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).