It's the end of the term, so Brett and Nazim are coming at you LIVE from Brett's living room, covering topics like (1) the best story lines from last year, (2) what story lines will symbolize next year's term, and (3) an actual, human winner of the Fantasy League. Dreams really do come true. The Citizen's Guide to the Supreme Court will return on October 6, 2019.
Good morning. In this guest episode, Brett talks with Simon Tam, bass player of the band that fought the Lanham Act in Lee v. Tam. Brett and Simon discuss what its like to bring a lawsuit before the Supreme Court, the state of Free Speech, the dynamics of playing in a rock band, the appropriate tenor for diss-tracks and what its like to rock on the front steps of the Supreme Court.
There's a lot of sexy topics at hand this week, as Brett and Nazim discuss uranium mining in Virginia Uranium v. Warren, secret graveyards in Knick v Township of Scott, and backstage drama at public access ala Murphy Brown in Manhattan Community Access Corp. v. Halleck. Law starts in earnest at (06:50), but takes about two more minutes to really get settled.
This week covers a cavalcade of naughty, immoral and scandalous participants who found a mixed bag of justice before the Supreme Court, including Iancu v. Brunetti (dirty-named clothing designers), Flowers v. Mississippi (racist prosecutors), and Gundy v. U.S. (the U.S. Attorney General's Office). The law starts at the beginning but it certainly doesn't stay that way.
This week's episode discusses the recent passing of former Justice John Paul Stevens before turning to American Humanist Society v. American Legion, which covers whether or not a 100 year old cross violates the Establishment Clause. Law starts at (07:30) and there's a humdinger of a Thomas dissent towards the end.
It's a tough week for small government, as the Auer doctrine, the 21st Amendment, and local business associations all took one on this chin from the Supreme Court. Brett and Nazim discuss agency deference in Kisor v. Wilkie, and the Dormant Commerce Clause's effect on residency requirements for alcohol licenses in Tennessee Wine and Spirits Board v. Thomas. Law starts at (10:20).
This week's episode discusses the two criminal cases of Gable v. US and Mitchell v. Wisconsin, covering (1) why the double jeopardy clause is needlessly hard, (2) why Wisconsin gets to keep their Vampire Laws in effect, and (3) what is Clarence Thomas up to with a 20 page concurrence out of nowhere about precedent. Law starts at (05:00).
This week's episode covers the two political cases that highlighted the last day of the term, as Nazim gets indignant about the death of political gerrymanddering cases in Rucho v Common Cause, Brett recounts his China trip, and Roberts sits alone at the lunch table in Department of Commerce v. New York. The law starts at (2:45).
This week's episode covers topics that have roots in previous episodes, from the case of Quarles v. U.S., which covers the continued evolution of the Armed Career Criminals Act, to Nieves v. Bartlett, which covers whether probable cause defeats a retaliatory arrest claim as a matter of law, to Nazim being inappropriate, which has been in existence since episode one. Law starts at (06:51). Note: Due to scheduling issues, cases decided in the last two weeks of June will be covered in July.
As a supplement to last week's episode, Brett and Nazim cover the case of Bucklew v. Precyth, which discusses whether or not an individual can contest the death penalty on grounds that it would impose extreme pain just on him, and specifically Breyer's arguments concerning the Constitutionality of the Death Penalty. Law starts at (04:00). Note: Due to scheduling issues, all orders covered in the last week of June will be covered in July episodes.
This week's episodes cover a collection of cases that deal with everyone's slightly vanilla, left-wing centrist judge, as the cases of Obduskey v. McCarthy & Holthus (attorney application under the FDCA), Taggart v. Lorenzon (test for violating bankruptcy discharge), and JAM v. International Finance Corp. (evolution of immunity statutes for international organizations) all deal with our dude, Justice Breyer. Law starts at (02:35).
It's summertime, people, and what better way to ring in the season than discussing two procedural cases involving the health care system. The case of Azar v. Allina Health Services deals with administrative procedure in Medicare rules, and Merk v. Albrecht deals with legal standards for State preemption. If that isn't sexy enough for you, there's a killer Sam Cooke reference buried in the back half of the episode. Law starts at (08:22).
This year's summit on guns (covering the case of New York Rifle & Pistol Assoc. v. New York) was rudely interrupted by an abortion case (Box v. Planned Parenthood), thus creating a Voltron-like Supreme Court podcast where no one is happy. Enjoy, kind of? Law starts at (08:25).
