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August 24, 2016


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In this episode, we wrap up the recent decision by the United States District Court for the Eastern District of Missouri dismissing a lawsuit brought by the Satanic Temple challenging several laws relating to getting an abortion in Missouri. Andrew tells you what “motions to dismiss” are, and Thomas proves that he knows more about the law than both the Attorney General of Texas AND a sitting federal judge in Missouri.

Our opening segment begins with another “Closed Arguments,” where we look at the aforementioned Texas Attorney general, Ken Paxton, who has decided to write an opinion letter on the Establishment Clause without referring to the one Supreme Court case that tells you how to interpret the Establishment clause! In our closing segment, we answer another listener question, this one from law student Jason Burkhead.

Show Notes & Links

  1. Andrew’s law firm blog post that explains the basics of standing.
  2. The Complaint filed by the Satanic Temple in federal court.
  3. The decision by the U.S. District Court for the Eastern District of Missouri dismissing the Satanic Temple’s lawsuit.
  4. Hemant Mehta’s discussion of the case on the Friendly Atheist blog.
  5. Attorney Marci Hamilton’s opinion that the case will be overturned on appeal.
  6. Roe v. Wade, 410 U.S. 113 (1973), 410 U.S. 113 (1973).
  7. The Courthouse News Service reported that the Texas Lt. Governor asked the state’s Attorney General, Ken Paxton, to issue an advisory opinionas to the legality of opening courtroom proceedings with a prayer.
  8. This is the text of Paxton’s letter, which is remarkably Lemon-free.

Law Talkin' Stuff

It's in the Constitution
Law Court Thingies

People


Content

  • [00:00:00] Intro
  • [00:01:47] Closed Arguments It is okay to pray in the court room?
    • [00:03:07] Ken Paxton's letter citing Town of Greece v. Galloway
    • [00:04:19] Establishment Clause and Lemon v. Kurtzman
  • [00:08:00] Main Segment What did the court do in this case?
    • [00:10:25] The decision from the judge
    • [00:16:20] Article 3, Section 2 of the Constitution
    • [00:22:26] The judge throws out the lawsuit for lack of standing
    • [00:23:40] Roe v. Wade
    • [00:28:35] Miller v. City of Saint Paul
    • [00:36:00] The Satanic Temple is appealing the ruling
  • [00:40:22] Listener Questions How can I be sued in another state if I don't live there?
  • [00:46:29] Patron Thanks
  • [00:48:00] Outro

Follow up

  • Links to future episodes that update information in this one.