There are no Christmas themed cases this year, so Brett and Nazim usher in our holiday break by covering In re Grand Jury, a case with anonymous parties, no facts, and the Supreme Court seemingly poised to overturn a generally reasonable 9th Circuit Decision. Let the good times roll. The law starts at (9:23), some scheduling announcements start at (06:50), and Nazim's Gift List starts right after the theme song. The Citizen's Guide to the Supreme Court will return sometime late winter/early spring.
Ho ho ho! Just in time for the holidays, the podcast covers the most direct example of the Supreme Court possibly taking $20,000.00 out of your pocket. This week, Brett and Nazim discuss Biden v. Nebraska, which covers whether the Supreme Court will vacate a stay on President Biden's student loan forgiveness plan by playing all the President's administrative law hits from the past few years. Law starts at (05:05).
This week's episode covers the case of Haaland v. Brackeen, a case involving Tribal Sovereignty and (stop us if you've heard this before) an argument to overrule a decades-long statute because it was decided incorrectly in the first place. Law starts at (06:50).
Happy Thanksgiving, folks. This year's mailbag covers topics such as a Supreme Court code of ethics, the leaked Dobbs opinion, strict scrutiny on religious laws, and senate confirmation hearings, BUT ALSO covers a professional wrestling match called WARGAMES, football, and whether cheesecake is a pie. It's all very on-brand and there's no time stamp because its Thanksgiving. The podcast will return next Sunday (12/4).
If you love that age-old classic, you're going to love this week's episode covering Sackett v. EPA, which asks the Court to revisit the EPA's definition of "a wetland", after they were unable to come to a consensus sixteen years ago. Brett and Nazim also discuss our upcoming Thanksgiving mailbag episode and the chances of Nazim eating himself to death next week. The answer will not surprise you. Law starts at a robust (10:15).
Brett and Nazim are bringing up the caboose on last week's news, covering Affirmative Action oral argument highlights, Lindsey Graham looking to avoid a subpoena, and Trump asking the Supreme Court to help protect his tax returns. Everything old is new again. Law starts at (04:55).
This week's episode serves as the spiritual successor to Thursday's episode on intellectual property, as Brett and Nazim discuss Andy Warhol Foundation for the Arts v. Goldsmith, which asks whether Warhol's depictions of a photograph are protected by the doctrine of fair use from the photographer and copyright holder of the original picture. The law starts from the beginning.
Brett and Nazim continue a series of shorter episodes on fundamental legal topics. This episode covers intellectual property, including what is protected, how it is protected, and why we sometimes let that protection lapse in the interests of good and evil.
This week's episode is a real SCOTUS ghost story for Nazim, as the podcast covers National Pork Producers Council v. Ross, which asks whether a California law which affects pork farms in other States violates the Dormant Commerce Clause. Law starts at (03:13), but this is a generally silly episode from start to finish.
Brett and Nazim continue a series of shorter episodes regarding fundamental legal topics. This episode covers the criminal justice system, including how it works and why you should try to avoid it.
Brett and Nazim continue a series of shorter episodes on fundamental legal topics. This episode covers the civil justice system, including how and why it takes so long, and how and why to avoid it.
In honor of the prosciutto playboy's birthday, Brett and Nazim cover the two big voting rights cases before the Supreme Court this term. The first is Merrill v. Milligan, which covers Section 2 of the Voting Rights Act as it applies to Alabama's district map, and Moore v. Harper, which covers the Independent State Legislature Theory as it applies to North Carolina's district map. Law starts at (03:05).
The age old battle over discrimination in public accommodations is back in this week's episode, as Brett and Nazim cover the case of 303 Creative, Inc. v. Elenis, which asks whether the Colorado Anti-Discrimination Act violates a business' First Amendment rights when it requires a web-site designer to provide services for same sex weddings. Law starts at (3:02).
Brett and Nazim continue their series of shorter episodes with a companion episode to the Students for Fair Admissions v. Harvard / North Carolina case on Equal Protection. This episode reviews how it applies, the three applicable standards and the two elements of the test. It also discusses Third Eye Blind and the Philadelphia Phillies playoff chances.
This week's coming at you extra neutral this week, as Brett and Nazim try to take a neutral approach to two big Supreme Court issues and also say the word "neutral" about a hundred times. In particular, this week's episode covers the Supreme Court's review of the 11th Circuit's decision regarding Donald Trump's confidential documents, and the upcoming case of Students for Fair Admissions v. Harvard / North Carolina. The law starts from the beginning.
Brett and Nazim start a series of shorter episodes regarding fundamental legal topics. This episode covers Congress, including who can serve, what they do, and how they compare to other International legislative bodies.
Brett and Nazim start a series of shorter episodes regarding fundamental legal topics. This episode covers the Executive Branch, including what it includes, the extent of its power, and how the Supreme Court has shaped its authority over the past few years.
Brett and Nazim start a series of shorter episodes regarding fundamental legal topics. This episode covers the Judicial Branch, including what cases they can hear, how they are organized, and how appellate procedure works.
It's the end of the term, so Brett and Nazim are coming at you LIVE from an online google chatroom. This episode grades our evergreen predictions from last summer, and sets forth new predictions for what is hoping will be a less bleak summer in 2023. The Citizen's Guide to the Supreme Court will return in October 2022.
This week's episode previews some of the cases that will be covered next term, including cases about Delaware, Voting Rights, the Chevron Doctrine, Andy Warhol, Native American Sovereignty, the Independent State Legislature Theory and Affirmative Action. Your boys also discuss next week's Live Season Finale Episode. The law startst at (06:30).
It's the end the term, so this week's episode ties up loose ends, which include: a mea culpa on cannon ownership (2:00); the plan so far for the Season Finale episode (5:00); discussion on Concepcion v. U.S. (how judge's should interpret the First Step Act), Hemphill v. NY (whether there are exceptions to the Confrontation Clause, and Ruan v. U.S. (mens rea requirements for doctors violate drug distribution laws).
This week's episode covers three cases which discuss recent Supreme Court decisions on Native American Law and Tribal Sovereignty, including Oklahoma v. Castro-Huerta (holding that State law has criminal jurisdiction on tribal land), Denezpi v. U.S (holding that the Double Jeopardy clause does not bar successive prosecutions involving CFR courts) and Yselta Del Sur Pueblo v. Texas (holding that Texas does not have jurisdiction to regulate gaming activities on reservations). Law starts at (1:30).
This week's celebration of administrative law features two John Roberts Opinions; one of which suggests the Supreme Court is OK with the end of the world (West Virginia v. EPA) and also favors Biden's half-baked use of Admin Law over Trump's even-less baked use of Admin Law (Biden v. Texas). Law starts at (3:15).
This week's episode discusses two cases in which the Supreme Court prioritized Free Exercise Clause rights over Establishment Clause rights. Carson v. Makin states that Maine cannot provide a voucher system that excludes religious schools and Kennedy v. Bremerton School District states that a football coach cannot be barred from saying a silent prayer after a football game. Brett and Nazim discuss both cases in detail and try to determine how influential these cases are from a big picture perspective. Law starts from the beginning.
This week's episode covers New York Rifle and Pistol Assoc. v. Bruen, where the Supreme Court struck down a New York City gun law on grounds that it violated an new interpretation of the Second Amendment. Brett and Nazim discuss how this case amends the standard and how much it affects States' abilities to regulate guns. Law starts at (04:40).