115 episodes

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.

Advisory Opinion‪s‬ The Dispatch

    • Politics
    • 4.8 • 1.4K Ratings

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.

    Nondiscrimination Law and the Equality Act

    Nondiscrimination Law and the Equality Act

    Is the Equality Act necessary to codify Bostock v. Clayton County? How might the Equality Act affect religious liberty, if at all? How do we definitively differentiate between men and women? Today, our hosts chat about invidious sex discrimination as it relates to the Equality Act, and what this law means for the future of nondiscrimination law if it is passed by the Senate. Stay tuned to hear our hosts recap oral arguments for Brnovich v. Democratic National Committee, a Supreme Court case that deals with the Voting Rights Act.

     

    Show Notes:

    -“The Equality Act Has a Foundational Legal Problem” by David French in The Dispatch.

    -Radiolab Presents: Gonads.

    -Bostock v. Clayton County.

    -Religious Freedom Restoration Act.

    -Fulton v. City of Philadelphia.

    -Brnovich v. Democratic National Committee and its Supreme Court oral arguments.

    -Shelby v. Holder.

    See omnystudio.com/listener for privacy information.

    • 1 hr 17 min
    Hot Pursuit

    Hot Pursuit

    The Supreme Court heard oral arguments last week for Lange v. California, a Fourth Amendment case that will determine whether a police officer’s hot pursuit of a person suspected of committing a misdemeanor counts as an exigent circumstance to justify the officer’s warrantless entry onto the suspect’s property. In today’s Supreme Court heavy episode, Sarah and David also talk about two other cases dealing with hostile work environments and whether women should constitutionally be required to register for the draft.

     

    Show Notes:

    -Lange v. Californiaoral arguments and transcript.

    -National Coalition for Men v. Selective Service System cert petition.

    -Robert Collier v. Dallas County Hospital Districtcert petition.

    -Rostker v. Goldberg.

    See omnystudio.com/listener for privacy information.

    • 1 hr 5 min
    The Shadow Docket

    The Shadow Docket

    Supreme Court Justice Clarence Thomas made headlines last week for his dissent to the majority’s denial of cert in Republican Party of Pennsylvania v. Veronica Degraffenreid. Even though his dissent mainly focused on the mootness of the case, many media outlets seized on the opportunity to mischaracterize Justice Thomas’ argument by claiming he promoted President Trump’s baseless voter fraud claims. After Sarah and David give us their spiel about how media outlets often botch Supreme Court coverage, University of Chicago Law professor William Baude joins today’s show for an extremely nerdy conversation about the Supreme Court’s shadow docket that you won’t want to miss.

     

    Show Notes:

    -Republican Party of Pennsylvania v. Veronica Degraffenreid.

    -“Dissent by Justice Thomas in election case draws fire for revisiting baseless Trump fraud claims” by Mark Joseph Stern in Slate.

    -“Clarence Thomas Promotes Trump’s Voter Fraud Lies in Alarming Dissent” by John Fritze in USA Today.

    -“Foreword: The Supreme Court's Shadow Docket” by William Baude in the New York University Journal of Law & Liberty.

    -Feb. 18 House Judiciary Committee hearing on the Supreme Court’s shadow docket.

    -Supreme Court Practice by Eugene Gressman.

    -South Bay United Pentecostal Church v. Newsom.

    -Fulton v. City of Philadelphia.

    See omnystudio.com/listener for privacy information.

    • 1 hr 9 min
    The Nondelegation Rumble

    The Nondelegation Rumble

    Originalists have recently come under fire for trying to reinvigorate an old principle in administrative law called the nondelegation doctrine, which holds that Congress cannot delegate its own legislative power to other entities. Are originalists correct in claiming that the nondelegation doctrine was present at the founding? What does the historical record have to say about it? Why should living constitutionalists even care about this debate? Nicholas Bagley, a law professor at the University of Michigan, and Ilan Wurman, an associate professor at the Sandra Day O'Connor College of Law at Arizona State University, join the show to answer all of these questions and more.

     

    Show Notes:

    -“There’s No Historical Justification for One of the Most Dangerous Ideas in American Law” by Nicholas Bagley and Julian Davis Mortenson in the Atlantic.

    -“Delegation at the Founding” by Nicholas Bagley and Julian Davis Mortenson in Columbia Law Review.

    -“No Nondelegation at the Founding? Not so fast,” by Ilan Wurman in the Yale Law Journal.

    -Schechter Poultry Corp. v. United States.

    -Above the Law.

    -The Second Founding: An Introduction to the Fourteenth Amendment by Ilan Wurman.

    See omnystudio.com/listener for privacy information.

    • 58 min
    Nondelegation Doctrine

    Nondelegation Doctrine

    On Tuesday, Speech First, Inc. filed a free speech lawsuit alleging that the University of Central Florida and its officials “created a series of rules and regulations that restrain, deter, suppress, and punish speech about the political and social issues of the day.” David and Sarah walk us through the history of campus cat and mouse battles over restrictive speech codes and explain whether this lawsuit will matter in the long run. On today’s episode, our hosts also chat about the nondelegation doctrine, the possibility of further criminal prosecution against Donald Trump, and how Rush Limbaugh’s passing might affect the conservative media climate.

     

    Show Notes:

    -Speech First vs. Cartwright and Speech First, Inc. v. Gregory L. Fenves.

    -Nondelegation doctrine cases: Schechter Poultry Corp. v. United States, J.W. Hampton Jr., & Co. v. United States and Gundy v. United States.

    -“Trump’s Acquittal Exposed a Republic in Peril” by David French in Time.

    -“There’s No Historical Justification for One of the Most Dangerous Ideas in American Law” by Julian David Mortenson and Nicholas Bagley in the Atlantic.

    -“Opinion analysis: Court refuses to resurrect nondelegation doctrine” by Mila Sohoni in SCOTUSblog.

    See omnystudio.com/listener for privacy information.

    • 1 hr 6 min
    Death Penalty Distortion

    Death Penalty Distortion

    The Supreme Court on Thursday granted Alabama death row inmate Willie Smith’s request to have his pastor present at his execution, rejecting the state’s claim that having a spiritual adviser present interferes with prison security. Tune in to hear how the Supreme Court’s religious liberty ruling in Dunn v. Smith might affect future death penalty cases. On today’s episode, our hosts also chat about Yuval Levin’s latest piece in National Review on the sorry state of Congress and the New York Times’ 2020 Hulu documentary about Britney Spears.

     

    Show Notes:

    -Dunn v. Smith, federal Religious Land Use and Institutionalized Persons Act, and “Bong Hits 4 Jesus” case Morse v. Frederick.

    -“Congress’s Day” by Yuval Levin in National Review and “Transcript: Ezra Klein Interviews Yuval Levin About the Future of the Republican Party” in the New York Times.

    -Framing Britney Spears Hulu documentary.

    See omnystudio.com/listener for privacy information.

    • 1 hr 9 min

Customer Reviews

4.8 out of 5
1.4K Ratings

1.4K Ratings

Jack(?) ,

Woah

Mr French and Mrs Isgur manage to intrigue and entertain me, even though I know next to nothing about law.

redfeo2 ,

Fascinating and informative!

Sarah and David break down complex legal concepts so skillfully that the topics are actually fun to listen to. They also discuss unrelated (or loosely related) topics like font choices. I was not expecting that, but as a graphic designer I thoroughly enjoyed it and hope the topic comes up again in future episodes.

kdaddy95 ,

Awesome Pod

David and Sarah (especially Sarah) are smarter than me, but they don’t condescend to me. I like that, and I love them.

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