over his mobilization of the National Guard. The Agenda:—Can we arrest foreign leaders?—Compliance with international law—The arrest of Manuel Antonio Noriega—Presidential authority and war powers—Trump v. Illinois—National Guard mobilization—The Court's relationship with Trump—Top legal stories of the year Learn more about your ad choices. Visit megaphone.fm/adchoices