Tag Archives: SCOTUS

How to Read a SCOTUS Opinion Ep. 93

In this episode, I welcome any new listeners and go back to basics by teaching everyone how I read SCOTUS opinions. For demonstration purposes, I use Castle Rock v. Gonzales (2005), a case that I’ve worked with in several episodes of the podcast.

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Show Notes:

Castle Rock v. Gonzales, 545 U.S. 748 (2005)

How to Read a US Supreme Court Opinion (American Bar Association)

Non-State Solutions to Domestic Violence Ep. 55 ft. Trey Weaver

 

SCOTUS Whiffs on Masterpiece Cake Ruling Ep. 80

The Supreme Court handed down a very dissatisfying ruling in the Masterpiece case on Monday, holding in a 7-2 opinion that: “[t]he Colorado Civil Rights Commission’s actions in assessing a cakeshop owner’s reasons for declining to make a cake for a same-sex couple’s wedding celebration violated the free exercise clause.” This ruling, which was narrow in scope, failed to decide the fundamental issue in the case, which had more to do with compelled speech than free exercise. Of course, we libertarians understand that the real fundamental issue here is property rights, and neither compelled speech nor free exercise.

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Show Notes:

SCOTUSblog: Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission

Opinion analysis: Court rules (narrowly) for baker in same-sex-wedding-cake case [Updated]

The SCOTUS Decision

Masterpiece’s Reply Brief

Symposium: Anti-discrimination laws do not compel commercial-merchant speech (an opposing view)

Citing Tenth Amendment, SCOTUS Strikes Down Federal Sports Gambling Law Ep. 74

Further cementing what has come to be known as the “anti commandeering doctrine,” the Supreme Court ruled that: “Provisions of the Professional and Amateur Sports Protection Act that prohibit state authorization and licensing of sports gambling schemes violate the Constitution[.]” Although SCOTUS is no friend to liberty, and cannot be counted on to limit federal power, this decision is a win for state’s rights.

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Show Notes:

SCOTUS Blog Docket for Murphy v. NCAA

Amy Howe: Opinion Analysis for Murphy v. NCAA (SCOTUS Blog)

Mike Maharrey: Supreme Court’s Sports Gambling Opinion is a Rare and Major Win for the Tenth Amendment

Murphy v. NCAA Supreme Court Opinion

Erwin Chemerinsky: Constitutional Law Principles and Policies (Student Treatise) (Amazon Affiliate Link)

SCOTUS Rules Police Can “Shoot First, Ask Questions Later” Ep. 64

On Monday the SCOTUS dismissed (without briefing or oral arguments) an excessive force case stemming from a 2010 incident where Respondent, Amy Hughes was shot four times by Arizona Police officer Andrew Kisela. In her dissent, Justice Sotomayor stated this precedent means police can “shoot first” and “ask questions later.” In this episode I walk us through the Court’s decision and explain the legal rules at play.

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Show Notes:

Jury Nullification on the Liberty Weekly Podcast

New York Times: Supreme Court Rules for Police Officer in Excessive Force Case

SCOTUS Blog: Justices Grant One New Case, Summarily Reverse In Excessive-Force Case

Repeal the Second Amendment?! Ep. 63

In the wake of the March for Our Lives protest, former Supreme Court Justice John Paul Stevens wrote an op-ed in the New York Times calling for the repeal of the Second Amendment. To give context to his statement, I review the Supreme Court’s decision in the Heller Case and outline the gun control debate.

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Show Notes:

Stevens’ NYT Op-Ed

Justice Stevens’ Oyez Profile

Oyez’s Heller Recap

DISTRICT OF COLUMBIA v. HELLER

Liberation Library Ep. 3: The Truth About Judicial Review

Liberty Weekly and the Constitution of No Authority Ep. 28