This week's episode covers King v Burwell, a case that saved Obamacare in America despite being almost completely incorrect from a strict statutory construction standpoint. King is also compared to the Texas Disparate Housing case and how both cases illustrate the difference between being persuasive and being correct. Brett and Nazim also share their thoughts on the outcome of the same sex marraige case, despite recording the day before it was decided.
In addition to discussing the decisions in Ohio v Clark, Brumfield v. Cain, and Walker v. Sons of Confederate Veterans, Brett and Nazim discuss (1) which case would be worse to lose, Obamacare or Same Sex Marriage, (2) who won the Confrontation Clause Wars of 2015, (3) what is the best way to stop Nazim from criticizing the TSA, and (4) what happens when your license plate contains accidental explicit sex language?
Spoiler Alert! The answer is no. However, that did not stop the Court from hearing Glossip v. Gross, a case that determines whether or not a drug that sedates death row inmates before death violates the 8th Amendment to the Constitution. This episode talks about the likely ending to Glossip, along with a broader discussion about what the Supreme Court can really do when it comes to cases addressing the death penalty.
This week's episode reviews the recent decisions of Elonis v. U.S. and Abercrombie & Fitch v. EEOC. Within this episode, Brett and Nazim talk about how the decisions were more limited than expected, but how that may be in the best interests of the Court and the government at large. So rest easy, millenial-based businesses, your time has not yet come to be face the wrath of Ruth Bader Ginsburg.