Tiers of Scrutiny w/ Eva Eapen & Pari Sidana

Clouds of Confusion: Vapes vs. FDA Rules (FDA v. Wages and White Lion Investments) Feb 10, 2025

In this episode, we dive into the legal battle between e-cigarette manufacturers and the FDA—a case that’s making waves all the way to the Supreme Court. Back in 2009, Congress put vaping under FDA oversight, but fast forward to 2021, and manufacturers claim the agency pulled a last-minute rule change, shutting down their applications without warning. The FDA says it’s just doing its job to protect public health—especially kids. So, did the agency play fair, or did it pull a “regulatory switcheroo,” as the Fifth Circuit called it? We break down the arguments, the legal implications, and what this case means for government transparency, corporate accountability, and the future of flavored vapes.

Tune in as we unpack the puffs, politics, and procedures behind this high-stakes case!

Here are our sources:

https://www.oyez.org/cases/2024/23-1038

https://www.scotusblog.com/case-files/cases/food-and-drug-administration-v-wages-and-white-lion-investments-llc/

https://www.scotusblog.com/2024/12/justices-hear-fda-case-on-flavored-vapes/

https://www.supremecourt.gov/DocketPDF/23/23-1038/323413/20240826164114741_23-1038tsFDA.pdf

https://www.fda.gov/about-fda/what-we-do

https://www.supremecourt.gov/DocketPDF/23/23-1038/327672/20241007153644875_23-1038%20Brief%20for%20Respondents.pdf

Privacy, Porn, and the First Amendment: A Constitutional Crossroads (Free Speech Coalition, Inc. v. Paxton) Jan 27, 2025

Happy Monday, folks! On today's episode, Pari and I discuss Free Speech Coalition v. Paxton, a case in which SCOTUS must decide the correct scrutiny test to apply to age verification laws on porn sites. Other questions we touch on...Should governments be able to require that porn websites verify viewers' ages? Do such laws infringe on First Amendment protections and anonymity?

This is a case that will have significant implications for free speech protections regarding sexual/obscene content. We recorded this episode before the Supreme Court heard arguments in this case, so we've linked the January 15th arguments for you below--alongside a host of resources if you're interested in learning more.

See you in two weeks!

Eva & Pari

https://www.scotusblog.com/case-files/cases/free-speech-coalition-inc-v-paxton/https://www.oyez.org/cases/2024/23-1122

https://www.oyez.org/cases/2024/23-1122

https://www.scotusblog.com/case-files/cases/free-speech-coalition-inc-v-paxton/

https://ballotpedia.org/Free_Speech_Coalition,_Inc._v._Paxton#:~:text=Ketanji%20Brown%20Jackson-,Free%20Speech%20Coalition%20v.,court's%20October%202024%2D2025%20term.&text=The%20issue%3A%20The%20case%20concerns%20people's%20access%20to%20protected%20speech

https://www.texasattorneygeneral.gov/news/releases/scotus-attorney-general-ken-paxton-defends-texas-law-requiring-age-verification-measures-pornography#:~:text=Attorney%20General%20Ken%20Paxton%20filed,children%20from%20obscene%20online%20material

https://www.aclu.org/cases/free-speech-coalition-inc-v-paxton

https://www.freespeechcoalition.com/

https://www.supremecourt.gov/DocketPDF/23/23-1122/326045/20240916160337719_Petitioners%20Merits%20Br.pdf

https://www.supremecourt.gov/DocketPDF/23/23-1122/311950/20240530120355427_23-1122%20Brief%20in%20Opposition.pdf

https://www.supremecourt.gov/DocketPDF/23/23-1122/326689/20240923183221800_23-1122tsacUS_Free_Speech_Coal_Final.pdf

