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Showing episodes and shows of
Eva Eapen & Pari Sidana
Shows
Beyond The Judgement
Executing Justice? (Glossip v. Oklahoma)
On today's episode Eva and I discuss Glossip v. Oklahoma. You can read more about the facts of the case here: https://www.oyez.org/cases/2024/22-7466 . Here are the resources we used for this episode: - https://www.supremecourt.gov/opinions/24pdf/22-7466_5h25.pdf- https://www.nytimes.com/2024/10/04/opinion/courts-execution-mistakes.html?smid=nytcore-ios-share&referringSource=articleShare
2025-07-07
18 min
Beyond The Judgement
US v. Skrmetti: SCOTUS Upholds Ban on Gender-Affirming Care for Minors
In this episode, Pari and I break down the Supreme Court’s landmark decision in United States v. Skrmetti, where the Court upheld Tennessee’s ban on gender-affirming medical care for minors. We chat about the majority’s rationale, the fierce dissent, various concurrences, and what this ruling might mean for the future of LGBTQ+ rights. We also discuss how Skrmetti fits into the broader post-Dobbs judicial landscape. Additional analysis on the case can be found in the "Gender-Affirming Care (US v. Skrmetti)" episode released on March 10th. As usual, our sources are listed below. If interested, ACLU-N...
2025-06-23
27 min
Beyond The Judgement
Racial Gerrymandering, Revisited: Louisiana v. Callais
On today's episode of Tiers of Scrutiny, Pari and I discuss Louisiana v. Callais, a case that the Supreme Court heard arguments for in late March. After a federal court ordered Louisiana to fix a Voting Rights Act violation, the new map—drawn to empower Black voters—sparked backlash from non-Black plaintiffs claiming racial gerrymandering. When, if ever, is racial gerrymandering a legitimate remedy? What does this mean for the future of the VRA? We discuss these questions and more in this episode. As always, sources below. https://www.scotusblog.com/case-files/cases/louisiana-v-callais/https://www...
2025-06-02
11 min
Beyond The Judgement
Opt-Out or Opt-In? Faith, Freedom & the First Grade (Mahmoud v. Taylor)
In this episode, we dive into one of the most talked-about education and religious liberty cases of this term: Mahmoud v. Taylor. At the heart of the case? A Maryland school district's decision to include LGBTQ-inclusive storybooks in the elementary curriculum—and to eliminate the opt-out policy that once allowed parents to excuse their children from these lessons on religious grounds.We explore the constitutional questions raised by Muslim, Catholic, and Orthodox Christian families who say their religious rights were sidelined, and the school district’s rationale that maintaining opt-outs was unworkable and potentially stigmatizing. What does the...
2025-04-28
16 min
Beyond The Judgement
Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos
Welcome back to Tiers of Scrutiny! This week, Pari and I discussed Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos--a case where the Mexican government takes American gun companies to court. Some relevant resources: https://www.oyez.org/cases/2024/23-1141https://www.scotusblog.com/case-files/cases/smith-wesson-brands-inc-v-estados-unidos-mexicanos/https://www.supremecourt.gov/DocketPDF/23/23-1141/332815/20241126130359423_23-1141%20ts.pdfhttps://www.supremecourt.gov/DocketPDF/23/23-1141/337036/20250110145559191_Mexico%20Response%20Brief%201-10-25%20Final.pdfhttps://www.culawreview.org/current-events-2/smith-amp-wesson-brands-inc-v-estados-unidos-mexicanos-and-the-future-of-transnational-gun-trafficking-liability
2025-04-21
10 min
Beyond The Judgement
Oklahoma State Charter School Board v. Drummond
Hi everyone! On today's ToS episode, Pari and I discuss Oklahoma State Charter School Board v. Drummond. This case raises various questions about the First Amendment's relationship to state-funded religious schools. Is it possible that the Free Exercise Clause prohibits states from excluding religious schools from charter-school programs? Alternatively, does the Establishment Clause require states to exclude these schools? We chat about these questions, as well as a few others here. As always, resources are listed below--thank you for tuning and we'll see you in two weeks!https://www.oyez.org/cases/2024/24-394https://constitution...
2025-03-31
14 min
Beyond The Judgement
Gender-Affirming Care (US v. Skrmetti)
Hey y'all! On today's episode Eva and I discuss US v. Skrmetti. Here are the resources we used: - https://www.hrc.org/resources/attacks-on-gender-affirming-care-by-state-map- https://jamanetwork.com/journals/jamasurgery/fullarticle/2793977- https://www.oyez.org/cases/2019/17-1618- https://www.oyez.org/cases/2024/23-477- https://www.theusconstitution.org/litigation/united-states-v-skrmetti/#:~:text=In%20United%20States%20v.,Clause%20of%20the%20Fourteenth%20Amendment- https://www.capitol.tn.gov/Bills/113/Bill/SB0001.pdf- https://www.scotusblog.com/case-files/cases/united-states-v-skrmetti/- https://ww...
