This week's episode covers the recent decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission, a case which balanced the value of anti-discrimination statutes against the religious protections of the First Amendment to figure a compromise that likely everyone hates. Law starts at (04:37)
This week's episode covers the recent decision in Epic Systems v. Lewis, which can be more aptly stated as Overly Power Arbitration Act v. Sensible Worker's Rights Requests. Brett and Nazim break down the basis for the decision, debate judicial activism, and talk about why Weezer sucks. Law starts at (05:14).
This week's episode covers the improbable case of Christie v. NCAA, where New Jersey's second bite at legalizing State gambling actually worked, and now Federal Gambling laws are unconstitutional. Brett and Nazim celebrate this brand new world by setting odds for one-on-one fights between Supreme Court Justices. Law starts at (04:15), but it takes a while to get focused.
Brett and Nazim celebrate their 200th episode (!!!) the only way they know how, by talking about food for way too long, going on a weird tangent about the Mueller investigation that dovetails into the shady side of corporate law, and finally landing on Trump v. Hawaii, the travel ban case that asks the Supreme Court to gauge how prejudiced the President is allowed to be before we do anything about it. Law starts at (11:50).
This week's episode covers judges, and more specifically judicial mistakes currently before the Supreme Court. Brett and Nazim discuss Rosales-Mireles v. U.S, which basically covers how the Court should approach math problems, and Dalmazzi v. U.S., which discusses the current applicability of Civil War military appointment statutes. Law starts at (04:30).
This week's episode covers oral arguments and recent decisions with varying degrees of stakes. Brett and Nazim discuss Abbott v. Perez (which might decide the fate of modern democracy) Jesner v. Arab Bank PLC (which may facilitate terrorism), SAS Institute v. Matal (which deals with paperwork), and Trump v. Hawaii (which has something to do with the President). Law starts at (04:18).
This week's episode covers two recent decisions by the Court, including Microsoft v. U.S. (where the Court determined the dispute was moot after passage of the CLOUD Act), and Dimaya v. Sessions (where the Court invalidated the Immigrant Removal Act on grounds of vagueness under the Due Process Clause). Law starts at (08:48), but you'd be missing some pretty dope NASA talk.
Maybe a 6 out of 10? Depends on how you feel about lawsuits destined to fail, since this week we are covering sovereign immunity and the inherently futility of trying to hold the government accountable for bad actions. Brett and Nazim discuss the cases of Kisela v. Hughes (do police get qualified immunity for shooting people?) and Lozman v. City of Riviera Beach (can the government stop your free speech rights by arresting you if you kind of deserve to be arrested). Law starts at (05:50).
This week's episode covers double jeopardy, a legal concept that should be easy, but technical legal rules have made complicated and kind of boring. To that end(!!), Brett and Nazim spice up the case of Currier v. Virginia, where the Court has to determine whether a severed charge can be tried following an acquittal. Law starts at (07:09), but before them Nazim talks about how he thinks he could be the Bachelor, sooooooooo skip at your own peril.
This week's episode tackles the wild and unpredictable world of Family Court, where everyone is nuts and there are no rules. Brett and Nazim cover the case of Sveen v. Melin, where the Court is asked whether a revocation upon divorce statute automatically changes a life insurance beneficiary retroactively, or if people have to still do it themselves. Law starts at (06:00).
This week's episode, which was intended to a brief discussion on Hughes v. U.S. to compensate for Brett's lost voice, quickly turned into a more substantive discussion on plurality opinions, sentencing guidelines and actual buffets. So the title isn't really a joke, cuz like the last ten minutes is legit all about buffets. The law starts at (03:36), but if you hate food talk, feel free to bail around the time Brett talks about eating oysters at the Chinese buffet.
First off, this week's episode covers the case of National Institute of Family and Life Advocate v. Becerra, which decides whether or not a California Statute (the FACT Act) that requires specific disclosures of Reproductive Family Centers violates the First Amendment. Brett and Nazim have a brief crash course on general abortion rights under the Constitution and then cover why the statute may end up a 1-1 tie. Secondly, I think we did a really good job with the title of the podcast this week. Law starts at (03:11).