Republic of Hungary v. Simon Jan 13, 2025

Hello listeners! In this episode, Pari and I discuss Republic of Hungary v. Simon, a SCOTUS case that concerns Hungarian Holocaust survivors suing the Republic of Hungary in pursuit of compensation for seized property. Pari was actually lucky enough to be present in the chamber during oral arguments for this case! Listen for her observations about the justices' statures, behaviors and body languages during arguments, and more. As always, we've linked some information for you below and we'll see you in two weeks!

https://www.scotusblog.com/2020/12/case-preview-foreign-sovereign-immunity-comity-and-the-holocaust/

https://www.supremecourt.gov/DocketPDF/23/23-867/309743/20240514121241293_Republic%20of%20Hungary%20v.%20Simon%20-%20Brief%20for%20Respondents%20FILE.pdf

https://www.oyez.org/cases/2024/23-867

https://www.supremecourt.gov/DocketPDF/23/23-867/323352/20240826122931272_23-867%20Petitioners%20Opening%20Brief.pdf

https://www.supremecourt.gov/DocketPDF/23/23-867/324002/20240903185425980_23-867tsacUnitedStates.pdf

https://www.supremecourt.gov/DocketPDF/23/23-867/309743/20240514121241293_Republic%20of%20Hungary%20v.%20Simon%20-%20Brief%20for%20Respondents%20FILE.pdf

https://tlblog.org/hungary-v-simon-offers-supreme-court-stark-choice/

Tik Tok on Trial: A Conversation About Tik Tok v. Garland Dec 30, 2024

Hey y'all!

On today's episode Eva and I discuss the SCOTUS case about the Tik Tok ban. Here are the sources we used:

https://www.supremecourt.gov/DocketPDF/24/24-656/336151/20241227163400981_2024-12-27%20-%20TikTok%20v.%20Garland%20-%20Amicus%20Brief%20of%20President%20Donald%20J.%20Trump.pdf

https://www.supremecourt.gov/DocketPDF/24/24-656/335380/20241217144322392_24A587%20TikTok%20v%20Garland%20Amicus%20Brief%20pdfa.pdf

https://www.supremecourt.gov/DocketPDF/24/24-656/335387/20241217150212414_24A587%20Amicus%20Brief%20PDFA.pdf)

https://www.supremecourt.gov/DocketPDF/24/24-656/336144/20241227161148472_24-656tsGovt_final.pdf https://www.npr.org/2024/05/14/1251086753/tiktok-ban-first-amendment-lawsuit-free-speech-project-texas

https://www.supremecourt.gov/DocketPDF/24/24-656/336136/20241227160309446_24-656%20ts.pdf

https://www.cbsnews.com/news/supreme-court-tiktok-ban-law/

https://www.wral.com/story/republican-nc-supreme-court-candidate-wants-gop-led-high-court-to-toss-ballots-after-elections-board-rejects-protest/21774323/

Sentenced to Death by Deception (Glossip v. Oklahoma) Dec 16, 2024

In today's episode, Eva and I discuss Glossip v. Oklahoma. The case is about Richard Glossip who has been sentenced to the death penalty despite the prosecution hiding information about a key witness' mental health and that same witness admitting that he lied on the stand. We dive into the ethical implications of what will happen if the Supreme Court decides to uphold Glossip's sentence. Here are the sources we used:

- https://www.oyez.org/cases/2024/22-7466

- https://www.nytimes.com/2024/10/04/opinion/courts-execution-mistakes.html?smid=nytcore-ios-share&referringSource=articleShare

- https://www.supremecourt.gov/DocketPDF/22/22-7466/308603/20240429163200162_22-7466%20ts.pdf

- https://deathpenaltyinfo.org/facts-and-research/clemency

- https://supreme.justia.com/cases/federal/us/373/83/

- https://www.law.cornell.edu/wex/brady_rule

- https://www.supremecourt.gov/DocketPDF/22/22-7466/270450/20230705170639604_GlossipRes%20MAIN%20%20E%20FILE%20Jul%205.pdf

- https://www.oyez.org/cases/2014/14-7955

Who Gets to Define the Word "Firearm"? (Garland v. VanDerStok) Dec 10, 2024

In this episode, we delve into the Supreme Court case that challenges the Bureau of Alcohol, Tobacco, and Firearms (ATF) 2022 revisions to the Gun Control Act of 1986. These revisions introduced new definitions of key terms like "firearm," "firearm frame," and "receiver" that could have far-reaching implications for gun regulations across the country. The case revolves around whether the ATF has overstepped its authority by redefining these terms and altering the legal landscape for gun owners, manufacturers, and regulators. Join us as we break down the legal arguments, the historical context of the Gun Control Act, and the potential consequences of this case for the future of firearms law.

