Let’s Sue the Government

The hosts of Advisory Opinions dissect a series of high-stakes legal and political developments in 2026, beginning with the dismissal of Donald Trump’s lawsuit against the IRS over the leak of his tax returns. Sarah Isger and David French argue the case was dismissed not due to legal merit, but because of a constitutional conflict: a sitting president suing his own executive branch, with the DOJ acting as both prosecutor and defendant. They condemn the White House’s proposed $1.7 billion slush fund for victims of alleged Biden-era 'weaponization,' calling it a political payback scheme that circumvents Congress and federal immunity laws. The episode draws a stark parallel to Obama-era 'sue and settle' practices, where settlements funneled money to politically aligned third parties—now resurrected in a new form. The hosts warn this trend reflects a deeper crisis: both parties using executive power to reward allies, not govern constituencies. They then turn to the Supreme Court’s shadow docket decision on mifepristone, where a stay was issued without opinion, halting the FDA’s non-in-person prescription rule. Justice Alito’s dissent frames the issue as a state’s right to enforce abortion bans, while Justice Thomas invokes the Comstock Act as a potential tool to criminalize mail-based mifepristone distribution—though the hosts question its modern enforceability.