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
- All of the briefs filed in Trinity Lutheran Church of Columbia, Inc. v. Pauley are online.
- The Petitioner’s opening brief can be found here.
- Here’s an NBC News story on Wyoming Judge Ruth Neely.
- And here’s the same story, but from the perspective of the WyomingTribuneEagle.
Law Talkin' Stuff
It's in the Constitution
- Blaine Amendment
- Equal Protection Clause
- First Amendment
- Fourteenth Amendment
- Free Exercise Clause
- Washington State Constitution
Law Court Thingies
- City of Cleburne v. Cleburne Living Center, Inc
- City of Hialeah v. Lukumi
- Employment Division v. Smith
- Locke v. Davey
- Obergefell v. Hodges
- Town of Greece v. Galloway
- Trinity Lutheran Church of Columbia, Inc v. Pauley
Magic Law Words
Organizations
- Alliance Defending Freedom
- Atheistically Speaking
- Eighth Circuit
- Trinity Lutheran Church of Columbia, Inc
People
References
Topics
Content
- [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