Here are the sources we used:

Can SCOTUS make up its mind on gun laws? (Update: U.S. v. Rahimi) Nov 20, 2024

Hello everybody! We are on to business as usual, updating you on U.S. v. Rahimi. This is a case about the permissibility of 2nd amendment restrictions. If you need additional background, we recommend you go back and listen to the original U.S. v. Rahimi episode, as well as the NY State Rifle & Pistol Association v. Bruen episode. Linked below are some resources on the Rahimi case for your viewing! Thanks for tuning in.

As for the NC Supreme Court race, Justice Allison Riggs appears to have won by a slim 625 votes. There will likely be a recount. If you want to learn more about her, we recommend that you go back and listen to our interview with her, entitled "Campaigning with Conviction".

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

https://www.supremecourt.gov/opinions/23pdf/22-915_8o6b.pdf

https://apnews.com/article/supreme-court-guns-domestic-violence-d63ee828e51911cc5e5a01780820f224

Election Day Emergencies: 3 SCOTUS Decisions About the 2024 Election Nov 04, 2024

Hey y'all!

On today's episode Eva and I discuss 3 key decisions that the Supreme Court made about the upcoming election. If you have not made a plan to vote yet visit iwillvote.com to get all the information you need to vote tomorrow. Here are all the resources we used in compiling this episode:

- https://www.npr.org/2024/11/01/g-s1-31054/supreme-court-pennsylvania

- https://www.nytimes.com/2024/10/30/us/supreme-court-virginia-purge-voter-registration.html?smid=nytcore-ios-share&referringSource=articleShare

- https://www.washingtonpost.com/opinions/2024/10/30/virginia-voter-purge-justices/

- https://www.brennancenter.org/our-work/research-reports/noncitizen-voting-missing-millions

- https://thehill.com/regulation/court-battles/4960129-election-lawsuits-supreme-court/

Censoring the Censors: Moody v. Net Choice Oct 21, 2024

In today's episode Eva and I discuss Moody v. Net Choice. The case is about social media and whether or not states can impose regulations on whether social media platforms can engage in censorship.

Here are the resources we used:

- https://www.supremecourt.gov/opinions/23pdf/22-277_d18f.pdf

- https://www.oyez.org/cases/2023/22-555

https://www.scotusblog.com/2024/07/court-sends-social-media-moderation-cases-back-to-lower-courts/

- https://www.bonalaw.com/insights/legal-resources/differences-between-facial-and-as-applied-challenges-to-the-constitutionality-of-a-statute

Abortions & Emergency Procedures: Moyle v. United States Oct 07, 2024

Hey y'all! On today's episode, Eva and I discuss Moyle v. United States. Here are the resources we used:

Intent vs. Impact: Alexander v. South Carolina State Conference of the NAACP Sep 23, 2024

Hi everyone! On today's episode of Tiers of Scrutiny, we discuss Alexander v. South Carolina State Conference of the NAACP.

Here are the sources we used:

- https://www.oyez.org/cases/2023/22-807

- https://content.next.westlaw.com/practical-law/document/Id4cf195cf3ad11e28578f7ccc38dcbee/Clear-Error?viewType=FullText&transitionType=Default&contextData=(sc.Default)#:~:text=When%20reviewing%20mixed%20questions%20of,Ass'n%20v.

