This week’s episode covers the new Supreme Court Justice, “Second Best” Brett Kavanaugh, a Justice who no one knows anything about, but can’t help buy try to analyze. Then, “First Best” Brett and “The One and Only” Nazim discuss South Dakota v. Wayfair and how the Court should approach overruling precedent. Law starts at (04:38).
The podcast gets contentious this week, as Brett and Nazim agree to disagree about (1) whether a Big Mac is a club sandwich (up to 10:25), (2) religious justices on the Supreme Court (up to 23:00), and (3) National Institute of Family and Life Advocates v. Becerra, the recent decision holding California’s FACT Act, which requires specific disclosures of family planning centers that dissuade abortions, unconstitutional as a violation of the First Amendment.
Yeesh! Quite a week at the Supreme Court, amiright?? This week’s episode covers Anthony Kennedy’s Retirement through the lens of Trump v. Hawaii, and Janus v. AFSCME to break down what the future may hold for a five justice conservative majority on the Supreme Court. Law starts at (08:…..no, just kidding. It starts from the beginning).
This week’s episode is all about REMANDS; including what they are, how they work, how a lower judge should consider a remanded case, etc. Brett and Nazim discuss Upper Skagit Indian Tribe v. Lungren (does sovereign immunity apply to in rem actions) and Byrd v. U.S. (do persons unnamed on a rental agreement have privacy rights in a rental car) and how those remands speak to the Court’s control over lower appellate judges. Law starts from the beginning, as you get to hear Nazim’s reaction in real time to the Court’s decision in Gil v. Whitford (which we will talk about next week).
This week’s episode covers three big questions. (1) How big of a deal is the decision in Husted v. A. Phillip Randolph Instit.(can Ohio purge old voter rolls, (2) How big of a deal is the decision in McCoy v. Louisiana (can a criminal attorney admit guilt over a defendant’s objection), and (3) What’s a big deal when it comes to the Supreme Court (you know, like what is a “big deal” exactly??) Nazim’s metaphor game is particularly strong in this one btw. Law starts at (07:14).
This week’s episode covers the recent decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission, a case which balanced the value of anti-discrimination statutes against the religious protections of the First Amendment to figure a compromise that likely everyone hates. Law starts at (04:37)
This week’s episode covers the recent decision in Epic Systems v. Lewis, which can be more aptly stated as Overly Power Arbitration Act v. Sensible Worker’s Rights Requests. Brett and Nazim break down the basis for the decision, debate judicial activism, and talk about why Weezer sucks. Law starts at (05:14).
This week’s episode covers the improbable case of Christie v. NCAA, where New Jersey’s second bite at legalizing State gambling actually worked, and now Federal Gambling laws are unconstitutional. Brett and Nazim celebrate this brand new world by setting odds for one-on-one fights between Supreme Court Justices. Law starts at (04:15), but it takes a while to get focused.
Brett and Nazim celebrate their 200th episode (!!!) the only way they know how, by talking about food for way too long, going on a weird tangent about the Mueller investigation that dovetails into the shady side of corporate law, and finally landing on Trump v. Hawaii, the travel ban case that asks the Supreme Court to gauge how prejudiced the President is allowed to be before we do anything about it. Law starts at (11:50).
This week’s episode covers judges, and more specifically judicial mistakes currently before the Supreme Court. Brett and Nazim discuss Rosales-Mireles v. U.S, which basically covers how the Court should approach math problems, and Dalmazzi v. U.S., which discusses the current applicability of Civil War military appointment statutes. Law starts at (04:30).
