The Citizen's Guide to the Supreme Court

Latest Episodes:

Is This Ineffective Assistance of Counsel, Part 2? Jan 22, 2017

Show notes

This week's episode runs back America's favorite game, where Nazim tries to guess whether or not horrible lawyer mistakes automatically entitle defendants to new trials. Brett and Nazim also cover the case of Lee v. U.S., where an immigration attorney forgot to inform the client that a guilty plea would result in deportation, and Buck v. Davis, where an attorney put on an expert that shared horribly racist opinions with the jury. Law starts at (03:31).

Revenge of the Enemy Combatants Jan 15, 2017

Show notes

The War on Terror takes a weird turn this week, as Brett and Nazim cover the cases of Ziglar v. Abbasi, Turkmen v. Abbasi, & Ashcroft v. Abasi, which decide whether or not enemy combatants who were wrongfully detained at Guantanamo Bay may sue government officials for civil damages. Law starts at (06:19).

A New Take on Police Shootings Jan 11, 2017

Show notes

In this mini-episode, Nazim checks in from across the pond to discuss White v. Pauley, the Court's new test for imposing civil liability on government officials, and the mechanics of eating oneself to death.

SCOTUS Takes On Our Clogged Toilet Government Jan 08, 2017

Show notes

When history looks back on the case of NLRB v. SW General, Inc., it will serve as a weird time capsule for our current government, featuring bipartisan passive aggressiveness, poor statutory construction, and Congress doing nothing. Brett and Nazim untangle this mess while also covering the failed lawsuit to appoint Merrick Garland and the potential undoing of the filibuster. Law starts at (04:45).

Handing Over the Smoking Gun Jan 01, 2017

Show notes

This week's episode covers Brady material, which is a fancy way of describing exculpatory evidence that prosecutors are Constitutionally required to hand over to criminal defendants prior to trial. Brett and Nazim discuss the origins of this doctrine and how that impacts the current cases of Turner v. U.S. and Overton v. U.S. Law starts at (04:45).

Have a Happy [Establishment-Clause-Approved] Holiday Dec 25, 2016

Show notes

This week's episode covers whether or not Christmas displays are a violation of the Establishment clause, by going through cases like Lee v. Weisman, Lynch v. Donnelly, Allegheny County v. ACLU, & McCreary County v. ACLU. In addition, Brett and Nazim discuss the current cases of Advocate Health Care Network v. Stapelton, Saint Peter's Health Care System v. Kaplan, and Dignity Health v. Rollins, which cover whether or not institutions that are religious, but not churches, qualify for ERISA exceptions . The law starts at (03:59).

Results in Shaw and Salman Dec 21, 2016

Show notes

This min-episode covers the Court's recent decisions in Shaw and Salman, two criminal procedure cases where technical arguments were denied in favor of keeping the law as is.

Who Will Think of the Children?!? Dec 18, 2016

Show notes

This week's episode covers two cases that relate to the rights of children in schools, including the older case of Hazelwood School District v. Kuhlmeier (covering free speech) and the more recent case of Fry v. Napoleon Community Schools (covering administrative remedies for disabled children). The law starts at (06:16), but jumping ahead would deprive you of the joy of discovering which host is more likely to eat food out of the garbage.

How to Sue People, In 600 Easy Steps Dec 11, 2016

Show notes

This week's episode is a rip-roaring dive into the exciting world of civil procedure. Brett and Nazim discuss how to start a lawsuit, why some lawsuits get dismissed before trial, and why the case of Venezuela v. Helmerich & Payne International is as much about international relations as it is about pleading standards. Law starts at (03:12), and we mention a lot of listeners by name in this one.

The Likely Result of Election-Based Lawsuits Dec 06, 2016

Show notes

Brett and Nazim drop by early this week to cover possible lawsuits challenging Donald Trump's presidency, election, and impeachment, and why the Jill Stein Green Party lawsuits are likely to be dismissed by on procedural grounds.

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