July 10, 2017

Listen to the Episode


From The Official Website:

For today’s show, we dive deeper into the Supreme Court’s recent decision in Trinity Lutheran v. Comer with guest lawyer Andrew Seidel from the Freedom From Religion Foundation.

First, however, we answer a question from Patron Christopher Arguin regarding cross-examination that was inspired by TTTBE #30.

In the main segment, Andrew and Andrew continue to discuss church-state separation and the First Amendment.

Next, our friend Seth Barrett Tillman provides us with an update on the CREW v. Trump lawsuit regarding emoluments.

Finally, we end with the answer to Thomas Take the Bar Exam Question #31 regarding the Statute of Frauds. Listen and find out if Thomas’s improbable one-question winning streak will continue

Show Notes & Links

  1. We first spoke with Andrew Seidel regarding Trinity Lutheran during Episode 82.
  2. Here is a link to the Trinity Lutheran v. Comer decision.
  3. We first discussed Trinity Lutheran during our three-part “You Be The Supreme Court” series; part 1 (Episode 14) is available here, part 2 is available here, and part 3 is available here.
  4. This is the letter that the Missouri Attorney General sent indicating that, post-election, Missouri would change its policy.
  5. Finally, please check out Andrew Seidel’s great work at the Freedom From Religion Foundation.

Law Talkin' Stuff

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






  • [00:00:00] Intro
  • [00:02:27] Listener Questions: If the other lawyer doesn't object, can the judge intervene themselves. (Rule 102 & 802 of the Federal Rules of Evidence.)
  • [00:08:27] Interview: Andrew Seidel continued
    • [00:09:34] Pensacola cross
    • [00:15:21] Chino Valley & school board prayer. County Council prayer
    • [00:21:41] The Alien and Sedition Acts
    • [00:26:42] Greece v. Galloway: Atheist prayer
    • [00:29:13] The cost of prayer 2000 - 2015
    • [00:30:57] Trinity Lutheran & Free Exercise
    • [00:41:56] General available public benefits
    • [00:44:23] Grandfathering in monuments
    • [00:49:27] De minimus arguments & ceremonial deism
    • [00:51:29] Reverse engineered results & standing
    • [00:55:12] Scalia & Employment Division v. Smith
    • [00:59:55] Protected class & civil rights
    • [01:07:15] The Lemon test
    • [01:11:23] The Supreme Court can change its mind
  • [01:16:04] Breakin' (Down) The Law: The CREW lawsuit (Trump Emoluments violation)
    • [01:17:07] Seth Barrett Tillman has filed an Amicus brief
    • [01:17:53] Movement to modify the briefing schedule
  • [01:21:34] New Patron Tuesday
  • [01:23:10] Thomas Takes the Bar Exam: Cancelling an order with a logo on it (Statute of Frauds) - Answer.
  • [01:29:17] Outro