February 25, 2019


Listen to the Episode

Guest


From The Official Website:

Today’s episode takes a deep dive into the Bladensburg Cross case currently pending before the Supreme Court with special guest Sarah Henry of the American Humanist Association. You’ll learn that Andrew is going to speak at the AHA rally on Wednesday, February 27 right before oral arguments!

We bookend the interview with an Andrew Was Right segment about the recent Supreme Court ruling in Timbs v. Indiana first discussed back in Episode 234.

And on the back end, we briefly discuss Clarence Thomas’s bizarre and dangerous concurrence in McKee v. Cosby. Did Justice Thomas really call for the reversal of New York Times v. Sullivan? (Hint: yes, yes he did.)

After all that, it’s time for the answer to Thomas Takes The Bar Exam #115 about whether you can use facts contained in settlement negotiations.

Show Notes & Links

  1. Click here to check out the American Humanist Association.
  2. We first analyzed Timbs v. Indiana back in Episode 234.
  3. Click here to read Thomas’s concurrence in McKee v. Cosby., and here to brush up on the classic New York Times v. Sullivan.

Law Talkin' Stuff

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

Organizations

People

Topics


Content

  • [00:00:00] Intro
  • [00:03:00] Andrew Was Right: Timbs v. Indiana ruling
  • [00:07:10] Interview: Sarah Henry
    • [00:08:00] The history of the case
    • [00:11:00] Entanglement questions
    • [00:12:20] Lemon Test
    • [00:21:50] Rewriting of the facts
    • [00:24:50] Ideal outcome
  • [00:33:20] Post interview discussion
    • [00:34:50] Thomas' prediction
    • [00:40:10] The strength of the lemon test
  • [00:43:52] Clarence Thomas’s concurrence in McKee v. Cosby
  • [00:53:40] New Patron Tuesday
  • [00:55:35] Thomas Takes the Bar Exam: Personal injury - Statement of Compromise (answer)
  • [01:00:30] Outro

Follow up

  • Episode 274: Interview with Monica Miller, senior counsel with the American Humanist Association in the case
  • Episode 290: Bladensburg Cross case outcome
  • Episode 295: Interview with Monica Miller post outcome