- https://www.supremecourt.gov/opinions/23pdf/22-807_3e04.pdf

- https://www.brennancenter.org/our-work/court-cases/rucho-v-common-cause

Immunity or King-making: Trump v. U.S. Sep 10, 2024

On today's episode, Pari and I discuss the landmark case regarding presidents' immunity from criminal prosecution for official acts. As always, thanks for tuning in!

Additional resources:

https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf

https://www.oyez.org/cases/2023/23-939

Was George Orwell Onto Something? (Murthy v. Missouri Update) Aug 26, 2024

On today's episode, we discuss Murthy v. Missouri, a case regarding freedom of speech and government censorship on social media platforms.

Here are the sources we used:

Power Struggle: What will a post-Chevron world look like? (Loper Bright Enterprises v. Raimondo & Relentless Inc. v. Department of Commerce)) Aug 12, 2024

On today's episode, we discuss the fall of a judicial doctrine known as "chevron deference." in a case called Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce. Here are all the sources we used:

Can Cities Penalize Sleeping in Public? (Grants Pass v. Johnson: Update) Jul 29, 2024

On today's episode, Pari and I update you on a case we've previously covered: City of Grants Pass v. Johnson. The question at hand--whether or not cities can penalize unhoused people for sleeping in public areas? We briefly preview the case, discuss the Court's decision, and give you some of our thoughts. As always, resources linked below. Thank you tuning in!

https://www.supremecourt.gov/opinions/23pdf/23-175_19m2.pdf

https://www.scotusblog.com/case-files/cases/city-of-grants-pass-oregon-v-johnson/

Campaigning with Conviction: A Conversation With Justice Allison Riggs Jul 15, 2024

On today's episode, we have an exciting interview with North Carolina Supreme Court Justice Allison Riggs. As she looks ahead to 2024 and beyond, we wanted to learn more about her background, convictions, and her vision for the future of our democracy. Listen to this episode to learn more about Justice Riggs, the NC Supreme Court, and the importance of voting in 2024. You can learn about Justice Riggs and her campaign here: https://www.riggsforourcourts.com/!

What could the ACLU and NRA possibly agree on? (NRA v. Vullo: Update) Jun 24, 2024

Welcome back to Tiers of Scrutiny! Listen here to learn about NRA v. Vullo, a case in which the NRA accuses New York's Department of Financial Services' Superintendent of suppressing their speech. Linked below are additional resources regarding this case.

https://www.oyez.org/cases/2023/22-842

https://www.supremecourt.gov/opinions/23pdf/22-842_6kg7.pdf

https://constitutionallawreporter.com/2023/12/11/scotus-adds-two-additional-gun-rights-cases-to-docket/

GUILTY: discussing the infamous Trump conviction Jun 07, 2024

Wondering about the nitty gritty of former President Donald Trump's conviction last week? We were too. Listen here for a discussion of Trump's actions, the charges, the trial, the verdict, and the response.

https://www.vox.com/politics/353111/trump-trial-verdict-criticisms-wrongly-convicted

https://time.com/6985067/donald-trump-felon-travel-guns-voting/

https://www.vox.com/scotus/353561/supreme-court-donald-trump-nullfy-conviction

https://apnews.com/article/trump-trial-deliberations-jury-testimony-verdict-85558c6d08efb434d05b694364470aa0

Who does the 8th Amendment Protect? (City of Grants Pass v. Johnson) May 27, 2024

Hey y'all!

We hope you enjoy today's episode. You can read more about the case here:

- https://www.oyez.org/cases/2023/23-175:

- https://hls.harvard.edu/today/supreme-court-preview-city-of-grants-pass-v-johnson/

https://www.supremecourt.gov/oral_arguments/argument_transcripts/2023/23-175_6kh7.pdf

- https://www.culawreview.org/journal/evolving-standards-of-decency-on-the-abolition-of-capital-punishment#:~:text=As%20highlighted%20in%20Weems%20v,cruel%20and%20unusual%20standards%E2%80%9D%20clause.

