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Children, Indoctrination, and Ideas


Season 5 Episode 233


The end of the term arrives, and the Court is busy.  We begin our dive into  the cases with Mahmoud v. Taylor, a case involving inclusive books in a school, parental guidance of religious education, …


Published on 4 months, 2 weeks ago

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Imbalance of Power


Season 5 Episode 232


The US enters a violent part of the world once again, as Iran’s nuclear facilities are bombed.  The President orders this without consulting Congress; indeed without asking for, much less receiving a…


Published on 4 months, 3 weeks ago

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A Judicious Life, Part Two - Special Guests Justice Stephen Breyer, Professors Nadine Strossen and Kermit Roosevelt


Season 5 Episode 231


Former Justice Breyer returns to Amarica’s Constitution with reflections on his long-time colleague and, yes, his friend, in a rare opportunity to hear about relationships on the Court.  Meanwhile, f…


Published on 4 months, 4 weeks ago

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Count to Ten


Season 5 Episode 230


The Supreme Court left lower courts somewhat in the lurch in its recent Bruen decision; last year, in Rahimi, it attempted to clarify matters.  Now an assault weapons case reaches the Court, Snope v.…


Published on 5 months, 1 week ago

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Competence, Character - or Cannon


Season 5 Episode 229


Trump says he will no longer take advice from the Federalist Society, and Leonard Leo in particular, for judicial nominations.  The criteria he will use instead appear to be cause for great concern, …


Published on 5 months, 2 weeks ago

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Possibly Preparing Humphrey's Execution


Season 5 Episode 228


This past week, the Supreme Court issued stays of injunctions which lower courts had issued, those injunctions blocking the firings of officials on statutorily independent agencies.  In doing so, the…


Published on 5 months, 3 weeks ago

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The Merits of The Merits


Season 5 Episode 227


The Trump executive order on birthright citizenship has been banging around the lower federal courts for months now, with court after court opining on its unconstitutionality and issuing injunctions …


Published on 5 months, 4 weeks ago

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A Judicious Life, Part One - Special Guests Dean Heather Gerken and Judge Kevin Newsom


Season 5 Episode 226


With the passing of Justice David Souter, the legal establishment has lost one of its most honored members.  In this and our next episode, we pay tribute to the man and his work with the help of an a…


Published on 6 months ago

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No School For You - Special Guest Vikram D. Amar


Season 5 Episode 225


Law firms are threatened with draconian penalties, with scarcely disguised vengeful and politically destructive motive.  Universities are dragged on the carpet, with demands that they forfeit their a…


Published on 6 months, 3 weeks ago

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Equality, Emergencies, Exception, and Easter


Season 5 Episode 224


Deportations, the administration’s preferred tactic du jour, appear to many as extreme, inadvisable, and often cruel.  Are they unconstitutional?  What framework can we use to determine the rights of…


Published on 7 months ago





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