October 11, 2016
Listen to the Episode
From The Official Website:
In this week’s episode, we return to our little role-playing experiment “You Be The Supreme Court,” using an actual case that is currently pending before the Court: Trinity Lutheran Church of Columbia, Inc. v. Pauley.
Last time, we went through 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. This week, we look at Missouri’s response and find out if the Petitioner’s case holds water.
In our weekly listener question segment, we answer a question from David in Kentucky, who wants to know why defendants don’t simply counterclaim against plaintiffs for attorneys’ fees. Andrew actually answers this question, and along the way provides some helpful distinctions between the American model and the so-called European model of civil lawsuits.
Finally, in our closing segment, “Closed Arguments” returns with a First Amendment lawsuit brought by (legal) teenage strippers who are ready to fight for their First Amendment rights. (Don’t worry, this episode is still safe for work.)
Be sure to turn in next week for Part 3 of “You Be The Supreme Court!” when Trinity gets another crack in their reply brief, and we’ll evaluate where things stand as this case goes before the Supreme Court this Fall Term!
Show Notes & Links
- All of the briefs filed in Trinity Lutheran Church of Columbia, Inc. v. Pauley are online.
- Respondent’s brief can be found here.
- This (totally safe for work, picture-free) article from Consumerist explains the stripper lawsuit.
Law Talkin' Stuff
It's in the Constitution
Lawsplaining
- Civil Rights Act (1964)
- Fair Labor Standards Act 29 U.S.C. § 203 (1938)
- Religious Freedom Restoration Act of 1993 42 U.S.C. § 2000bb through 42 U.S.C. § 2000bb-4
Law Court Thingies
- Church of the Lukumi Babalu Aye, Inc. v. Hialeah 508 U.S. 520 (1993)
- City of Boerne v. Flores 521 U.S. 507 (1997)
- Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. Amos 483 US 327 (1987)
- Department of Human Resources of Oregon v. Smith 494 U.S. 872 (1990)
- Gideon v. Wainwright 372 U.S. 335 (1963)
- Kitzmiller v. Dover Intelligent Design on Trial
- Locke v. Davey 540 U.S. 712 (2004)
- Obergefell v. Hodges 576 U.S. ___ (2015)
- Trinity Lutheran Church of Columbia, Inc. v. Pauley
Magic Law Words
People
References
- Chicken sacrifice
- Commentaries on the Laws of England by William Blackstone
- Lockean argument on the meaning of liberty
Topics
- Due Process Clause of the 14th Amendment
- Free Exercise Clause of the 1st Amendment
- Originalism
- Rational basis
- Strict scrutiny
Content
- [00:01:17] Intro
- [00:03:12] Listener Questions: Can the defense countersue for the cost of their legal defense?
- [00:13:55] Main Segment: The State of Missouri’s response to Trinity Lutheran Church of Columbia, Inc. v. Pauley
- [00:15:20] Definitions of applicable legal terms
- [00:17:20] Review of Plaintiff’s three major arguments
- [00:20:12] State of Missouri’s opening brief
- [00:20:50] Argument Part I, “Does not violate free exercise clause of 1st Amendment” (pages 5, 8)
- [00:26:40] Precedent cases
- [00:44:05] Conflation of free exercise and equal protection clauses
- [00:48:05] Argument Part II, “Does not violate equal protection clause 14th Amendment” (page 30)
- [00:51:20] Argument 2, “Suspect Classes” (page 35)
- [01:03:25] Closed Arguments: Stripper lawsuit
- [01:08:05] New Patron Tuesday
- [01:08:50] Patron Hall of Fame
- [01:09:52] Outro
Follow up
- Episode 18: You Be the Supreme Court, Part 3