The Court’s decision in New York v. United States, 505 U.S. 144 (1992), held that the Constitution’s fundamental federal structure does not permit Congress to “directly . . . compel the States to require or prohibit [certain] acts.” In Septembe
On this episode we review the Court's recent decision in Buck v. Davis, wherein the Court considers whether Mr. Buck's trial counsel was constitutionally ineffective for knowingly presenting an “expert” who testified that Mr. Buck was more like
On this episode, we review the oral arguments last week in Lee v. Tam. Section 2(a) of the Lanham Act, 15 U.S.C. 1052(a), provides that no trademark shall be refused registration on account of its nature unless, inter alia, it "[c]onsists of .
On this episode we consider a delay granted by the Court in Gloucester County School Board v. G.G., a case which the Supreme Court was expected to hear this Term concerning whether states are bound by a Department of Education interpretation of
On this episode we review the Court's recent grant of review to the case of Los Angeles County v. Mendez, which considers the merits of the Ninth Circuit's application of its "Provocation Rule" and whether that rule conflicts with Supreme Court
Whether it violates the Eighth Amendment and this Court’s decisions in Hall v. Florida and Atkins v. Virginia to prohibit the use of current medical standards on intellectual disability, and require the use of outdated medical standards, in det
On this episode, we review the Court's recent grant of review to Gloucester County School Board v. G.G., which considers whether courts should extend deference to an unpublished agency letter that requires publicly funded schools to "treat tran
On this episode we discuss a case to be heard in oral arguments this week concerning a rule of evidence that prohibits the introduction of juror testimony regarding statements made during deliberations when offered to challenge the jury’s verdi
This term the Court considers the case of Lee v. Tam, which considers whether Section 2(a) of the Lanham Act, 15 U.S.C. 1052(a), is constitutional. Section 2(a) prohibits the registration of a trademark that “may disparage ... persons, living o
On this episode we review the Court's decision in McDonnell v. United States, which considers whether a former Virginia Governor Robert McDonnell was given a fair trial when he was convicted under the federal bribery statute (18 U. S. C. §201),
On this episode, we review the Court's decision this week in Whole Woman’s Health v. Cole, which considered whether a Texas law that had the effect of closing half of the abortion clinics in the state constituted “[u]nnecessary health regulatio
On this episode we review the Court's decision in Birchfield v. North Dakota, which considered whether in the absence of a warrant, a State may make it a crime for a person to refuse to take a chemical test to detect the presence of alcohol in
This case concerns nearly $2 billion of bonds in which Bank Markazi, the Central Bank of Iran, held an interest in Europe as part of its foreign currency reserves. Plaintiffs, who hold default judgments against Iran, tried to seize the assets.
On this episode, we review the Court's oral arguments in United States v. Texas, which considers whether a State has Article III standing and a justiciable cause of action under the Administrative Procedure Act (APA), 5 U.S.C. § 500 et seq., to
On this episode we review the Court's decision in Heffernan v. Paterson, N.J., which considered whether the First Amendment bars the government from demoting a public employee based on a supervisor's perception that the employee supports a poli
On this episode, we review the oral arguments this week in three consolidated cases, known as Birchfield v. North Dakota, in which the Court considers whether in the absence of a warrant, a State may make it a crime for a person to refuse to ta
On this episode we review the Court's opinion this week in California Franchise Tax Board v. Hyatt, which considers whether the Constitution permits a Nevada Court to apply a rule of Nevada law that awards damages against California that are gr
On this episode, we review the Court's decision this week in Caetano v. Massachusetts, wherein a women in Massachusetts was convicted of violating a Massachusetts' statute outlawing the possession of stun guns, which she carried for purposes of
On this episode, we review the Court's opinion in V.L. v. E.L., which considered the question of whether the Full Faith and Credit Clause permits a court to deny recognition to an adoption judgment previously issued by a court from a sister sta
On this episode, we review the court's opinion in Wearry v. Cain, which considers whether the Louisiana courts erred in failing to find that the State’s failure to disclose exculpatory evidence violated its obligation under Brady v. Maryland an
On this episode, we review the oral arguments in Whole Woman’s Health v. Cole, which considers the constitutionality of a Texas law that requires a physician performing an abortion to have admitting privileges at a hospital within thirty miles
On this episode, we review the case of Williams v. Pennsylvania, heard in oral argument this week. In Williams the Court is asked to determine whether the Eighth and Fourteenth Amendments violated where the presiding Chief Justice of a State Su
On this episode we review the Court's oral arguments in Utah v. Strieff, in which the Court is asked whether evidence seized incident to a lawful arrest on an outstanding warrant be suppressed because the warrant was discovered during an invest
On this episode we review the oral arguments this week in Taylor v. United States, which considers whether, in a federal criminal prosecution under the Hobbs Act, 18 U.S.C. §1951, the Government is relieved of proving beyond a reasonable doubt
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