In this episode, we look at a recent lawsuit filed by the notorious Satanic Temple challenging abortion restrictions in the state of Missouri. In the main segment, Andrew tells you how to read a Complaint, and Thomas offers advice to the Satanic Temple’s lawyers about which arguments are more persuasive to him. Our opening segment … Continue reading OA7: You Won’t Have the Satanic Temple to Kick Around Any More, Part 1 →
In this week’s episode, Andrew sits down in the interviewer’s chair and talks with Chris Kristofco, another real lawyer and the lead editor at Title Town Sound Off, a Green Bay Packers fan site. If you’ve been following the NFL’s investigation into alleged performance enhancing drugs use by several of its star players, you’ll enjoy … Continue reading OA6: The Pending NFL Apocalypse (with Chris Kristofco) →
Finally wrapping up their four-part discussion of the 2000 U.S. Presidential election, Andrew and Thomas follow the Gore campaign’s lawsuit as it goes to the Supreme Court. How legitimate is Bush v. Gore? Does it hold water? Find out in this episode. Show Notes & Links The Supreme Court’s decision in Bush v. Gore, 531 U.S. … Continue reading OA5: Bush v. Gore and the 2000 Election, Part 4 →
Continuing our discussion from OA3, Andrew lays the background for the most tumultuous Presidential election in modern American history, discussing the politics, history, and the legal background that led us to Bush v. Gore. Show Notes and Links Pres. Bill Clinton’s approval ratings, 1999-2000. Voting history for West Virginia, once a reliable Democratic stronghold. A … Continue reading OA4: The 2000 Election (#NeverForget), Part 3 →
Andrew and Thomas continue their discussion of the 2000 U.S. Presidential election, moving from resurrecting long-dead jokes about “hanging chads” to explaining how the legal challenge that could determine the Presidency began in a tiny county courthouse in Florida. Show Notes & Links The Supreme Court’s decision in Bush v. Gore, 531 U.S. 98 (2000). Palm … Continue reading OA3: The 2000 Election (#NeverForget), Part 2 →
On the last episode of Atheistically Speaking with Andrew Torrez (AS259), Andrew teased us with the promise that he’d be back to discuss what really happened back in the 2000 U.S. Presidential election (and promised that it might have something to do with our current Presidential election)! Well, Andrew’s back, and in Part 1, he and I … Continue reading OA2: The 2000 Election (#NeverForget), Part 1 →
In this introductory pre-episode, Thomas and Andrew talk about their backgrounds and their vision for the show. We also preview our upcoming show segments and topics, tell you how to get in touch with us, and talk a little bit about how the show got started. Segments Listener Questions: We field a question from Eric … Continue reading OA1: “The Story Begins” – Introducing the Show & Segments →
On April 20, 2016, the Supreme Court decided Harris v. Arizona Independent Redistricting Commission. In 2012, the Arizona Independent Redistricting Commission redrew the map for the state legislative districts based on the results of the 2010 census. Wesley Harris and other individual voters sued the Commission and alleged that the newly redrawn districts were underpopulated in Democratic-leaning districts and over-populated in Republican-leaning ones and that the Commission had, therefore, violated the Equal Protection Clause of the Fourteenth Amendment. The Commission countered that the population deviations were the result of attempts to comply with the Voting Rights Act. A three-judge district court ruled in favor of the Commission. -- On appeal, the Supreme Court affirmed the judgment of the district court by a vote of 8-0. Justice Breyer delivered the opinion for a unanimous Court, which held that the federal district court did not err in upholding Arizona's redistricting plan. The challengers failed to demonstrate, the Court explained, that illegitimate considerations more likely than not were the predominant motivation for the plan's population deviations. -- To discuss the case, we have Mark F. “Thor” Hearne, II, who is Partner at Arent Fox LLP.
On June 23, 2016, the Supreme Court decided Mathis v. United States. The Armed Career Criminal Act (ACCA) imposes a 15-year mandatory minimum sentence on a defendant convicted of being a felon in possession of a firearm who also has three prior state or federal convictions “for a violent felony,” including “burglary, arson, or extortion.” To determine whether a prior conviction is for one of those listed crimes, courts apply a “categorical approach”—they ask whether the elements of the offense forming the basis for the conviction sufficiently match the elements of the generic (or commonly understood) version of the enumerated crime. -- Here, petitioner Richard Mathis pleaded guilty to being a felon in possession of a firearm. Because he had five prior Iowa burglary convictions, the Government argued for the 15-year minimum. Generic burglary requires unlawful entry into a “building or other structure.” The Iowa statute under which Mathis was convicted, however, also extended to “any... land, water, or air vehicle.” The District Court determined based on the case record that Mathis had burgled structures and imposed the 15-year ACCA minimum. The U.S Court of Appeals for the Eighth Circuit affirmed. -- By a vote of 5-3, the Supreme Court reversed the judgment of the Eighth Circuit. Justice Kagan delivered the opinion of the Court, which held that because the elements of Iowa’s burglary law – which applies to “any building, structure, [or] land, water, or air vehicle” – were broader than those of generic burglary, Mathis’ prior convictions under the Iowa burglary law could not give rise to an ACCA sentence. Justice Kagan’s majority opinion was joined by the Chief Justice and Justices Kennedy, Thomas, and Sotomayor. Justice Kennedy also filed a concurring opinion. Justice Thomas filed a concurring opinion. Justice Breyer filed a dissenting opinion, in which Justice Ginsburg joined. Justice Alito also filed a dissenting opinion. -- To discuss the case, we have Richard E. Myers II, who is Henry Brandis Distinguished Professor of Law at University of North Carolina School of Law.
On June 23, 2016, the Supreme Court decided Dollar General Corporation v. Mississippi Band of Choctaw Indians. This case concerns a dispute over tribal court jurisdiction relating to allegations that the non-Indian manager of a Dollar General store on Choctaw tribal land sexually molested an Indian minor who interned at the store. When the minor’s parents sought to hold Dolgencorp--the subsidiary that operated the store--vicariously liable for the manager’s conduct, Dolgencorp petitioned in federal district court for an injunction barring tribal court proceedings, on the grounds that the tribal court lacked jurisdiction. The district court denied relief, concluding that while tribal courts typically lack civil authority over the conduct of non-members on non-Indian land within a reservation, Dolgencorp’s situation fell within a “consensual relationship” exception to the rule. The U.S. Court of Appeals for the Fifth Circuit affirmed, and denied rehearing en banc over the dissent of five judges. -- The question before the Supreme Court was whether Indian tribal courts have jurisdiction to adjudicate civil tort claims against non-members, including as a means of regulating the conduct of non-members who enter into consensual relationships with a tribe or its members. -- In a per curiam opinion, the judgement of the Fifth Circuit was affirmed by an equally divided court. -- To discuss the case, we have Zachary Price, who is Associate Professor of Law at University of California, Hastings College of Law.
