The Citizen's Guide to the Supreme Court

Latest Episodes:

Three Questions about Hernandez v. Mesa Mar 12, 2017

Show notes

This week's case, Hernandez v. Mesa, untangles the procedure hurdles that result when a U.S. government official standing on U.S. soil shoots and kills a Mexican citizen standing on Mexican soil. Brett and Nazim discuss three big procedural hurdles, and why twenty feet in either direction make this case a lot easier to resolve. The law starts at (09:30), but please start at (06:26) if you live in the Bay Area and don't want to hear about cool countries you can party in at age 19.

Chili Cheesesteaks, Trans Rights, and Racist Jurors Mar 09, 2017

Show notes

Today's mini-episode covers the recent decisions in Glouchester County School Board v. G.G. and Pena-Rodriguez v. Colorado, which were both resolved earlier this week. Brett and Nazim also debate the merits of the "chili cheesesteak" and request very specific listener feedback on a question entitled "Beef on beef?"

Results in Buck & Frye, Updates in Tam & G.G. Mar 05, 2017

Show notes

A lot happens in the Supreme Court, and this episode fills in the gaps for cases where changes have occurred over the last few weeks. First, Brett and Nazim discuss the recent decisions in Buck v. Davis (is a racist expert grounds for IAC), and Frye v. Napoleon Schools (can a student file under the ADA for the schools' lack of accommodation), then the cases of Lee v. Tam (can you trademark racist rock band names) and Glouchester County v. G.G. (transgender bathroom case) are updated. There was a weirdly high number of curse words in this one, but they have been unconstitutionally beeped in post-production. Law starts at (4:00).

Miami v. the Banks Feb 26, 2017

Show notes

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).

The Right to Bail in Immigration Cases Feb 19, 2017

Show notes

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.

Emoluments Clause Family Feud Feb 16, 2017

Show notes

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.

Trump Loses in the 9th Circuit Feb 12, 2017

Show notes

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).

Who is Judge Neil (Gorsuch)? Feb 05, 2017

Show notes

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.

Donald Trump's Executive Order on Immigration Feb 01, 2017

Show notes

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!!

GUEST EP: The Affordable Care Act Repeal Jan 29, 2017

Show notes

With Nazim on vacation, this week's episode features special guest Lindsey C. (@DCInbox), who monitors Congress and Congressional communications for her website DC Inbox. Lindsey and Brett discuss the logistics and timeline for an Affordable Care Act/Obamacare repeal, new Supreme Court appointees, and current Supreme Court cases on districts and the Voting Rights Act.

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