BONUS: SCOTUS Crusades

04/30/21 • 24 min

In this bonus episode, the ladies discuss the Supreme Court’s recent opinions and dissents related to juvenile life sentences, disputes between states, and immigration proceedings. Plus, stay tuned for “Name that dissent!”

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Please subscribe, leave us a review, and share with your friends!

Send comments, questions, or ideas for future episodes to [email protected]

Hosted on Acast. See acast.com/privacy for more information.

Previous Episode

Don't Call It a Comeback

For much of our nation’s history, courts asked whether government physically intruded on property to determine if it violated the Fourth Amendment’s prohibition on unreasonable searches and seizures. The Supreme Court later adopted a standard looking at whether the government violated an individual’s “reasonable expectation of privacy.” But in recent years, the property-based approach has been making a comeback, most recently in Justice Neil Gorsuch’s dissent in Carpenter v. United States. Will the property-based approach knock out the reasonable expectation of privacy test? Tune in to find out!

Special thanks to guests Orin Kerr, James, Stern, and Jamil Jaffer.

Send comments, questions, or ideas for future episodes to [email protected]

Hosted on Acast. See acast.com/privacy for more information.

Next Episode

The King Can Do No Wrong

42 U.S. Code § 1983, one of our nation’s most important civil rights statutes, offers plaintiffs a way to seek damages against state officials in federal courts. But in Pierson v. Ray, the Supreme Court created a defense under Section 1983, called qualified immunity, even if officials do in fact violate people’s rights. In his dissent, Justice Douglas called the doctrine “a more sophisticated manner of saying ‘The King can do no wrong.’” He was talking about immunity for judges, but his dissent was prescient when it comes to how qualified immunity prevents us from holding police officers accountable today.

In this episode, the ladies take listeners through the long, twisted journey of qualified immunity. Over the years it would turn out Justice Douglas was right.... just about the wrong thing.

Special thanks to guests Joanna Schwartz and Clark Neily.

Send comments, questions, or ideas for future episodes to [email protected]

Hosted on Acast. See acast.com/privacy for more information.