One very intriguing case on the Supreme Court’s 2018-2019 docket is unlikely to make big headlines or be featured on the Sunday news shows. In fact, it’s likely you’ll only hear about it from this podcast! Timbs v. Indiana illustrates a phenomenon that even lawyers can forget: that the Constitution’s…
I get the ideas for the subjects of these podcasts from a variety of sources. Some podcasts are suggested by decisions made, or soon to be made, by the Supreme Court or lower courts. Others bounce off of controversies about legislative or other policy-changing proposals. Occasionally, a public statement by…
Events surrounding the nomination of Judge Brett Kavanaugh to fill the vacancy on the U.S. Supreme Court illustrates how, on matters of Supreme Court nomination and confirmation, the U.S. Constitution is largely missing in action. To begin with, the Framers provided no minimal qualifications for who could serve as a…
So…having set the stage in Part One for the potential reversal of Roe v. Wade in the 1992 Planned Parenthood v. Casey decision, here’s the skinny on how Roe narrowly escaped: Justice Sandra O’Connor defied expectations by joining two other presumably anti-Roe justices to form a trio affirming its “central…
One of (if not THE) most controversial aspects of Judge Brett Kavanaugh’s nomination to succeed Justice Anthony Kennedy is what Kavanaugh’s elevation could mean for the modern scheme of abortion rights ushered in by the landmark 1973 case, Roe v. Wade. President Trump’s promise to “put[ ] pro-life justices on…
In less than a month, the Supreme Court’s 2017-2018 Term will end – in a flurry of high-profile, controversial and contentious decisions. Still undecided cases when this podcast was recorded probe the constitutionality of the Trump Administration Travel ban, the legitimacy of a baker declining on religious grounds to make…
The Court’s mid-May decision in Murphy v. National Collegiate Athletic Association got substantial news coverage because of the outcome. A six-justice majority in Murphy invalidated the 1990’s Professional and Amateur Sports Protection Act, which had prevented state and local governments from operating sports-betting schemes or authorizing private casinos and individuals…
If you follow Supreme Court decision-making – and, after all, if you listen to this podcast – you’ve probably noticed the tendency of Supreme Court watchers, whether they are highly respected reporters or less thoughtful armchair pundits, to portray decisions as simple battles between “conservatives” and “liberals.” Yet, attributing Supreme…
Lawyers and laypersons alike can fall into the habit of thinking that, once the Supreme Court rules on the meaning and application of the Constitution, that settles the matter. Sure, we remember President Eisenhower having to send national-guard troops into Little Rock, Arkansas to enforce a school desegregation order. And…
The tragic school shooting in Parkland, Florida shined a bright spotlight on the fact that 18-, 19- & 20-year olds can buy assault weapons in many states, even though they can’t purchase alcohol and exercise other privileges. Bills to raise the minimum-age for some weapons purchases are being seriously discussed…