Today's mini-episode covers the bleak prospects of the private lawsuit against President Donald Trump under the Emolument's Clause, an obscure part of the Constitution that is probably at the peak of its general relevancy. Brett and Nazim cover the main deficiencies of the lawsuit and discuss why it will likely not be successful going forward.
This week's episode continues the trend of President Trump hijacking our podcast, covering the recent Ninth Circuit decision in Washington v. Trump, which upheld the TRO preventing enforcement of Trump's Executive Order. Brett and Nazim cover the 5 major points from the decision and predict whether or not the Supreme Court has the interest in reversing, or even hearing, any of the government's arguments at the higher level. Law starts at (1:47).
This week's episode discusses the merits of Donald Trump's new SCOTUS pick, who Brett and Nazim have affectionately nicknamed "Judge Neil". Brett and Nazim discuss Judge's Neil's judicial background, the appropriate response for Democratic politicians looking to block the appointment, and Brett shares one of the many stories that will prevent him from ever sitting on the Supreme Court bench. Law starts at (03:10). Also, the intent was to also cover the Emolument's Clause and respond to some feedback on the Executive Order, but we will cover that in a separate episode.
Today's episode covers the controversial Executive Order by Donald Trump, which bars the entry of certain foreign citizens to the United States, and the subsequent lawsuits filed by the ACLU. Brett and Nazim cover the specifics of the Order and whether different elements are dumb (things that are protected against by Separation of Powers), a bummer (things that are legal but not how you would like them done), or dangerous (things that are a non-hyperbolic threat to democracy). Enjoy!!
With Nazim on vacation, this week's episode features special guest Lindsey C. (@DCInbox), who monitors Congress and Congressional communications for her website DC Inbox. Lindsey and Brett discuss the logistics and timeline for an Affordable Care Act/Obamacare repeal, new Supreme Court appointees, and current Supreme Court cases on districts and the Voting Rights Act.
This week's episode runs back America's favorite game, where Nazim tries to guess whether or not horrible lawyer mistakes automatically entitle defendants to new trials. Brett and Nazim also cover the case of Lee v. U.S., where an immigration attorney forgot to inform the client that a guilty plea would result in deportation, and Buck v. Davis, where an attorney put on an expert that shared horribly racist opinions with the jury. Law starts at (03:31).
The War on Terror takes a weird turn this week, as Brett and Nazim cover the cases of Ziglar v. Abbasi, Turkmen v. Abbasi, & Ashcroft v. Abasi, which decide whether or not enemy combatants who were wrongfully detained at Guantanamo Bay may sue government officials for civil damages. Law starts at (06:19).
In this mini-episode, Nazim checks in from across the pond to discuss White v. Pauley, the Court's new test for imposing civil liability on government officials, and the mechanics of eating oneself to death.
When history looks back on the case of NLRB v. SW General, Inc., it will serve as a weird time capsule for our current government, featuring bipartisan passive aggressiveness, poor statutory construction, and Congress doing nothing. Brett and Nazim untangle this mess while also covering the failed lawsuit to appoint Merrick Garland and the potential undoing of the filibuster. Law starts at (04:45).
This week's episode covers Brady material, which is a fancy way of describing exculpatory evidence that prosecutors are Constitutionally required to hand over to criminal defendants prior to trial. Brett and Nazim discuss the origins of this doctrine and how that impacts the current cases of Turner v. U.S. and Overton v. U.S. Law starts at (04:45).