After decades on the bench, Justice Breyer’s distinguished career is, for better or worse, fodder for discussion and debate. Akhil has brought a “refined legal realism” to profiling the various justices in terms of their backgrounds, legal and personal; the same approach provides a starting point for looking at this decision. But as we move into the realm of politics and strategy, reasonable people may disagree - just as when sports are discussed. So, Andy and Akhil consider clock management and other coaching questions.
Opening Arguments - OA505: The Supreme Court Is a Partisan Instrument of Destruction on Behalf of the Republican Party and We’re Going to Keep Telling You This Until the Media Stops Raving About How Centrist John Roberts Is
This easily breaks the record for longest show title. But seriously, we're fed up with this bogus Supreme Court coverage. In our main segment, Andrew has the full breakdown of Brnovich and just how terrible it is for voting rights, AND how much Alito and the conservatives are legislating from the bench. They are simply overwriting laws they don't like to accomplish right wing goals. This is pretty much an Andrew Was Right show, as the first segment is all about the Florida social media law being enjoined exactly the f how Andrew predicted. Then, to make us all feel better, we read some really great listener mail! Trust me, you won't want to miss it. It's delightful!
Links: FL SB 7072, injunction
Strict Scrutiny - Textually Challenged
For a further break down of the opinion that is definitely not necessary to enforce the Voting Rights Act (Brnovich v. DNC), Leah is joined by two voting rights experts, Professors Nick Stephanopoulos and Franita Tolson, who offer their thoughts on (among other things) what music Justice Alito was listening to while writing Brnovich and who he was talking to as well.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Amicus With Dahlia Lithwick | Law, justice, and the courts - An Elegy for the Voting Rights Act
A Supreme Court brain trust gathers for this year’s Amicus Breakfast Table. Dahlia Lithwick is joined by Melissa Murray, professor at NYU School of Law and co-host of the podcast Strict Scrutiny; Jeffrey Fisher, Stanford Law School professor and co-director of Stanford’s Supreme Court Litigation clinic; Perry Grossman*, senior staff attorney at the New York Civil Liberties Union’s Voting Rights Project; and of course, Slate’s own Mark Joseph Stern. Together, they analyze the shape of the court and the ramification of its decisions at the end of the 2020 term.
*Perry Grossman appeared on this podcast in a personal capacity, and views expressed do not necessarily represent the NYCLU.
Sign up for Slate Plus now to listen and support our show.
Podcast production by Sara Burningham.
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Amicus With Dahlia Lithwick | Law, justice, and the courts - An Elegy for the Voting Rights Act
A Supreme Court brain trust gathers for this year’s Amicus Breakfast Table. Dahlia Lithwick is joined by Melissa Murray, professor at NYU School of Law and co-host of the podcast Strict Scrutiny; Jeffrey Fisher, Stanford Law School professor and co-director of Stanford’s Supreme Court Litigation clinic; Perry Grossman*, senior staff attorney at the New York Civil Liberties Union’s Voting Rights Project; and of course, Slate’s own Mark Joseph Stern. Together, they analyze the shape of the court and the ramification of its decisions at the end of the 2020 term.
*Perry Grossman appeared on this podcast in a personal capacity, and views expressed do not necessarily represent the NYCLU.
Sign up for Slate Plus now to listen and support our show.
Podcast production by Sara Burningham.
Hosted on Acast. See acast.com/privacy for more information.
Opening Arguments - OA504: Cosby Released in Nonsense Ruling
Purely speaking in legal terms, the Cosby release is even WORSE than you have likely heard. It's a complicated breakdown, but that's what Andrew is best at! Listen in to understand just how bewildering this ruling was. After that, Andrew gives us a very quick take on the Trump Org indictments.
Links: Cosby opinion, Saylor dissent, Section 3125 - Title 18, Rule 404 - Character Evidence, Commonwealth v. Stipetich
Strict Scrutiny - An Insult to History
With SCOTUS finishing in July, Leah recaps the end of the term (end of democracy?) cases, Brnovich and Americans for Prosperity, with law of democracy experts Wilfred Codrington and Rick Hasen.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Amarica's Constitution - Know the Nine You Will
The Supreme Court’s 2020-21 term is closing, and we are opening a window into the Court. We begin this multiple-episode series by looking closely at each Justice - specifically, their backgrounds and how their jurisprudence reflects influences from their past. Each Justice has their best and worst moments in Akhil’s eyes, and we discuss them. Also, Akhil has an important appearance coming up, so some background to that event is yours for the listening.
Opening Arguments - OA503: Finally! Consequences for Rudy Giuliani
If you've listened to this show long enough, you know that it is seemingly impossible to be dishonest and corrupt enough for the Bar to do something about it. Well, Rudy Giuliani found a way. The NY bar has slapped him down in a way that our esteemed Andrew Torrez has never seen before. Also, we've got an update on how Christian Healthshare Ministries are STILL a scam. Then, we talk about Cedar Point Nursery v. Hassid, in which the Court badly mangles eminent domain. Having just heard our deep dive in episode 500, you'll be able to spot how terrible this decision is as well! And, Andrew was right on Mahanoy v. BL!
SCOTUScast - Yellen v. Confederated Tribes of the Chehalis Reservation – Post-Decision SCOTUScast
On June 25th, 2021 the Supreme Court decided Yellen v. Confederated Tribes of Chehalis Reservation, a case which concerned whether Alaska native regional and village corporations established pursuant to the Alaska Native Claims Settlement Act “Indian Tribes” for purposes of the CARES Act. Justice Sonia Sotomayor authored the 5-4 majority opinion of the Court, which held that ANCs are “Indian tribe[s]” under ISDA and thus eligible for funding under Title V of the CARES Act. Justice Neil Gorsuch authored a dissenting opinion, joined by Justices Clarence Thomas and Elena Kagan, arguing that the plain language and construction of the ISDA suggest that ANCs are not “Indian tribes,” supported by analogy to another statute with “nearly identical language in remarkably similar contexts,” and that the majority overlooked the critical statutory word “recognized.”
With me today to discuss this case are Anthony Ferate, Of Counsel at Spencer Fan LLP, and Jennifer Weddle, Co-Chair of Greenberg Traurig’s American Indian Law practice.
With me today to discuss this case are Anthony Ferate, Of Counsel at Spencer Fan LLP, and Jennifer Weddle, Co-Chair of Greenberg Traurig’s American Indian Law practice.