Why does Russia find NATO so deeply offensive? Tom Nichols says it comes down to something quite human. NATO represents all of the successes that Russia couldn’t quite manage to achieve: “Part of the reason Russians hate NATO is because Russia just doesn’t have any friends in the world.” Nichols is a professor of national security affairs at the U.S. Naval War College. He’ll be back on the show soon to discuss his new book, The Death of Expertise: The Campaign Against Established Knowledge and Why It Matters.
In the Spiel, there was some damn fine inquiry on the Senate Intelligence Committee on Thursday.
Republicans flirt with Trumpcare 2.0, Trump flirts with a government shutdown, and no one knows what the hell is going on with Nunes. Then, David Axelrod joins Jon and Dan to give advice to Democrats and Donald Trump.
This week Ecuador could remove President Correa from office. What might that mean for the country? And why are we fighting the same old fights over free trade? Mary Anastasia O'Grady of the Wall Street Journal comments.
It’s been a wet winter across Northern California this year, and that means a bounty of mushrooms. Get ready for a lesson in fungi from KQED Science reporter Lesley McClurg.
Reported by Lesley McClurg. Bay Curious is Olivia Allen-Price, Vinnee Tong, Paul Lancour, Suzie Racho, Jessica Placzek and Julia McEvoy. Vice President for News is Holly Kernan. Theme music by Pat Mesiti-Miller.
Ask us a question at BayCurious.org.
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On February 27, 2017, the Supreme Court heard oral argument in Packingham v. North Carolina. Lester Packingham was convicted in 2002 of taking “indecent liberties” with a minor in violation of North Carolina law, and sentenced to prison time followed by supervised release. In 2010, he was arrested after authorities came across a post on his Facebook profile--which he had set up using an alias--in which he thanked God for having a parking ticket dismissed. Packingham was charged with, and convicted of, violating a North Carolina law that restricted the access of convicted sex offenders to “commercial social networking” websites. -- Packingham challenged his conviction on First Amendment grounds, arguing that the North Carolina statute unlawfully restricted his freedom of speech and association, but the Supreme Court of North Carolina ultimately rejected his claim. The website access restriction, the Court concluded, was a content-neutral, conduct-based regulation that only incidentally burdened Packingham’s speech, was narrowly tailored to serve a substantial governmental interest, and left open ample alternative channels of communication. -- The question before the U.S. Supreme Court is whether, under the Court’s First Amendment precedents, a law that makes it a felony for any person on the state's registry of former sex offenders to “access” a website that enables communication, expression, and the exchange of information among users--if the site is “know[n]” to allow minors to have accounts--is permissible on its face and as applied to Packingham. -- To discuss the case, we have Ilya Shapiro, who is Senior Fellow in Constitutional Studies at the Cato Institute.
On February 21, 2017, the Supreme Court heard oral argument in McLane Co. v. EEOC. Damiana Ochoa worked for McLane Company, a supply chain company. After returning from maternity leave, Ochoa was required to take a “physical abilities” test, which she failed three times. Ochoa was fired by McLane but then filed a charge with the Equal Employment Opportunity Commission (EEOC) alleging that McLane violated Title VII of the Civil Rights Act of 1964. The EEOC opened up an investigation and issued a subpoena for information McLane withheld, including either “pedigree information” for each test-taker or reasons the test-taker’s employment was terminated. When McLane refused, EEOC filed a subpoena enforcement action. The district court granted enforcement of the subpoena with respect to some information (such as the gender and score of each test taker) but declined to require the production of pedigree information or the reasons why others who had failed the test were terminated. The U.S. Court of Appeals for the Ninth Circuit, reviewing the district court’s decision “de novo,” held that the district court had erred in refusing to compel production of the pedigree information, and also needed to consider whether production of the reasons for other terminations would be unduly burdensome. -- The question before the U.S. Supreme Court is whether a district court’s decision to quash or enforce an EEOC subpoena should be reviewed de novo, which only the Ninth Circuit does, or should be reviewed deferentially, which eight other circuits do. -- To discuss the case, we have Karen Harned, who is Executive Director of the National Federation of Independent Business Small Business Legal Center.
On February 21, 2017, the Supreme Court heard oral argument in Hernandez v. Mesa. In 2010, Sergio Adrian Hernandez Guereca, a fifteen-year-old Mexican national, died after being shot near the border between El Paso, Texas and Juarez, Mexico by Jesus Mesa, Jr., a U.S. Border Patrol Agent. Hernandez’s parents, who contend that their son was on Mexican soil at the time of the shooting, sued Mesa in federal district court in Texas, alleging violations of the Fourth and Fifth Amendments. After hearing the case en banc, the U.S. Court of Appeals for the Fifth Circuit ultimately ruled in favor of Mesa, concluding that Hernandez could not assert a Fourth Amendment claim and that Mesa was entitled to qualified immunity on the parents’ Fifth Amendment claim. -- There are three questions now before the Supreme Court: (1) whether a formalist or functionalist analysis governs the extraterritorial application of the Fourth Amendment’s prohibition on unjustified deadly force, as applied to a cross-border shooting of an unarmed Mexican citizen in an enclosed area controlled by the United States; (2) whether qualified immunity may be granted or denied based on facts – such as the victim’s legal status – unknown to the officer at the time of the incident; and (3) whether the claim in this case may be asserted under Bivens v. Six Unknown Federal Narcotics Agents. -- To discuss the case, we have Steven Giaier, who is Senior Counsel for the House Committee on Homeland Security.
Since her debut in 2002, Norah Jones has sold over 50 million albums, and won 8 Grammys. She released Day Breaks, her sixth album, in 2016. In this episode, she takes apart the title track and details how all the pieces unexpectedly came together. You’ll hear her original demo for the song and how it was transformed in the studio, including a session with jazz saxophone legend Wayne Shorter. Plus, a few thoughts from Norah’s co-producer and longtime collaborator Sarah Oda.
Yeah, that excitement didn't last too long. I was scheduled to speak to Dave Rubin at Mythinformation in Milwaukee in September, but despite everything having been agreed to and announced, Dave dropped out due to a previously overlooked scheduling conflict. In light of that, I share some thoughts on what happened, what I tried to do in response, and what the result was. I also looked back through Dave's guest history at his alleged "liberals" he has interviewed to see whether I haven't given him enough credit for hearing opposing views. The answer may, or may not, shock you. After that it's more bad news... I researched the senate races in 2018 and the results are... problematic. Find out just how problematic, and whether there is any hope to hold onto in terms of finally getting some accountability in the Trump presidency. Leave us a Voicemail: (916) 750-4746! Support us on Patreon at: patreon.com/seriouspod Follow us on Twitter: @seriouspod Facebook: https://www.facebook.com/seriouspod For comments, email thomas@seriouspod.com Questions, Suggestions, Episode ideas? email: haeley@seriouspod.com
Our resident debunker of nonsense, Maria Konnikova, returns to take on the billion-dollar homeopathy industry. Why aren’t homeopathic remedies regulated in the United States? And what can their dubious history tell us about their effectiveness? Maria Konnikova is a contributing writer at the New Yorkerand the author of The Confidence Game.
In the Spiel, watching CNN go haywire for a pretty banal accident on Capitol Hill.
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