Advisory Opinions

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...

Sarah Isgur and David French do a deep dive into the nondelegation clause and the role of Congress in delegating authority.The Agenda:—CLE credit now available in Texas for our tariffs livestream—Dave Portnoy and disturbing the peace charges—Nondelegation doctrine primer—The Case of Mr. Pheasant—What is structural constitutionalism?—Justice Gorsuch's legacy—Court to consider prison inmate’s...

Sarah Isgur and David French recap the Federalist Society's antisemitism panel at last week's National Lawyers Conference before interviewing Judge Jennifer Elrod about the judicial funding crisis. The Agenda:—Court denies review on Obergefell—Contrasts between Tucker Carlson and the Federalist Society—Supreme Court sides with Trump administration on sex designations on passports—The president...

Following the Supreme Court oral arguments in President Donald Trump’s tariff case, Learning Resources Inc. v. Trump, Sarah Isgur is joined by David French, David Lat, and Latham & Watkins LLP partner Roman Martinez to explain where the legal battle will go from here.SCOTUSblog’s Amy Howe also joins from the steps of the Supreme Court to relay her observations from inside the courtroom.Watch...

Sarah Isgur and David French preview the biggest Supreme Court case of the term, Learning Resources, Inc. v. Trump, which challenges President Donald Trump’s power to impose sweeping tariffs on virtually all goods imported into the United States.For additional analysis, join the SCOTUSbloglive blog on November 5 at 10:00 a.m. ET.The Agenda:—How to get CLE credit by listening to Advisory...

Sarah Isgur and David French walk listeners through the entire history of the Constitution, the Supreme Court, some of the biggest cases ... all prompted by one listener question. Plus: Grifter Sarah makes a reappearance.The Agenda:—Understanding substantive due process—Supreme Court to consider whether to hear challenge to same-sex marriage on November 7—Dred Scott v. Sandford being the worst...

Sarah Isgur and David French discuss the Eighth Amendment in light of a prisoner’s request to die by firing squad.But first, join us for a livestream analysis of Learning Resources, Inc. v. Trump, the case that asks whether the International Emergency Economic Powers Act authorizes the president to impose tariffs. (Click on SCOTUSblog's oral arguments page for updates.)The Agenda:—National Guard...