This week's episode covers the legal adventures of Will Smith's favorite city, as City of Miami v. Wells Fargo & City of Miami v. Bank of America covers whether or not a municipality can sue mortgage lenders for causing the late-2000s housing crisis under the Fair Housing Act. Brett and Nazim discuss whether or not standing, proximate cause, or damages will pose problems for Miami's lawsuit and also share their favorite Fresh Prince songs. Law starts at (03:30).
This week's episode covers a popular topic, the government's power to make rules regarding immigration, but from an entirely different angle. This week's episode covers the case of Jennings v. Rodriguez, which asks the Court to decide whether or not non-citizens are entitled to the same bail rights as U.S. citizens. Brett and Nazim cover the background of bail and why inconsistent precedent make this case more about judicial activism than anything else. Law starts immediately, with a few tangents about beer and travel later on.
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!!