What Qualifies as a "Presidential Duty?" (Trump v. US) Apr 29, 2024

On today's episode of Tiers of Scrutiny Eva and I discuss Trump v. US, the SCOTUS case about former President Trump's immunity in the January 6th trial.

https://www.supremecourt.gov/DocketPDF/23/23A745/300410/20240212154110541_2024-02-12%20-%20US%20v.%20Trump%20-%20Application%20to%20S.%20Ct.%20for%20Stay%20of%20D.C.%20Circuit%20Mandate%20-%20Final%20With%20Tables%20and%20Appendix.pdf

https://www.scotusblog.com/2024/02/supreme-court-takes-up-trump-immunity-appeal/

https://www.washingtonpost.com/politics/2024/03/06/trump-immunity-supreme-court-argument-date/

Is the Clock Ticking on Tik Tok? (1st Amendment Concerns with the Tik Tok Ban) Apr 15, 2024

Hey y'all!

We hope you are doing well. On today's episode Eva and I discuss the Tik Tok Ban which was passed by the House of Representatives on March 13th. Here are the sources we used for the episode:

https://www.nytimes.com/2024/03/15/technology/tiktok-ban-bill-senate.html

https://time.com/6958140/tiktok-ban-jeff-jackson-vote-apology/

https://www.nbcnews.com/tech/social-media/tiktok-ban-israel-gaza-palestine-hamas-account-creator-video-rcna122849

https://apnews.com/article/florida-social-media-ban-desantis-fd07f61e167bd9109a83cd7355b5f164

https://constitutioncenter.org/blog/a-national-tiktok-ban-and-the-first-amendment#:~:text=The%20judge%20was%20presented%20with,in%20the%20least%2Drestrictive%20manner.

Can Texas Take Immigration Matters Into Its Own Hands? (SB4 and the Conflicting Rulings on the Bill) Apr 01, 2024

On today's episode, Eva and I cover Texas v. United States (2024). This case regards SB4 (an immigration law) and Article 1, Section 10. Here are the sources which we used:

- https://www.nytimes.com/2024/03/20/us/texas-immigration-law.html?smid=nytcore-ios-share&referringSource=articleShare&sgrp=c-cb

- https://www.texastribune.org/2024/03/18/texas-sb-4-immigration-arrest-law/#:~:text=Texas%20has%20argued%20the%20law,own%20%E2%80%9Cunless%20actually%20invaded.%E2%80%9D

- https://www.oyez.org/cases/2011/11-182

- https://www.supremecourt.gov/opinions/23pdf/23a814_febh.pdf

- https://www.cbsnews.com/news/sb4-texas-immigration-law-blocked-again-after-supreme-court-allowed-state-to-arrest-migrants/

- https://abcnews.go.com/Politics/supreme-court-allows-strict-texas-sb4-immigration-law/story?id=108248478

Why Colorado Can't Kick Trump Off The Ballot (Trump v. Anderson) Mar 18, 2024

Tune in to hear us discuss the Supreme Court's per curial opinion in Trump v. Anderson. We also delve into Sections 3 and 5 of the 14th Amendment, as well as states' inability to remove federal office holders from elections.

Read the Court's opinion here: https://www.supremecourt.gov/opinions/23pdf/23-719_19m2.pdf

Does this count as Spotify's speech? (Netchoice v. Paxton, LLC.) Feb 19, 2024

Hi everyone! On today's episode we discuss Net Choice v. Paxton, LLC. (https://www.oyez.org/cases/2023/22-555).

