Beyond The Judgement

Latest Episodes:

Gun Rights, Wrongs, & Domestic Violence (US v. Rahimi) Nov 27, 2023

Show notes

Welcome back to Tiers of Scrutiny! On today's episode, we discuss a 2nd Amendment case--United States v. Rahimi. Check out the links below for a little extra reading on the case. See you in two weeks :)

https://www.oyez.org/cases/2023/22-915

https://www.aclu.org/cases/united-states-v-rahimi

5th Amendment Woes (McElrath v. Georgia) Nov 06, 2023

Show notes

In this episode, hear us discuss McElrath v. Georgia, an upcoming SCOTUS case regarding an acquitted defendant who the state of Georgia wants to retry in criminal court. Sound like a Double Jeopardy issue to you? Us too. Tune in for more.

Sooo... what is the intersection between race and political affiliation, if any? And why does it matter when drawing maps? (Alexander v. South Carolina NAACP) Oct 23, 2023

Show notes

On today's episode we discuss Alexander v. South Carolina NAACP. The case regards gerrymandering in South Carolina. You can read more about it here: https://www.oyez.org/cases/2023/22-807

What does Port Huron's city manager have to do with a finsta? (Lindke v. Freed and O'Connor-Ratcliff v. Garnier) Sep 25, 2023

Show notes

In today's episode we discuss the intersection of the 1st amendment and social media!

Trump Too Small? (Vidal v. Elster) Sep 11, 2023

Show notes

Question at hand: Does the refusal to register a trademark under 15 U.S.C. § 1052(c) when the mark contains criticism of a government official or public figure violate the Free Speech Clause of the First Amendment?

Did internet stalking just get a whole lot easier? (Counterman v. Colorado) Aug 21, 2023

Show notes

In today's case we discuss the intersection between freedom of speech and internet stalking. You can read the court's full opinion here: https://www.supremecourt.gov/opinions/22pdf/22-138_43j7.pdf!

The End of Affirmative Action & The Asian-American Paradox Aug 07, 2023

Show notes

In this episode, we discuss the fall of affirmative action and our predictions of what will happen to college applications next. We simultaneously explored the role of Asian Americans and the model minority myth in both upholding and ending the practice. By no means do we have all the answers to the effect that the end of the policy will have on institutions and opportunities for underrepresented minorities and those in the majority. This episode is a contentious one but we didn't want to shy away from our thoughts and opinions so please be respectful when engaging in discourse. At the end of the day, people are sacred and ideas are not.

Here are the references we used:

https://www.nber.org/system/files/working_papers/w26316/w26316.pdf

https://www.bu.edu/ciss/2023/07/03/college-are-already-unequal-will-ending-affirmative-action-make-it-worse/

https://www.axios.com/local/san-francisco/2023/07/03/affirmative-action-supreme-court-california#

https://www.npr.org/2023/07/02/1183981097/affirmative-action-asian-americans-poc

http://care.gseis.ucla.edu/wp-content/uploads/2015/08/care-brief-raceblind.pdf

https://onlinelibrary.wiley.com/doi/10.1111/j.0038-4941.2004.00284.x

http://www.jstor.org/stable/42956064

http://www.jstor.org/stable/j.ctt7rqbv

Fisher v. University of Texas. (n.d.). Oyez. Retrieved July 7, 2023, from https://www.oyez.org/cases/2012/11-345

https://www.washingtonpost.com/politics/2022/02/15/legacy-colleges-universities-black-brown/

https://www.law.com/almID/1202676210690/

https://calmatters.org/education/2018/07/californias-gone-without-higher-ed-affirmative-action-since-1996-blackenrollment-at-top-ucs-never-recovered/

https://repository.library.georgetown.edu/handle/10822/1062947?show=full%20own%20original%20research.

Students for Fair Admissions v. President and Fellows of Harvard College. (n.d.). Oyez. Retrieved July 7, 2023, from https://www.oyez.org/cases/2022/20-1199

https://thespearheadmagazine.com/how-the-model-minority-myth-affects-us-all/

https://repository.law.umich.edu/mjrl/vol11/iss2/7

https://www.washingtonpost.com/education/2023/06/29/affirmative-action-banned-what-happens/

A Delicate Balance: Protections Against Discrimination & Free Speech (303 Creative LLC v. Elenis) Jul 24, 2023

Show notes

Listen to us unpack the decision in 303 Creative LLC v. Elenis, in which SCOTUS came down in favor of Lori Smith, the Colorado wedding website designer who did not wish to ever design a website for a same-sex couple. Read here for more background information. See you in two weeks!

A Win For Tribal Sovereignty: Haaland v. Brackeen Jul 10, 2023

Show notes

Welcome back to Tiers of Scrutiny! Listen here for a breakdown of Haaland v. Brackeen, a SCOTUS case regarding ICWA (The Indian Child Welfare Act of 1978). If interested in more background information, check out the following links:

https://www.oyez.org/cases/2022/21-376

https://www.aclu.org/cases/brackeen-v-haaland

The Supreme Court's Unexpected Verdict on Democracy: Allen v. Milligan Jun 19, 2023

Show notes

This episode of tiers of scrutiny covers the court's recent decision in Allen v. Milligan which regards maps used in the 2022 midterm election in Alabama. You can read the opinion here. If you are interested in more legal analysis we suggest SCOTUS Blog.

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