Advisory Opinions

Sarah Isgur and David French discuss the 5-4 ballroom interim docket decision with Chief Justice John Roberts leading the dissenters, the New York Times with a piece on releasing the justice’s papers sooner rather than later, and a piece by Josh Morrow on AI in circuit decisions. And speaking of circuit decisions, Sarah and David discuss a few, including the Vacancies Reform Act and the 26th...

Sarah Isgur and David French pick through a trail mix of topics for this week’s episode. The two discuss bracelet-wearing parents at a soccer game, student visas being revoked over bad speech, and classified information being printed. But they kick it off with a big “Sarah got it wrong.” The Agenda:–Sarah got it wrooooooong–Breaking news and the mail-in ballot decision–Pentagon leaks and the...

Sarah Isgur and David French invite real life Rep. Jake Auchincloss of Massachusetts to discuss how to reform Congress, explain multi-member districting, and wtalk about hether the Supreme Court needs more justices. But first, forging Justice John Robert’s signature and fake arresting teenagers. The Agenda:–Bad criming–Even if a judge is in judges robes, they’re not always a judge–All the...

Sarah Isgur and David French invite former D.C. Circuit judges Tom Griffith and David Tatel to discuss relationships, judicial independence, and what it means to be a “former” judge. But first, bar complaints and the White House ballroom injunction. The Agenda:–⁠The worst of the worst, District Judge edition⁠–Someone file a bar complaint!–⁠We’re the least surprised when the White House injunction...

David French and Sarah Isgur steelman Justice John Paul Stevens and Justice Stephen Breyers’s dissents in the Heller case through a one-act play produced by ChatGPT. The two also invite Chris Scalia to play the majority opinion writer (and his late father) Justice Antonin Scalia. The Agenda:–One act, three justices–What AI got right and wrong–Justice Breyer, fully vindicated–Shul is Yiddish and...

Sarah Isgur and David French return, but with a little bit of a switcheroo as David takes the host’s chair. They discuss President Donald Trump’s appeal to the Supreme Court on the construction of a White House ballroom, a religious liberty case about permits and prayer services, and a bit of reality TV litigation. The Agenda:–We can all laugh about this one day–Pierre Charles L’Enfant for some...

David Lat and Zachary Shemtob return as guest hosts and are joined by Adam Feldman, author of the blog Empirical SCOTUS and the Substack Legalytics, to discuss an update on birthright citizenship, some new polling about SCOTUS, and Luigi Mangione, who will soon be tried for the murder of UnitedHealthcare executive Brian Thompson. The Agenda:–Where in the world are Sarah and David?–The Delusions...

David Lat takes over the host’s chair and is joined by Zachary Shemtob, executive editor of SCOTUSblog, and Amy Howe, co-founder of SCOTUSblog, to discuss Justice Samuel Alito’s retirement plans (not yet), President Donald Trump’s new executive order targeting birthright citizenship, and hot cases in the upcoming October term. The Agenda:–Sarah Isgur’s rebuttal–Justice Alito’s back! (He never...

Sarah Isgur and David French are joined by CNN senior legal analyst Elie Honig to discuss Anthony Fauci’s invocation of the Fifth Amendment. Is it okay? Is it not okay? How does this relate to the pardon power? Then it’s on to a constitutional game show where each member of this three-person team picks two constitutional amendments they would magically ratify and one amendment they would veto....

Welcome to First Amendment-a-palooza, where headliners Sarah Isgur and David French play the classics like: “Are license plates government speech?” and “Three cheers for Citizens United,” as well as “Owning a copy of Mein Kampf means you’re an idiot, but it’s still private speech.” The Agenda:–Immigration issues–Citizens United will be overturned–Gender, protected speech, and school...