Here are our sources for the episode:

https://jolt.law.harvard.edu/digest/netchoice-l-l-c-v-paxton-5th-circuit-sets-up-supreme-court-battle-over-content-moderation-authority-of-social-media-giants

https://www.journaloffreespeechlaw.org/candeub2.pdf

https://www.cato.org/blog/fifth-circuit-gets-right-editorial-freedom-very-wrong

https://www.aclu.org/press-releases/aclu-and-rcfp-urge-supreme-court-to-block-two-state-laws-that-would-allow-the-government-to-regulate-editorial-discretion-on-social-media

https://knightcolumbia.org/cases/netchoice

Listen to this episode... or else: Coercion and Speech (NRA v. Vullo) Feb 05, 2024

The episode title is a play on today's case: NRA v. Vullo. You can read more about the case here: https://www.oyez.org/cases/2023/22-842. Here are our sources for today's episode:

- https://www.ncsl.org/state-legislatures-news/details/supreme-court-to-decide-a-variety-of-gun-cases-this-term

- https://constitutionallawreporter.com/2023/12/11/scotus-adds-two-additional-gun-rights-cases-to-docket/

- https://fedsoc.org/commentary/fedsoc-blog/national-rifle-association-v-vullo-gives-scotus-an-opportunity-to-resolve-a-key-first-amendment-circuit-split

A $340 Billion Dollar Question (Moore v. United States) Jan 22, 2024

Hi everyone! On today's episode, I am covering Moore v. United States. This case involves an investment into a foreign company and a taxation on that investment. Although the case itself may seem boring, the wider implications of a decision are fascinating. You can learn more here!

#HaveAConvo: When Should the Government Regulate Speech on Social Media? (Murthy v. Missouri) Jan 08, 2024

Hi everyone! On today's episode, Eva and I discuss Murthy v. Missouri. The case is about the First Amendment and when, if at all, the government can step in to restrict speech on social media. You can read more about the case here: https://www.oyez.org/cases/2023/23-411! As always, please let us know if you have any comments or questions.

Accountability: An Ethics Code Without a "Sword" Dec 11, 2023

On today's episode we discuss the new ethics code that Justices will be following. You can read the code here: https://www.supremecourt.gov/about/Code-of-Conduct-for-Justices_November_13_2023.pdf

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

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

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

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

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

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

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

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

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

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

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

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.

Twitter & Terrorism: What responsibility do social media companies have in terrorism, if any? (Twitter v. Taamneh) Jun 05, 2023

In this episode we discuss Twitter v. Taamneh and Google v. Gonzalez, two decisions released by the court on May 18th. We hope you enjoy!

The Least Popular Branch: Ethics & Lack Thereof May 15, 2023

A continued discussion of the ethics scandals surrounding the SCOTUS and what the impact is in the court of public opinion.

SCOTUS to the Rescue: Mifepristone, Comstock Act, and More May 01, 2023

On April 21st, the Supreme Court released a block on a lower court ruling from April 7th to prohibit the use of Mifepristone (an abortion pill) which contradicted another ruling on the same day which expanded the use of Mifepristone. Tune in to hear our thoughts and opinions of the block along with updates on the NC Supreme Court cases we talked about 2 episodes ago: Harper v. Hall and Holmes v. Moore. The Republican majority court has reversed these decisions which will have a major impact on how we vote in the next election.

Clarence Thomas's Billionaire BFF Apr 17, 2023

Greetings! Today's episode of Barely Legal focuses on recent news! ProPublica released a report revealing that Clarence Thomas failed to disclose multiple trips and a real estate deal made with GOP super donor and billionaire, Harlan Crow. What does this mean for the public's (already eroding) trust in the Supreme Court?

As always, thank you for listening and we'll see you in two weeks.

Hurdles & Hoops: NC Supreme Court Rehears Holmes v. Moore Mar 27, 2023

In today's episode, we discuss the newly Republican majority NC Supreme Court rehearing two voting-related cases, Holmes v. Moore and Harper v. Hall. The former has to do with Voter ID requirements and the latter with allegedly racially discriminatory redistricting. As always, we encourage you to seek out information about your local legislators and justices, and to bear this information in mind when you cast your vote. Thanks for listening, and we'll see you in three weeks.

