June 30, 2018


Listen to the Episode


From The Official Website:

Today’s Bonus Episode asks if there’s a way to make sense of the Supreme Court’s Lukumi jurisprudence in light of this week’s rulings in Trump v. Hawaii (the Travel Ban), Masterpiece Cakeshop, and the somewhat surprising decision to remand the Arlene’s Flowers case back to the state of Washington.

We begin, however, by checking in with the Southern District of New York’s Order approving the Taint Team’s review of documents seized from Michael Cohen’s offices by the Department of Justice. How many documents did the Team recommend the Court withhold as privileged? The answer may surprise you!

After that, we revisit the thesis advanced by Andrew Seidel in Episode 180 that the Supreme Court’s decision in Masterpiece Cakeshop might result in a more vigorous application of its 1993 decision in Church of the Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520 (1993).

Next, we break down the Supreme Court’s 5-4 decision in NIFLA v. Becerra, in which the Court struck down a California law regulating so-called “crisis pregnancy centers.”

After all that, we end with an all new Thomas Takes The Bar Exam #82 involving the legality of a search for heroin.

Show Notes & Links

  1. Check out the Southern District of New York’s Order regarding Cohen’s meager haul of privileged documents.
  2. Andrew Seidel set forth his “Lukumi bar” thesis in Episode 180; you can read Church of the Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520 (1993) for yourself and then compare it with both Trump v. Hawaii and Masterpiece Cakeshop.
  3. We discussed Planned Parenthood v. Casey at length in a two-part series: Episode 27 and Episode 28; you might want to compare the statute approved in that case with the one struck down by the Court in NIFLA v. Becerra.

Law Talkin' Stuff

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

Organizations

People

References

Topics


Content

  • [00:00:00] Intro
  • [00:02:45] Yodel Mountain: Cohen Trial Taint Team
  • [00:09:11] B Segment: Travel Ban & the Lukumi Bar (Andrew Was Right)
    • [00:18:13] Masterpiece Cakeshop & demonstrable animus
    • [00:31:20] Left Wing Judicial Activism
  • [00:36:48] Commercial
  • [00:38:41] Game Over: NIFLA v. Becerra - The FACT Act vs Crisis Pregnancy Centers
    • [00:48:18] Purely Factual vs Controversial Opinions
  • [00:52:10] Patron Hall of Fame
  • [00:57:39] Thomas Takes The Bar Exam: Legality of Search and Seizure (question)
  • [00:00:00] 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.)