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    Government

    Two Balls, One Court

    Welcome to “Two Balls, One Court,” the Supreme Court analysis podcast hosted by John and David Ball.

    David Ball is a lecturer at the OSU Moritz College of Law on religious liberty and legal ethics. He is also a licensed member of the US Supreme Court Bar Association.

    John Ball received the “Outstanding Attorney Award” at the West-regional Licking County mock trial competition in the 11th grade.

    We do deep dives into oral arguments, legal history, and Supreme Court politics like no other father-son legal team. Not sure what else you could hope for in a podcast, welcome to 2B1C.

    Advertise

    Copyright: © John Ball

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    Latest Episodes:
    7. Two Bells, One Church, and a Football Coach's Right to Pray Jun 02, 2022
    Show notes

    In this episode, a high school football coach appeals for his constitutional right to pray at the 50 yard line after school games. But that's not the whole story.

    Tune in to hear:

    • How this coach's prayer caused a stampede that injured half a marching band
    • Brett Kavanaugh's take on what it takes to make varsity football
    • And what churches think prayer in school makes God seem lame.

    All that and more in Kennedy v. Bremerton School District.


    6. The Big Leak: Dobbs v Jackson Women's Health and a post-Roe America May 15, 2022
    Show notes

    Spoiler alert: what these seven Catholics have to say about abortion will SHOCK you. Things are looking pretty bleak for abortion rights in the foreseeable future, but tune in to hear David Ball on how he thinks justice Roberts may have some tricks up his sleeve to pull a vote from the Alito camp.


    5. Confirmation of Justice Ketanji Brown Jackson May 09, 2022
    Show notes

    In a historic first, the US Senate has voted 53-47 to confirm the first African American woman, Judge Ketanji Brown Jackson, to the US Supreme Court. But it was no easy path.

    Tune in for:

    • Highlights of the KBJ Confirmation Hearings
    • Justice KBJ and Ted Cruz’s exchange on whether “babies are racist,” using a copy of a book he obtained by mugging a student at Georgetown Day School
    • And lastly, predictions on the type of Justice we can expect Justice KBJ to be, based on her rulings in the DC Circuit Court of Appeals.

    4. The Mississippi Abortion Ban: Dobbs v Jackson Women’s Health May 09, 2022
    Show notes

    In the latest challenge to Roe v. Wade and abortion rights across America, the state of Mississippi has brought a case defending a new law which bans abortion once a pregnancy has reached the post-15 week period. In the words of Mississippi legislators, they’re bringing this case since there are “three new justices” on the court. Analyzing this phrase, Justice Sotomayor puts it best when she asks the question: “will this institution survive the stench” created by overruling 50 years of legal precedent due to partisan pressures? (Spoiler alert: what these seven Catholics have to say about abortion will SHOCK you).

    Tune in for:

    • Updates for the ruling on Jan 8th’s “large employer” Biden vaccine mandate case
    • Discussion of relevant legal precedent affecting abortion rights
    • The politics of the Supreme Court during other critical abortion cases in American history
    • Legal arguments from Commander Waterford of Handmaid’s Tale, arguing on behalf of the state of Mississippi
    • A complete “tour-de-force” from Justices Sotomayor and Breyer in attempt to save our constitution and the legitimacy of the US Supreme court.
    • And most importantly for this immediate ruling, predictions on how the three new justices will rule based on their courtroom questioning.
    • And last but not least, tune in as well for the “Three Balls, One Court” legal analysis section featuring insight from Ohio State nursing student Lisa Ball.

    3. Double-Emergency Episode on the Biden Vaccine Mandate May 09, 2022
    Show notes

    In one of the most prominent attempts by the Biden administration to curtail the spread of COVID-19 yet, the Biden “large employer” vaccine mandate is set to take effect for all businesses with more than 100 employees. However, it is yet to be seen whether the court’s conservative justices will be willing to acknowledge the Biden administration’s ability to do so. In legal speak, this case reviews the National Federation of Independent Business’s requested “emergency stop” on the “emergency temporary standard” for COVID vaccinations.

    This case was discussed in the Supreme Court last Friday January 8th (two days ago) and the mandate is set to take effect Monday (tomorrow!). In this double-emergency episode you’ll hear discussion on:

    • Justice Gorsuch refusing to wear a mask during oral arguments (we have NO idea how he’ll rule on this case about vaccine mandates),
    • Justice Alito talking about waving his magic wand,
    • And - underscoring all of this debate on vaccine mandates - a Justice and an attorney are participating remotely due to potential COVID exposure.

    2. US v Zubaydah and US Intelligence In the Post-9/11 Era May 09, 2022
    Show notes

    In our post-9/11 world, it’s safe to say that 9/11 gave the CIA complete and total control over the release of any information potentially related to terror. More specifically in this case, the CIA wields “State Secrets Privilege,” which allows the government to withhold any information that comes forward in litigation it suspects could compromise national security. For those interested in the legacy of Guantanamo Bay and what it means for American security in a post-9/11 world, US v. Zubaydah is one of the most prominent challenges to state secrets privilege to date. For more background on Abu Zubaydah, we recommend this article by The Rendition Project. But for this case, the question the court must answer is whether the CIA must confirm details related to the detention of Abu Zubaydah for a legal proceeding in Poland (not even a case in the United States).

    Tune in for:

    • Legal discussion on the “State Secrets Privilege”
    • Thoughts on American security in the post-9/11 era
    • How it might feel when a Supreme Court justice calls your argument “farcical”
    • To put it mildly, fuming, rage from Justice Gorsuch towards one attorney during rebuttal
    • Last but not least, we rate how well one side’s Murder On the Orient Express reference landed with US Supreme Court Justices

    1. Intro and US Supreme Court for Dummies May 09, 2022
    Show notes

    It’s not too often you hear audio from cases argued before the Supreme Court. However, as anyone who frequently listens to oral arguments can tell you, it’s some of the best political theater on the planet. In addition to questioning (and sometimes interrogating) attorneys for their legal arguments, members of the court also use this time to sway the opinions of other justices.

    Check out the intro to hear about how we’re structuring episodes, goals for the podcast, and more.

    I recommend listening to John(me) on at least 1.5x speed


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