Listen gang, it's a holiday. Although this episode covers two decisions (Herrera v. Wyoming & Washing State Licensing Department v. Cougar Den), this episode has all the seriousness of an afternoon BBQ where Brett and Nazim cumulatively eat nine hotdogs. Come for the insight on meaningless cases, stay for Brett's half-baked ideas (there are about 3). Law starts at (09:47).
It's finally decision season, and Brett and Nazim are covering two cases with broader implications for the future. First is Apple v. Pepper, which deals with conservative and evolutionary approaches to anti-trust common law, and the second is Franchise Tax Board v. Hyatt, which deals with whether or not a controversial Constitutional interpretation should be overruled. Law starts at (09:09).
The dreaded BORING TERM strikes again, as Brett and Nazim take a stab at covering bankruptcy law. This episode discusses general bankruptcy practice withing the scope of Taggart v. Lorenzen, which asks whether a creditor who violates the automatic stay has a mistake of law defense. Pay your bills! The Law starts at (05:27).
Brett and Nazim are on their best behavior this week, as the episode deals with three LGBT cases that the Supreme Court decided to hear for next term. The main case R.G. & G.R. Funeral Homes v. EEOC, deals with the interpretation of Title VII regarding sex discrimination, and the episode serves as a primer to more detailed discussion next term. The law starts from the very beginning, inappropriate jokes are bleeped out, and the Avengers talk is at an all-time low. Just try not to get to used to it.
The case of California Franchise Tax Board v. Hyatt should be enough for an exciting episode (dealing with federalism, State immunity, and precedent) that Brett and Nazim could stick to the issues, but as all good episodes go, this one takes some twists and turns around cheese talk, disparaging surrounding States, and how to explain Easter to non-Christians. To that end, the law starts early and goes off track, so if you're really hard up for the law, it starts around (09:06).
This week's episode covers the Freedom of Information Act, and how the Court will look at the pending case of Food Market Institute v. Argus Leader Media, which asks whether or not customer information is "confidential" to bar disclosure under FOIA laws. In the general theme of secrecy, Brett and Nazim share closely held secrets, like who likes Game of Thrones more, and who drinks Mountain Dew. Law starts at (07:55).
Look out drunks, because Wisconsin is coming for your blood. This week's episode covers the case of Mitchell v. Wisconsin, which asks whether the police can take the blood of a passed out drunk driver without a warrant. Brett and Nazim discuss oral argument in general, previous cases on this topic and which opinion of the Wisconsin Supreme Court is the lesser-est of three evils. Law starts at (06:05).
This week's case covers Kisor v. Wlkie, which specifically questions whether or not Supreme Court precedent that defers to agency interpretations of their own regulations is Constitutional. This case covers admin law in general, when a Court should overturn precedent, and whether or not the Constitution permits delegating such power to un-elected officials. Now, just in case that sounds too serious, the words "The Farts Doctrine" comes up more than once. Law starts at (03:49).
Brett and Nazim have gone big-time, as this week's episode covers Flowers v. Mississippi, a criminal Batson challenge case that's far more famous for being ripe for podcast commentary. In place of ephemeral music and gotcha journalism, Brett and Nazim talk about the criminal justice system, Batson challenges, jury selection, and Clarence Thomas talking at oral argument. Law starts at (06:32).
Hold on to your butts gang, cuz Brett and Nazim are talking THE WALL! By way of background, Brett is sick with Kathleen Turner voice and Nazim has one foot on the door with busy weekend plans, so this episode is general coverage about whatever the hell is going on with the government these days, and then a quick and dirty look at Iancu v. Brunetti, which covers free speech and the trademark office.....again. (Law starts at 04:45).
AKA THIS AGAIN. This week's episode takes a dive into the last four years of gerrymandering cases to suss out what the Court is talking about in the current cases of Virginia v. Bethune-Hill (2019), Lamone v. Benisk, and Rucho v. Common Cause. Come for the nuanced political discussion, stay to hear how beaten-down Nazim is on this issue compared to four years ago. Law starts at (07:20).
This week covers the recent opinions in Timbes v. Indiana (Excessive fines and the Incorporation Doctrine), Madison v. Alabama (Death Penalty Capacity, and Garza v. Idaho (Ineffective Assistance for Appeals), but more importantly, it's time for wild dissents and the Men who love them. Law starts at (5:00) and Nazim spoils Infinity War and JAWS if you haven't seen it yet.