This week is a total bummer, as Brett and Nazim cover two cases, Microsoft Corp. v. U.S. (dealing with the U.S. jurisdiction to seize digital assets overseas) and Janus v. AFSCME, Council 31 (aka the Unions)(dealing paying union dues when you're not the union), that depending on how you feel about privacy or organized labor could be a real downer. Brett and Nazim look on the bright side of both cases, by either arguing why the good side should win or why it won't be a bad thing if they lose. (Law at 5:20).
We're live from Brett's living room today, as Brett and Nazim go old school to explain why immigrants don't have bail hearings (Jennings v. Rodriguez), why Congress can decide cases for the Courts (Patchak v. Zinke), and why podcasters shouldn't eat while recording. Law starts at (03:10).
This week's episode is covers a slew of recent decisions dealing with guilty pleas (Class v. U.S.), statutory interpretation (Digital Realty Trust v. Somers), and math (Murphy v. Smith). Brett and Nazim discuss each decision and focus on whether or not the facts of the case matter when dealing with bad statutes. Law starts at (03:22).
That's right folks!! The Supreme Court is coming after your precious Amazon purchases, as the case of South Dakota v. Wayfair, Inc. will decide whether adding State taxes to online purchases violates the Dormant Commerce Clause. Brett and Nazim discuss Federalism and the DCC at length, brag about living in a State that will be unaffected by the whole ordeal, and sing a weird amount. Law starts at (04:17).
This week Brett and Nazim are "peak Brett and Nazim", as the Brett crows about the Eagles winning the Super Bowl and Nazim discusses how to improve voting districts. In addition to covering the recent Pennsylvania Supreme Court decision which declared the district maps unconstitutional, the case of Minnesota Voters Alliance v. Mansky is also discussed, which covers whether statutes banning political apparel at voting stations violate the First Amendment. The law technically starts at (06:48), but there's some turbulence until like the ten minute mark.
This week's episode welcomes back Nazim by covering recent decisions issued by the Court. It's a banner week for Clarence Thomas, as in one case he ruins a house party (D.C. v. Wesby), and the other involves he discounts an incredibly racist juror affidavit (Tharpe v Sellers). Law starts at (07:20).
Nazim's still on vaca, so Brett is joined by special guest Penni, who comes on to share background in Native American law in the United States, cover a specific case concerning tribal immunity (Upper Skagit Indian Tribe v. Lungren), and try to breeze through two water rights cases (Texas v. New Mexico and Colorado & Florida v. Georgia). Law starts at (12:36).
With Nazim on vacation, special guest Lindsey (@DCInbox) joins Brett to discuss cases that deal with voter disenfranchisement (Husted v. A. Phillip Randolph Institute) and gerrymandering (Abbott v. Perez). Law starts at (13:20) and Lindsey makes midterm predictions at the end.
This week's episode is all about mistakes, as lawyers and podcasters. Brett and Nazim center this episode around McCoy v. Louisiana, which asks whether or not an attorney who concedes guilt during a First Degree Murder trial has violated his client's Constitutional right to an attorney. This episode covers the standard for ineffective assistance of counsel, goes through a few examples, and even covers a short background on Louisiana law, but first and foremost, Brett and Nazim discuss probably the greatest listener comment we've received. Law starts at (05:56).
"V" is the letter of the day today, as we are covering VOCABULARY this week on the Citizen's Guide to the Supreme Court. Brett and Nazim cover three current cases which debate the meanings of statutory text, including Murphy v. Smith (how much is 25%?), Digital Realty Trust v. Somers (what is a whistle blower?), and SAS Institute v. Matal (what is a final written decision?). Law starts at (04:25).
This week's episode covers the Fourth Amendment, and specifically why police officers should err on the side of getting a a warrant to avoid cases being taken to the Supreme Court. Brett and Nazim cover Collins v. Virgnia and Byrd v. U.S. (starting at 19:20), but not before discussing the Constitutionality of anti-homeless legislation (starting at 5:47) and why the Benjamin Button movie sucks (that's from the jump, homie).
We're going back in time a bit this week to cover the cases of Sessions v. Dimaya and Jennings v. Rodriguez to discuss how Judge Neil's originalist sensibilities will impact two cases from last term that deal with immigration removal statutes. Additionally, Brett laments the loss of Carson Wentz and predicts hell fire and brimstone if the Eagles win the Super Bowl. Law starts at (04:42).