Bundle of Sticks

We’ve got a lot more first rate Supreme Court analysis for you in today’s pod. ...

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We’ve got a lot more first rate Supreme Court analysis for you in today’s pod. David and Sarah break down the most recent cert grant announcements and the court’s refusal to hear some contentious cases involving interstate conflict, transgender bathroom access, and marijuana. They then dive into the Supreme Court’s opinion in Lombardo v. City of St. Louis, which asked a lower court to reevaluate whether police used excessive force in kneeling on the back of a handcuffed suspect who later died. Also, Sarah gives her thoughts on Cedar Point Nursery v. Hassid, a property law dispute involving union recruiting that divided the Supreme Court along even ideological lines. Finally, David and Sarah discuss a heated confrontation at the 5th Circuit about a case involving police officers who tased a person soaked in gasoline and set him on fire.

Show Notes:

–Thomas statement on federal marijuana laws

–John Lombardo v. City of St. Louis, Missouri

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  1. Eric

    I listened with amusement to David’s comments about the potential peril pot merchants find themselves in states that have “legalized” marijuana. While it is certainly true that the Supremacy Clause prevents states from nullifying federal law, that is exactly the state of affairs where I live, in Portland, OR. No one here gives a thought to federal law, and the supposed “peril” to which it subjects pot merchants and users. This is because everyone here knows that no Portland jury would ever convict anyone who violates federal pot laws. The local US Attorney certainly knows it, and would never waste his time on such a prosecution, even were DOJ to change its enforcement position. So, while things may seem “a shambles” to legal academics, in reality, at least in Oregon, the state of affairs is clear: Don’t worry, be happy and light that doobie.

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  2. Christina Chieffo

    I got all nostalgic during the bundle of sticks talk!! Contracts and property law really clicked for me in law school... and now I'm in house counsel for a real estate developer. Thanks for reminding me how I got here in the first place.

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  3. John Brennan

    Request for Sarah - can you provide an overview of how adult conservatorships work generally and the Britney Spears one in particular?

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  4. John Brennan

    Questions for David and Sarah regarding the Bruce Castor deal for Bill Cosby in 2005 - 1) Was this type of deal common A) for an attorney general to offer immunity from prosecution and B) for the offer to be an informal agreement rather than a formal contract and C) for the deal to cross court jurisdictions - ie never facing a criminal charge in exchange for testimony in civil court? 2) How bad a move was this by Castor? (Note: for purposes of evaluating Castor's actions, I want to judge it based on the circumstances that could reasonably forecast in 2005. Obviously with the "me too movement", rape has gotten easier to successfully prosecute than was likely forecastable in 2005).

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  5. Bill Brewbaker

    Congratulations to Mr. Sarah Isgur (Scott Keller) on his election to the American Law Institute.

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    Bryant Lash

    Am I the only one disappointed that they still have not covered nestle? I feel betrayed! Sarah seems so excited about alien tort, and I mean it's got chocolate - what else do you need in a case?
    "We'll cover Nestle on Monday" - David French, 2021, yet to cover Nestle

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  7. Paul

    I was really disappointed that the Supreme Court refused to hear NH v MA. That seems to be an act of blatant government overreach into the jurisdiction of another government. Taxachusetts should have to keep their bad tax policies out NH.

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  8. Randall Briggs

    When I was flying AH-64 Apaches at Fort Hood, we did nighttime, low-level training out in the "Western Training Area." Some clever guys, including actor Tommy Lee Jones, figured out how to make some money off of this by becoming ostrich ranchers. Ostriches panic when they hear strange noises overhead, and they run as fast as they can until they hit something that stops them dead in their tracks. When that happens, the rancher files a complaint with the Army and gets reimbursed.

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    1. Brett C

      I'm impressed

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      1. Randall Briggs

        It was a long time ago. Late '80s, early '90s.

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  9. Acre00

    I agree with you that Raich is one of the worst decisions of the past 30 years, but I don't think it's a result of a drug distortion. It seems to follow a very straight logical path from Wickard v Filburn, which I regard as the "original sin" of Commerce Clause jurisprudence

    IANAL, though, so I welcome any corrections

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    Chuck Schierbeck II

    I enjoyed the Property Tax section. I am not a lawyer but an appraiser so I was familiar with the bundle of rights (sticks). I was paying attention to Kelo when it came out.
    I remember hearing about it and thinking that New London was going to lose.
    I had in mind another case that went the other way.

    The first day of my first real estate class we learned of the four powers government had over real estate with the handy P.E.T.E. acronym (Police, Eminent Domain, Taxation, Escheat). When they got to Eminent Domain the instructor brought up the casino reinvestment development authority v Coking. This was a case ( https://ij.org/case/casino-reinvestment-development-authority-v-coking/) where Donald Trump wanted to build a limo garage and needed Vera Coking's house to do it. The instructor said that Trump lost because that's not how eminent domain works. You should take a look at a picture of the house post-construction of the garage. It reminds me of the house in "Up" (I wonder what rights Carl still had when his house was floating down to South America).

    When I read about Kelo I was proud of my inside knowledge that eminent domain doesn't work that way. I was wrong. To clarify I was wrong about how Kelo would come out. I was still right about how eminent domain is supposed to work. Kelo was wrongly decided.

    I also told some of my friends in 2016 that because of Kelo I didn't think Trump would appoint conservative justices like they hoped, because I thought he would have liked Kelo and the majority was primarily the liberal justices. I was wrong about that as well.

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