September 27, 2016

Listen to the Episode

From The Official Website:

In this episode, we try something a little bit different. Instead of simply analyzing a case, we let you play the role of Supreme Court Justice working your way through a difficult case that is currently pending before the Court: Trinity Lutheran Church of Columbia, Inc. v. Pauley.

You’ll learn what kind of cases make their way to the Supreme Court, and, in this episode, take a look at the Petitioner’s brief seeking to overturn the lower court’s decision to deny Trinity Lutheran Church the opportunity to participate in a Missouri program that recycles tires into playground surfaces.

In our opening segment, we answer a listener question about age being a protected class. In our closing segment, “Closed Argument” returns with a Wyoming judge who’d like to remain a judge but not do her job. (That’s a bad thing.)

Be sure to turn in next week for Part 2 of “You Be The Supreme Court!” when we turn to the state’s case.

Show Notes & Links

  1. All of the briefs filed in Trinity Lutheran Church of Columbia, Inc. v. Pauley are online.
  2. The Petitioner’s opening brief can be found here.
  3. Here’s an NBC News story on Wyoming Judge Ruth Neely.
  4. And here’s the same story, but from the perspective of the WyomingTribuneEagle.

Law Talkin' Stuff

It's in the Constitution
Law Court Thingies
Magic Law Words






  • [00:00:00] Intro
  • [00:02:25] Listener Questions: Can businesses limit service to under 18s?
    • [00:04:07] How protected class cases work
    • [00:04:43] Age as a Protected Class
    • [00:08:37] 21 as a Drinking age
    • [00:10:16] Gun Ownership overreach?
    • [00:11:11] Smoking Laws
  • [00:14:40] Main Segment: Thomas Gets to be the Supreme Court
    • [00:16:33] Petition for Certiorari
    • [00:18:26] Trinity Lutheran Church of Columbia, Inc. v. Pauley
    • [00:22:24] Argument: Violates the Free Exercise Clause
    • [00:30:12] Argument: Violates the Equal Protection Clause
    • [00:40:00] Argument: Locke v. Davey
  • [00:51:00] Closed Arguments: Wyoming Judge faces removal for refusing to allow same-sex marriage
  • [00:55:07] Patron Thanks
  • [00:56:02] Hall of Fame Patrons
  • [00:56:36] Outro

(The time stamps above are derived from the audio provided on the official website; they may vary from audio without ads that are provided through the patreon feed.)

Follow up

  • Episode 17: You Be the Supreme Court, Part 2
  • Episode 18: You Be the Supreme Court, Part 3
  • Episode 82: The Supreme Court's decision in Trinity Lutheran v. Comer
  • Episode 85: Deep Dive into the Supreme Court's decision in Trinity Lutheran v. Comer
  • Episode 94: Discussion of Trinity Lutheran v. Comer
  • Episode 102: Trinity Lutheran v. Comer as precedent
  • Episode 108: Trinity Lutheran v. Comer's impact on FEMA relief