2025-03-11
15 min
Beyond The Judgement
Barnes v. Felix: Defining Limits on Police Force
On today’s episode of Tiers of Scrutiny, Pari and I discuss Barnes v. Felix, a case concerning the “moment of threat doctrine”--a legal principle limiting review of police officers’ use of force to only the “moment of threat” in which they perceived a threat. Opponents of the doctrine call for an evaluation of “totality of circumstances”--arguing that courts must review any and all actions leading up to the moment of threat. Barnes v. Felix is named for Ashtian Barnes, a Black man who was shot and killed by a law enforcement officer during a traffic stop in 2...
2025-02-24
09 min
Beyond The Judgement
Clouds of Confusion: Vapes vs. FDA Rules (FDA v. Wages and White Lion Investments)
In this episode, we dive into the legal battle between e-cigarette manufacturers and the FDA—a case that’s making waves all the way to the Supreme Court. Back in 2009, Congress put vaping under FDA oversight, but fast forward to 2021, and manufacturers claim the agency pulled a last-minute rule change, shutting down their applications without warning. The FDA says it’s just doing its job to protect public health—especially kids. So, did the agency play fair, or did it pull a “regulatory switcheroo,” as the Fifth Circuit called it? We break down the arguments, the legal implications, and what this ca...
2025-02-10
09 min
Beyond The Judgement
Privacy, Porn, and the First Amendment: A Constitutional Crossroads (Free Speech Coalition, Inc. v. Paxton)
Happy Monday, folks! On today's episode, Pari and I discuss Free Speech Coalition v. Paxton, a case in which SCOTUS must decide the correct scrutiny test to apply to age verification laws on porn sites. Other questions we touch on...Should governments be able to require that porn websites verify viewers' ages? Do such laws infringe on First Amendment protections and anonymity? This is a case that will have significant implications for free speech protections regarding sexual/obscene content. We recorded this episode before the Supreme Court heard arguments in this case, so we've linked the January 15...
2025-01-27
11 min
Beyond The Judgement
Republic of Hungary v. Simon
Hello listeners! In this episode, Pari and I discuss Republic of Hungary v. Simon, a SCOTUS case that concerns Hungarian Holocaust survivors suing the Republic of Hungary in pursuit of compensation for seized property. Pari was actually lucky enough to be present in the chamber during oral arguments for this case! Listen for her observations about the justices' statures, behaviors and body languages during arguments, and more. As always, we've linked some information for you below and we'll see you in two weeks! https://www.scotusblog.com/2020/12/case-preview-foreign-sovereign-immunity-comity-and-the-holocaust/ https://www.supremecourt.gov/DocketPDF/23/23-867/309743/20240514121241293_Republic%20...
2025-01-13
16 min
Beyond The Judgement
Tik Tok on Trial: A Conversation About Tik Tok v. Garland
Hey y'all! On today's episode Eva and I discuss the SCOTUS case about the Tik Tok ban. Here are the sources we used: https://www.supremecourt.gov/DocketPDF/24/24-656/336151/20241227163400981_2024-12-27%20-%20TikTok%20v.%20Garland%20-%20Amicus%20Brief%20of%20President%20Donald%20J.%20Trump.pdf https://www.supremecourt.gov/DocketPDF/24/24-656/335380/20241217144322392_24A587%20TikTok%20v%20Garland%20Amicus%20Brief%20pdfa.pdf https://www.supremecourt.gov/DocketPDF/24/24-656/335387/20241217150212414_24A587%20Amicus%20Brief%20PDFA.pdf) https://www.supremecourt.gov/DocketPDF/24/24-656/336144/20241227161148472_24-656tsGovt_final.pdfhttps://www.npr.org/2024/05/14/1251086753/tiktok-ban-first-amendment-lawsuit-free-speech-project-texas https...
2024-12-30
24 min
Beyond The Judgement
Sentenced to Death by Deception (Glossip v. Oklahoma)
In today's episode, Eva and I discuss Glossip v. Oklahoma. The case is about Richard Glossip who has been sentenced to the death penalty despite the prosecution hiding information about a key witness' mental health and that same witness admitting that he lied on the stand. We dive into the ethical implications of what will happen if the Supreme Court decides to uphold Glossip's sentence. Here are the sources we used: - https://www.oyez.org/cases/2024/22-7466 - https://www.nytimes.com/2024/10/04/opinion/courts-execution-mistakes.html?smid=nytcore-ios-share&referringSource=articleShare - https://www...
2024-12-16
18 min
Beyond The Judgement
Who Gets to Define the Word "Firearm"? (Garland v. VanDerStok)
In this episode, we delve into the Supreme Court case that challenges the Bureau of Alcohol, Tobacco, and Firearms (ATF) 2022 revisions to the Gun Control Act of 1986. These revisions introduced new definitions of key terms like "firearm," "firearm frame," and "receiver" that could have far-reaching implications for gun regulations across the country. The case revolves around whether the ATF has overstepped its authority by redefining these terms and altering the legal landscape for gun owners, manufacturers, and regulators. Join us as we break down the legal arguments, the historical context of the Gun Control Act, and the potential consequences...