Dealing With Dobbs Mar 13, 2023

Welcome to today's episode of Barely Legal, where we discuss the five women suing the state of Texas for not providing them with abortions despite their fetuses being unviable and their lives being at risk. We also discuss the unintended consequences of abortion bans that have sprouted across the country since the release of the Supreme Court's decision on Dobbs v. Jackson Women's Health Organization, the case that overturned Roe v. Wade and returned the decision of abortion to the states.

Attached is a link to an overview of the Dobbs case. Thank you for listening.

Seven ATE Nine: When is the Court's role to step in when it comes to the death penalty? Feb 27, 2023

Today we talk about John Balentine and the role of our courts in determining who lives and who dies. Although this is not a Supreme Court case, there are still many implications from the decision. You can read more about it here: https://www.scotusblog.com/2023/02/supreme-court-declines-to-halt-execution-of-texas-man-who-said-juror-and-attorneys-were-racist/. We also talked about the Racial Justice Act and NC Supreme Court case State v. Robinson along with State v. Tucker .

Love is in the Air (The Background to Obergefell v. Hodges) Feb 13, 2023

In today's episode, we discuss the background to Obergefell v. Hodges and previous precedent that regards the LGBTQ+ community in honor of Valentine's Day tomorrow. This is part 1 of a 3 part series regarding court decisions affecting the community. Stay tuned for the next 2 parts!

Santos-Zacaria v. Garland: What Do We Owe Immigrants? Jan 30, 2023

Santos-Zacaria v. Garland regards a trans woman from Guatemala facing deportation in the United Stations. She filed for stay of deportation based on past persecution in her native country. The episode discusses the responsibilities we have to immigrants and potential deportees, especially when it comes to bodily safety.

Read more about the case and listen to the oral arguments here:

https://www.oyez.org/cases/2022/21-1436

What does your vote count for? (Merrill v. Milligan) Jan 16, 2023

On today's episode we are discussing Merrill v. Milligan a case regarding redistricting in Alabama and Section 2 of the Voting Rights Act of 1965. What is democracy, if not representation of the will of the people?

You can read more about the case and listen to the oral argument here: https://www.oyez.org/cases/2022/21-1086.

Here are some additional resources we used in creating this episode:

Case overview from Cornell Law: https://www.law.cornell.edu/supct/cert/21-1086

Merrill v. Milligan SCOTUS stay order in February: https://www.supremecourt.gov/opinions/21pdf/21a375_d18f.pdf

Brnovich v. DNC decision: https://www.supremecourt.gov/opinions/20pdf/19-1257_g204.pdf

Reconciling Public Accommodations and the First Amendment (303 Creative LLC v. Elenis) Jan 02, 2023

Today, we are discussing 303 Creative LLC v. Elenis. This case covers multitude of issues but at the forefront are religious freedom, freedom of speech, and anti-discrimination legislation. The case was argued on December 5th, 2022. You can listen to the oral argument here: https://www.oyez.org/cases/2022/21-476

We're All Susceptible To Virtual Echo Chambers: How Do We Hold Media Platforms Accountable? Dec 19, 2022

In today's day and age, it is possible to construct virtual echo chambers that serve to affirm your own ideologies and world views. How do we hold media platforms accountable for recommending malicious user content?

Is Arizona cruisin' past federal law? (Cruz v. Arizona) Dec 05, 2022

On this episode we discuss Cruz v. Arizona; a case regarding due process rights as they apply to knowledge of ineligibility for parole.

So, what went down on November 8th, 2022? (Midterm Election Debrief) Nov 21, 2022

On today's episode, we discuss what went down in the 2022 Midterm Election and how that will impact the political landscape in the United States.

Midterm Elections: VOTE Nov 07, 2022

Tomorrow is Election Day, and there's a lot on your ballot. It's difficult to educate yourself on candidates representing your values, but we encourage you to cast your vote tomorrow if you are eligible (if not, there's still a lot you can do to ensure your loved ones vote).

Visit https://www.vote.org/ to make your plan to vote ASAP.

