February 10, 2020
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Today’s EXTRA LONG episode breaks down the recent ratification of the Equal Rights Amendment (ERA) by the State of Virginia. Since that’s the 38th state (more than 3/4ths of the states), and the ERA also passed the Senate and the House of Representatives by more than 2/3 margin… does that mean that the ERA is now part of the Constitution? Listen and find out!
We begin by diving right in to the ERA, starting with a lengthy deep dive into the history of the Amendment dating back to the early 1970s… which might make you nostalgic for the Republicans of old.
Then, we talk about the complicated issues underlying the passage of the ERA, including the strange case of the 27th Amendment which lay dormant for two centuries before getting ratified by 3/4ths of the states in 1992. And if the 27th Amendment can lay dormant for more than 200 years, why can’t the ERA? Well… we’ll tell you some of the reasons why (and why not).
After that, it’s time to break down the Houston Astros cheating scandal, where we talk about our listeners’ favorite topic: baseball law! Even if you’re not a fan of baseball, we think you’ll enjoy our breakdown.
And after all that, it’s time for the answer to #T3BE 165 involving jury instructions. Can Thomas keep his winning streak going?? There’s only one way to find out!Show Notes & Links
- To catch up: We discussed Amendment 27 way back in Episode 11, and the Munsingwear doctrine in Episode 181.
- The Supreme Court last weighed in on the Equal Rights Amendment in 1982. The two cases we discuss in context are Dillon v. Gloss, 256 U.S. 368 (1921) and Coleman v. Miller, 307 U.S. 433 (1939).
- Baseball law references: Check out the story in the Athletic quoting Mike Fiers that started it all; this CBS article on how Tyler Glasnow “was tipping his pitches”; the results of the MLB investigation; and the MLB Constitution.
Law Talkin' Stuff
It's in the Constitution
Law Court Thingies
- Coleman v. Miller 307 U.S. 433 (1939)
- Dillon v. Gloss 256 U.S. 368 (1921)
- National Organization for Women v. Idaho 340 U.S. 36
Magic Law Words
Mentions
- Carlos Beltran
- Clayton Kershaw
- Intermediate scrutiny
- Mike Fiers
- Phyllis Schlafly
- The Eighteenth Amendment
- Tyler Glasnow
Organizations
Topics
Content
- [00:00:00] Opening Arguments: The Briefs on YouTube
- [00:01:00] Intro
- [00:04:00] The Equal Rights Amendment
- [00:06:00] Procedural History
- [00:14:50] The Equal Rights Amendment
- [00:19:35] Would any of these revocations be valid?
- [00:22:15] Munsingwear doctrine
- [00:23:25] 27th Amendment
- [00:28:51] Commercial
- [00:30:30] Is it an Amendment?
- [00:31:35] Dillon v. Gloss
- [00:37:35] Coleman v. Miller
- [00:47:55] Would the ERA change anything
- [00:53:08] Commercial
- [00:54:45] Baseball Law The Astros cheated
- [01:02:00] Tampa Bay Rays getting somebody out with deception
- [01:05:35] The splits
- [01:09:15] Andrew's story about his son Alex
- [01:13:00] The legal aspect
- [01:16:30] How the regulations interpret the constitution
- [01:20:10] Major League Baseball regulation 1-1
- [01:27:00] Congressional hearings
- [01:30:25] Would you rather
- [01:33:00] Patron Hall of Fame
- [01:40:35] Thomas Takes the Bar Exam
- [01:47:15] Outro
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