Reviewing the Court’s Criminal Law | Interview: Rory Little and Orin Kerr

Sarah Isgur and David French discuss new data on questions that the Supreme Court justices are asking, dive into the definition of stipulation, and run through a few questionable subpoenas of reporters. All this before the crime-apalooza interview with University of California law professor Rory Little and Stanford law professor Orin Kerr. You won’t want to miss their discussion on torture. No, this isn’t a euphemism. The Agenda: –Get bourbon with old trial attorneys –The Roberts court’s legacy in criminal law Show Notes: Order Sarah’s book here. 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. Sarah Isgur is a senior editor at The Dispatch and is based in northern Virginia. Prior to joining the company in 2019, she had worked in every branch of the federal government and on three presidential campaigns. She’s also a ABC News contributor and the author of Last Branch Standing, a deep dive into the inner workings of the Supreme Court. When Sarah is not hosting podcasts or writing newsletters, she’s probably sending uplifting stories about spiders to Jonah, who only pretends to love all animals. David French is a columnist for the New York Times. He’s a former senior editor of The Dispatch. He’s the author most recently of Divided We Fall: America's Secession Threat and How to Restore Our Nation. The podcast transcription below was generated using artificial intelligence and may include occasional errors or misspellings. Music 0:02 I was born ready. Music 0:06 [upbeat music] Sarah Isgur 0:19 Welcome to Advisory Opinions. I'm Sarah Isgur, that's David French. Justice Kagan at the Ninth Circuit Conference. Guys, this is like, you know, there's Memorial Day, the Fourth of July, and then Justice Kagan speaking at the Ninth Circuit Conference. It kind of marks the beginning of the end of summer for me, and she did not disappoint. We've got lots to discuss with that, as well as some great new data on the questions that the justices are asking that are different from what their colleagues are asking, as well as diving into exactly what is a stipulation. Is it an admission or is it a stipulation? And those reporter subpoenas, we finally got to them all before we go to, da da da da, Crimeapalooza with Professors Rory Little and Orin Kerr. You will not want to miss our discussion on torture. That's right, medieval torture, real torture. David French 1:10 [laughs] Interactive transcripts are available to Premium members. Join to follow along with the audio. Join Now More We Think You’d Like