Kate, Melissa, and Leah recap the arguments in United States v. Rahimi, the case about the constitutionality of gun regulations, featuring diss tracks by KBJ.
Liz and Andrew break down a ruling that was surprising to many - Judge Aileen Cannon, FSW, denying Trump's motion to postpone his trial. What does it really mean? Listen and find out! Then, the two break down Trump's litigation strategy (if you can call it that) in the E. Jean Carroll defamation lawsuit. In the Patreon bonus, the two discuss Donald Trump's plan to save America from sliding into authoritarianism! Notes Be sure to sign up for Liz's substack! Marcy Wheeler on Trump production https://www.emptywheel.net/2023/10/29/the-piles-of-chris-kise-bullshit-devlin-barrett-claims-to-believe/
If we are to take Donald J. Trump seriously (and at this stage it’s surely a fool’s errand not to), then the rule of law and democracy are on the line if (when) he becomes the Republican nominee for 2024. What role will the former President’s many many legal woes play in the coming months? A clearer picture is emerging after testimony for the prosecution wrapped in the civil fraud trial against Trump and his adult sons in their roles at the helm of the Trump Organization in New York City this past week. That picture is of a political candidate claiming to be the victim of an unprecedented legal witch hunt. In other words, as the trials proceed within the courts, a political trial is underway on the courtroom steps, at campaign stops, and in the media. On this week’s show, Dahlia Lithwick is joined by Professor Eric Posner, of the University of Chicago Law School, author of The Demagogue's Playbook: The Battle for American Democracy from the Founders to Trump, to discuss political trials - their history and their risks.
Next, Dahlia is joined by Madiba Dennie - attorney, columnist, professor, and deputy editor at Balls and Strikes - to recap oral arguments in United States v Rahimi, the big gun case considering whether adjudicated domestic abusers have a right to keep and bear arms.
In this week’s Amicus Plus segment, listeners will have access to an extended version of Dahlia’s interview with Madiba Dennie, analyzing whether election results are moving some of the justices away from the all you can eat originalism buffet.
In our 150th episode, we present the amicus brief in Moore v. United States, authored by Professor Amar with his brother, Professor Vikram Amar. Reminder: CLE credit is available after listening by going to podcast.njsba.com. The brief begins with the provocative statement that most other briefs in the case have missed the point? What is the point that they missed? We explain how their focus on the 16th amendment misses the basic constitutional questions which the Court answered back in 1796 in the Hylton v. US case. Who says so? Some guys named Washington and Hamilton, to start. And this Lincoln fellow agreed later. But everyone seems to have missed this. You won’t.
Melissa, Leah, and Kate recap cases the Supreme Court heard last week about whether government officials can block people on social media platforms. Do the justices actually understand how social media, or even the Internet, works? Unclear! Plus, a recap of the case over whether the phrase "Trump Too Small" can be trademarked. They also preview the upcoming second amendment case, United States v. Rahimi, which challenges a federal law prohibiting people subject to domestic violence restraining orders from possessing guns.
Today, Liz and Andrew welcome back Kel McClanahan to break down recent Classified Information Procedures Act ("CIPA") rulings in Donald Trump's cases in DC and Florida. What does it portend? Listen and find out!
Next week, the Supreme Court will hear arguments in one of the most significant—and potentially deadly—cases of the term - United States v Rahimi. The case, a follow on fromNew York State Rifle & Pistol Association Inc. v. Bruen, has the potential to weaponize the court’s Second Amendment extremism against victims of domestic abuse and protect adjudicated abusers. Dahlia Lithwick is joined by gun safety advocate Shannon Watts, founder of Moms Demand Action, to find out the potential real life-and-death consequences of pursuing originalism literally back to when women were property and muskets were muzzle-loaded. They also discuss why the right is so keen to pursue gun rights through the courts, rather than through the democratic process.
In this week’s Amicus Plus segment, Dahlia is joined by Jay Willis, editor in chief of Balls and Strikes, to discuss oral arguments in a pair of cases concerning First Amendment concerns when politicians block dissenting voices on social media, the Trump-related trademark t-shirt dispute that is barely SFW, and Justice Clarence Thomas’s personal luxury RV loan forgiveness program.
Liz and Andrew catch you up on all of Trump's travails, from the civil investigation in New York to the two federal cases in DC and Florida. Oh, and we also learn more about Halloween from our listeners!
In an entirely Trump-free show, Liz and Andrew break down the law of Halloween! Is it illegal to be a witch? Do you have to disclose your house is haunted before selling it? Can you sue Satan? And much, much more! NotesCharles West, Pope Leo of Bourges, Clerical Immunity and the Early Medieval Secular, in Early Medieval Europe (2021)