What is "Independent State Legislature Theory" and what does it mean for our democracy? Oct 24, 2022

Welcome to a discussion of one of the most consequential cases being heard in this upcoming SCOTUS term. It's called Moore v. Harper, and will be heard December 7, 2022--so tune in to Oyez to listen to the oral arguments if interested.

Are Laws Protecting Indigenous Cultures/Tribes Racially Discriminatory? Oct 10, 2022

Brackeen v. Haaland is an impending SCOTUS case that concerns a 40+ year old federal law called ICWA (Indian Child Welfare Act). The Court will hear oral arguments on this case on November 9th, 2022. Thanks for listening!

Religion and the LGBTQ+ Community: Is it religious freedom to forbid an LGBTQ+ group from gathering on a college campus? Sep 26, 2022

Yeshiva University, a private religious university, does not want a student-run LGBTQ+ group of campus. What are the ramifications of that, and is it religious freedom? This is the first of a few SCOTUS cases regarding the LGBTQ+ community this term, although this was not an official case in the sense that there were no hearings and the opinion is not a final opinion.

Affirmative Action Pt. 1: When is discrimination on the basis of race okay? Sep 12, 2022

On today's episode, we discuss race-based affirmative action and what it means. Why is it an issue that the Supreme Court will be taking on in the upcoming term? Stay tuned for the 2nd part of this episode where we will discuss the lawsuits themselves and the ramifications of the decision once it is out.

Trailer: Welcome to Season 2! Sep 05, 2022

For this new season of Barely Legal, we will be implementing some changes to the format and style of our episodes. We hope you stick around. See you next Monday!

Episode 7: Introduction To SCOTUS Aug 29, 2022

Ever wondered how the US Supreme Court functions? Or how a branch of government can possibly aspire to be wholly apolitical?

Listen here to our introduction to SCOTUS!

Episode 6: The Dismantling of Roe v. Wade. (Dobbs v. Jackson) Aug 22, 2022

Hear us discuss the polarizing Dobbs v. Jackson Women's Health Organization--also known as the Supreme Court case that overturned Roe v. Wade and Planned Parenthood v. Casey. This is admittedly a lengthy episode, but we wanted to do this one justice. Thanks for listening!

Episode 5: Where do we draw the line with school and religion? (Carson v. Makin) Aug 15, 2022

In this episode of Barely Legal, we talk about Carson v. Makin, a case regarding schools and religion but more specifically with government funding for religious schools. You can read more about the case here: https://www.oyez.org/cases/2021/20-1088 !

Episode 4: Do you need proper cause for concealed carry? (NY State Pistol & Rifle Association v. Bruen) Aug 08, 2022

In this episode of Barely Legal, we discuss NY State Pistol & Rifle Association v. Bruen, a case regarding concealed carry legislation in New York and the 2nd amendment.

Episode 3: Vega v. Tekoh Aug 01, 2022

In this episode we discuss Vega v. Tekoh, which determined that an officer's failure to read a person their Miranda rights does not constitute grounds for a claim of civil liability.

Episode 2: West Virginia v. EPA Jul 25, 2022

In this episode we discuss West Virginia v. EPA. The case curtails the ability of federal agencies to set drastic regulations in relevant sectors. You can read more about the decision here: https://www.oyez.org/cases/2021/20-1530!

Episode 1: Kennedy v. Bremerton School District Jul 18, 2022

Welcome to our first episode of Barely Legal! In this episode we discuss Kennedy v. Bremerton School District, a case about a public high school football coach praying after football games (with students at times!) and what that means in terms of freedom of religion and free speech in schools.

Trailer - Welcome to Barely Legal w/ Eva Eapen & Pari Sidana Jul 13, 2022

Hi! This is Barely Legal, the podcast where two teens break down SCOTUS cases in an informative, but thought provoking manner. Our goal is to reach out to barely legal audiences (voters!) and present information about the rulings of the judicial branch that is often left out of the conversation. Our first episode releases this Monday. See you then!

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