Journey to the Center of the Supreme Court

After a momentous term at the Supreme Court, what are we to make of it ...

Jul 16, 2020

After a momentous term at the Supreme Court, what are we to make of it all? Josh Blackman, associate professor of law at the South Texas College of Law Houston, joins David and Sarah to help us all understand: Roberts’ role at the center of the Court, Gorsuch and textualism, and Kagan’s growing influence. David, Sarah, and Josh cover it all.

Show Notes:

-Make sure to read Sarah’s piece on the Supreme Court term.

See omnystudio.com/listener for privacy information.

Conversations (19)

Comments (19)

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Eric K 4 years ago

The best lawyer movie (non-My Cousin Vinny division) is Chicago.

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An Actual Cat 4 years ago

I'm not sure if this is the right place to ask, but I'd really like to hear a rundown on what's going on in Portland, OR from a legal point of view. Please work this in somewhere on the site. Your podcasts at the beginning of the lock down period and with regard to Lafayette Square helped me understand what authority was held by the different players.

Who is doing what in Portland and under what authority? The reporting is all over the place, with talk of people being "disappeared" and the ACLU getting involved. Even the more reputable sources seem to be relying heavily on "some guy on the street" for information.

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Birch Barlow 4 years ago

Paper Chase was great but I never bought the ending what with the throwing of his final grades in the ocean. Yeah right he didn't look....

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Matt McDonald 4 years ago

One more movie recommendation- check out Gideon’s Trumpet with Henry Fonda as Clarence Earl Gideon, who prepared his own Supreme Court appeal in pencil on prison stationery- gives an interesting look (probably entirely fictitious) at the Supreme Court’s deliberations at the time.

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Cole 4 years ago

For what it's worth (not much!), I had never heard of Sarah's movie pick. In fact, I don't even remember the name of the movie as I make this post!

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Tracie 4 years ago

Adam's Rib. (?)

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Pastorfbt 4 years ago

No Lincoln Lawyer?

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Lylegruby 4 years ago

Never really been a fan of Blackman's. While prolific, his writings don't generally stand up to a deeper look. Indeed, Orrin Kerr recently had to correct his flawed analysis in regard to the 4th Am., which, to Blackman's credit, he conceded. Even today, I disagreed with nearly everything he said legally and politically, including his liberal fearmongering and baseless Kagan allegations. Also, his criticism of Gorsuch's opinion in Bostock was completely unreasonable, if you ask me. To Blackman, Gorsuch's logic is somehow flawed because he applied the governing legal standard that has been around for decades instead of pulling that legal standard up by the roots? So, Gorsuch can never rely on legal precedent now unless and until he traces it back to its textualist roots and 100% agrees with those roots? Absurdity and outcome-oriented bad faith.

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Pawpaw 4 years ago

New member, first post: Looking forward to your ongoing analysis of this SCOTUS term. Please include the interplay of Bostock, Guadalupe and (long-expected) Espinoza, moving forward. Will Anthony Kennedy's hope and vision below be 'cancelled'? Especially for 'persons' outside a Utah Compromise? Will Kagan's kindness help?
From Obergefell majority opinion:
"Finally, it must be emphasized that religions, and those who adhere to religious doctrines, may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned. The First Amendment ensures that religious organizations and
persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths, and to their own deep aspirations to continue the family structure they have long revered. The same is true of those who oppose same-sex marriage for
other reasons. In turn, those who believe allowing samesex marriage is proper or indeed essential, whether as a matter of religious conviction or secular belief, may engage those who disagree with their view in an open and searching debate."

Does Bostock include any such assurances? Where may we safely have 'open and searching debate' on these issues today, without concern for our words being used against us later?

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Angie 4 years ago

That was fun and informative both, as always...and I like Josh...The Dispatch picks really cool and fun guests for the podcasts...there hasn't been a one I didn't like...

I love all the movies that were mentioned, and I know David said you had to exclude them, but, 12 Angry Mean and To Kill a Mockingbird were awesome..and I love My Cousin Vinny and Legally Blonde too

But, one I don't think I heard... A Few Good Men is awesome too