In a U.S. Supreme Court opinion written between the passage of the 14th Amendment and when the Court started “incorporating” the Bill of Rights against the states, the Court upheld the conviction and $10 fine against Herman Presser. Presser had

The Law episode 82: Jacobson v. Massachusetts

Aug 14th, 2020 36m 9s

What is the extent of government authority to “protect” the common good during a public health crisis? Earlier this year, the United States Supreme Court denied a California church’s request to stop the enforcement of certain public health rule

The Law episode 81: Bostock v. Clayton County

Aug 7th, 2020 28m 58s

Earlier this year, the Supreme Court of the United States — in a 6-3 decision in the case of Bostock v. Clayton County — held that homosexual and transgender people are protected from employment discrimination under the Civil Rights Act of 1964

The Law episode 80: Chiafalo v. Washington

Jul 30th, 2020 35m 43s

In the conclusion to the rogue elector saga we have been following, the Supreme Court applied what I refer to as the “Erosion Doctrine” to unanimously hold that states can turn their presidential electors into mere rubber stamps, thus depriving

The Law episode 79: Ramos v. Louisiana

Jul 24th, 2020 35m 56s

Earlier this year, SCOTUS overturned precedent by a 6-3 margin and held that states cannot convict someone of a criminal offense unless the jury verdict is unanimous. Evangelisto Ramos had been convicted by a 10-2 verdict and sentenced to life

The Law episode 78: RNC v. DNC

Apr 19th, 2020 24m 33s

Earlier this month, the U.S. Supreme Court, in a controversial 5-4 decision, overruled a lower court order expanding Wisconsin statutory deadlines for submitting mail-in ballots due to the state government’s response to the Coronavirus. The fiv

The Law episode 77: South Dakota v. Dole

Apr 11th, 2020 41m 11s

I could drink, legally, during my freshman year of college, but not my sophomore year. Then I was legal again my junior year. Why? Because of the National Minimum Drinking Age Act of 1984. What authority does Congress have to set the drinking a

The Law episode 76: Allen v. Cooper

Apr 4th, 2020 37m 34s

Pirates! Blackbeard! Queen Anne’s Revenge! Sovereign immunity! Enumerated powers! And, sexiest of all, copyright law! Stare decisis and legislative history, and separation of powers, too. The U.S. Supreme Court, just two weeks ago, dealt with t

The Law episode 75: Ex parte Milligan

Mar 27th, 2020 45m 11s

During the Civil War, Lambdin Milligan, a citizen of Indiana, was arrested, tried, convicted, and sentenced by a military tribunal to hang for alleged anti-Union activities. He argued his conviction was illegal and sought a writ of Habeas Corpu

The Law episode 74: Bad Elk v. US

Mar 20th, 2020 33m 34s

In 1899, in a story that could have been an episode of Gunsmoke or Bonanza, tribal police officer John Bad Elk shot and killed another tribal officer who was attempting to arrest him. Bad Elk was convicted and sentenced to be hanged. The U.S. S

The Law episode 73: Miller v. Wyoming

Mar 12th, 2020 31m 18s

In November, 2013, Robert Miller was driving through Wyoming on his way to his home in Illinois. During a traffic stop, a state trooper discovered $470,040 in cash in his car. And took it. Just last week, the Wyoming State Supreme Court ruled u

The Law episode 72: Texas v. Johnson

Mar 6th, 2020 36m 1s

In this 5-4 1989 decision, the U.S. Supreme Court held that burning an American flag was speech the government could not punish pursuant to the First Amendment. Gregory Johnson, a member of the Revolutionary Communist Youth Brigade, participate

The Law episode 71: U.S. v. Nixon

Feb 27th, 2020 32m 20s

In this unanimous decision, the Supreme Court rejected President Nixon’s contention that all communication involving the Chief Executive of the United States—which just happened to be him—was immune from production in a criminal investigation.

The Law episode 70: West Coast Hotel v. Parrish

Feb 20th, 2020 37m 46s

This is the U.S. Supreme Court case that ended the Lochner era of jurisprudence. It is allegedly the “switch in time that saved nine,” a reference to the Court abruptly changing course shortly after FDR announced his court packing plan. Justice

Speakeasy Today #60: “I Feel…” and the Rejection of Reason

Feb 13th, 2020 41m 44s

The post Speakeasy Today #60: “I Feel…” and the Rejection of Reason appeared first on Speakeasy Ideas.

The Law episode 69: Blumenthal v. Trump

Feb 13th, 2020 23m 10s

Just this week, a unanimous D.C. Circuit Court of Appeals threw out a lawsuit filed by over 200 members of Congress alleging Donald Trump is in violation of the Emoluments Clause of the Constitution. The court held the members of Congress did n

The Law episode 68: Lochner v. NY

Feb 6th, 2020 26m 20s

This 5-4 Supreme Court decision—which struck down a state regulation that made it a crime to allow an employee to work more than 60 hours a week as a violation of an individual’s liberty to contract—is largely ridiculed in law schools today and

Speakeasy Today #59: How Lessons From The Past Are Relevant Today

Feb 5th, 2020 45m 21s

The post Speakeasy Today #59: How Lessons From The Past Are Relevant Today appeared first on Speakeasy Ideas.

The Law episode 67: The Death Penalty

Jan 30th, 2020 18m 3s

The death penalty is back in the news this week as the Colorado General Assembly considers a bill to ban the punishment. Nationwide, the practice is on the decline. While the concept of a death penalty is constitutional, is it a good idea? Shou

The Law episode 66: Juliana v. US (9th Cir. 2020)

Jan 23rd, 2020 31m

Just last week, in a 2-1 decision, the 9th Circuit correctly tossed out the “climate kids’” lawsuit seeking a judicial order requiring the executive and legislative branches to design and implement policy the plaintiffs had been unable to convi

The Law episode 65: “A Republic, If You Can Keep It” by Neil Gorsuch

Jan 17th, 2020 39m 5s

United States Supreme Court Associate Justice Neil Gorsuch’s book, A Republic, If You Can Keep It, attempts to explain to non-lawyers the importance of the constitutional framework of our federal government. And he succeeds. He discusses how th

The Law episode 64: Texas v. U.S.

Jan 9th, 2020 30m

Just last month, the Fifth Circuit upheld a lower court ruling that the individual mandate portion of the Affordable Care Act (Obamacare) is no longer constitutional. Despite wailing from some who support the ACA, the 5th Circuit is correct. Th

The Law episode 63: Legal Lessons from Richard Jewell

Jan 3rd, 2020 47m 6s

The recent movie directed by Clint Eastwood, Richard Jewell, dramatizes the actual events surrounding a pipe bomb explosion during the 1996 Atlanta Olympics. When I first saw the trailer for the movie, I was yelling at the screen “DON’T TALK TO