Category: 3-LawSometimeCommentary

The end of the term arrives, and the Court is busy.  We begin our dive into  the cases with Mahmoud v. Taylor, a case involving inclusive books in a school, parental guidance of religious education, opt-outs, advance notification, and issues of gender and sexual education.  Professor Amar goes beyond the case with an overall theory of religious accommodation; indeed, he goes beyond this into questions of parental rights and how it may interact with first amendment law.  We also have some announcements of future events.  And as always, CLE credit is available for lawyers and judges from podcast.njsba.com.

Hey folks, I'm taking a little time off! Hope you enjoy this SIO in the meantime. Thank you!

Part 1: The Legal Stuff

Dr. Jenessa Seymour is here to break down something that even our moms are spreading on social media: a group in New York claims to have uncovered discrepancies in the vote count for the 2024 election, and they're suing over it! Dr. Seymour hits ALL of the expert boxes for this one - statistics, voting rights, the law, and New York.

Want part 2 early? Head to Patreon.com/seriouspod!

Leah, Melissa and Kate roll up their sleeves and unpack last Friday’s huge day at the Court, starting with Mahmoud v. Taylor, the case that tested Sam Alito’s ability to comprehend picture books. They also break down the outcomes of cases involving age verification for adult entertainment and the nondelegation doctrine. If you missed last Friday’s emergency episode on the birthright citizenship case, you can find it here. 

Hosts’ favorite things:

• Melissa: Jackson and Sotomayor dissents (Mahmoud v. Taylor, Trump v. CASA, Inc.); Outrageous (BritBox); Dream Count, Chimamanda Ngozi Adichie
• Kate: Green-Wood Cemetery’s Living Dead, Paige Williams (New Yorker); Dying for Sex (FX on Hulu); Chris Hayes’ lecture at the Chautauqua Institution
• Leah: KBJ and Sotomayor dissents; The 21 Best Croissants in New York City Right Now, Mahira Rivers (NYT);  YELLOW, Washington, D.C.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 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

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The cataclysmic opinions from SCOTUS on Friday certainly suggest that the courts can no longer save us. In fact, in Trump v. CASA., we learned that it’s somehow not actually the job of the courts to save us from blatant violations of our rights. With universal injunctions drop-kicked and district court judges sidelined, it’s going to be nearly impossible to vindicate your rights in Trump’s America. No rights are safe when the only way to get relief is to sue the government yourself.

And yet in a definitely-not-planned-last-day-of-the-term-with-all-the-big-cases lineup, several other bad things happened as well. Hosts Dahlia Lithwick and Mark Joseph Stern discuss all of Friday's big decisions including Mahmoud v. Taylor, which will allow parents to opt-out of having to hear about LGBTQ+ people in schools. 

This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. The best way to support our work is by joining Slate Plus.

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We celebrate the 100th episode of the podcast with a special cross-over episode with Sarah Isgur at Advisory Opinions! Sarah, Will, and Dan break down today's blockbuster decision in Trump v. CASA, forbidding universal injunctions (and not saying much about birthright citizenship).

In an emergency episode, Leah, Kate, and Melissa break down today’s radical decision in Trump v. CASA, Inc., which gives this administration carte blanche to pursue its heinous agenda by curbing the judiciary’s ability to issue nationwide injunctions.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 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

Follow us on Instagram, Threads, and Bluesky

OA1170 - This Rapid Response Friday it’s Boh-vey (yes that is how you pronounce it, probably) all day--as in former Trump defense attorney and current Trump henchman Emil Bove, now up for a seat formerly occupied by Samuel Alito on the Third Circuit. Matt ties together several different stories from the news--from January 6th to the Eric Adams prosecution to DOJ’s deportations in violation of court orders--together with this week’s stunning 27-page account from deep inside the DOJ provided by a former loyalist.

Finally, in today’s footnote: a pro se plaintiff invents a completely new way for AI to be useless in the courtroom

• Government’s Motion to Clarify in D.H.S.. v. D.V.D.:  (filed shortly after we recorded on 6/27/25)

• The U.S. Supreme Court’s order in D.H.S. v. D.V.D. (6/23/25) 

• Day 1 of Emil Bove’s confirmation hearing (6/25/26)

• Letter filed by Government Accountability Project on behalf of Erez Reuveni (6/25/25)

• Oral arguments before New York’s First Appellate Division (3/26/25)(clip starts at 19:29)

• Federal magistrate Barbara Holmes’s detention review decision in U.S. v. Kilmar Abrego Garcia (6/22/25)

 

In this emergency episode, Melissa, Leah and Kate are joined by Alexis McGill Johnson, president and CEO of Planned Parenthood, to unpack today’s ruling in Medina v. Planned Parenthood South Atlantic. They talk about what this could mean for patients and the devastating ripple effect it will have across the country. Also covered: the rest of today’s opinions and the Court’s cruel shadow docket order on “third country removals.”

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 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

Follow us on Instagram, Threads, and Bluesky

We're joined by a special guest, Harvard Law Professor Stephen Sachs, to talk about Fuld v. Palestine Liberation Organization. Fuld is last week's big personal jurisdiction case, where the Court upheld federal laws extending jurisdiction to the PLO and PA for antiterrorism lawsuits. The author of several important articles on these issues and an amicus brief in Fuld, Steve gives us his take on the relationship between personal jurisdiction, international law and due process, and helps us evaluate the majority opinion and Justice Thomas's concurrence.

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