2024-12-10
12 min
Beyond The Judgement
Can SCOTUS make up its mind on gun laws? (Update: U.S. v. Rahimi)
Hello everybody! We are on to business as usual, updating you on U.S. v. Rahimi. This is a case about the permissibility of 2nd amendment restrictions. If you need additional background, we recommend you go back and listen to the original U.S. v. Rahimi episode, as well as the NY State Rifle & Pistol Association v. Bruen episode. Linked below are some resources on the Rahimi case for your viewing! Thanks for tuning in. As for the NC Supreme Court race, Justice Allison Riggs appears to have won by a slim 625 votes. There will likely be...
2024-11-20
15 min
Beyond The Judgement
Election Day Emergencies: 3 SCOTUS Decisions About the 2024 Election
Hey y'all! On today's episode Eva and I discuss 3 key decisions that the Supreme Court made about the upcoming election. If you have not made a plan to vote yet visit iwillvote.com to get all the information you need to vote tomorrow. Here are all the resources we used in compiling this episode: - https://www.npr.org/2024/11/01/g-s1-31054/supreme-court-pennsylvania - https://www.nytimes.com/2024/10/30/us/supreme-court-virginia-purge-voter-registration.html?smid=nytcore-ios-share&referringSource=articleShare - https://www.washingtonpost.com/opinions/2024/10/30/virginia-voter-purge-justices/ - https://www.brennancenter.org...
2024-11-04
10 min
Beyond The Judgement
Censoring the Censors: Moody v. Net Choice
In today's episode Eva and I discuss Moody v. Net Choice. The case is about social media and whether or not states can impose regulations on whether social media platforms can engage in censorship. Here are the resources we used: - https://www.supremecourt.gov/opinions/23pdf/22-277_d18f.pdf - https://www.oyez.org/cases/2023/22-555 https://www.scotusblog.com/2024/07/court-sends-social-media-moderation-cases-back-to-lower-courts/ - https://www.bonalaw.com/insights/legal-resources/differences-between-facial-and-as-applied-challenges-to-the-constitutionality-of-a-statute
2024-10-21
11 min
Beyond The Judgement
Abortions & Emergency Procedures: Moyle v. United States
Hey y'all! On today's episode, Eva and I discuss Moyle v. United States. Here are the resources we used: https://www.oyez.org/cases/2023/23-726 https://www.supremecourt.gov/opinions/23pdf/23-726_6jgm.pdf https://www.lwv.org/legal-center/united-states-v-idaho-consolidated-moyle-v-united-states
2024-10-07
07 min
Beyond The Judgement
Intent vs. Impact: Alexander v. South Carolina State Conference of the NAACP
Hi everyone! On today's episode of Tiers of Scrutiny, we discuss Alexander v. South Carolina State Conference of the NAACP. Here are the sources we used: - https://www.oyez.org/cases/2023/22-807 - https://content.next.westlaw.com/practical-law/document/Id4cf195cf3ad11e28578f7ccc38dcbee/Clear-Error?viewType=FullText&transitionType=Default&contextData=(sc.Default)#:~:text=When%20reviewing%20mixed%20questions%20of,Ass'n%20v. - https://www.supremecourt.gov/opinions/23pdf/22-807_3e04.pdf - https://www.brennancenter.org/our-work/court-cases/rucho-v-common-cause
2024-09-23
11 min
Beyond The Judgement
Immunity or King-making: Trump v. U.S.
On today's episode, Pari and I discuss the landmark case regarding presidents' immunity from criminal prosecution for official acts. As always, thanks for tuning in! Additional resources: https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf https://www.oyez.org/cases/2023/23-939
2024-09-10
13 min
Beyond The Judgement
Was George Orwell Onto Something? (Murthy v. Missouri Update)
On today's episode, we discuss Murthy v. Missouri, a case regarding freedom of speech and government censorship on social media platforms. Here are the sources we used: https://www.oyez.org/cases/2023/23-411 https://www.supremecourt.gov/opinions/23pdf/23-411_3dq3.pdf https://constitution.congress.gov/browse/essay/artIII-S2-C1-6-1/ALDE_00012992/ https://www.scotusblog.com/2024/06/justices-side-with-biden-over-governments-influence-on-social-media-content-moderation/ https://www.scotusblog.com/2024/06/justices-side-with-biden-over-governments-influence-on-social-media-content-moderation/
2024-08-26
11 min
Beyond The Judgement
Power Struggle: What will a post-Chevron world look like? (Loper Bright Enterprises v. Raimondo & Relentless Inc. v. Department of Commerce))
On today's episode, we discuss the fall of a judicial doctrine known as "chevron deference." in a case called Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce. Here are all the sources we used: https://www.oyez.org/cases/2023/22-451 https://www.law.cornell.edu/wex/chevron_deference https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf https://www.law.cornell.edu/wex/administrative_procedure_act https://www.epa.gov/laws-regulations/summary-administrative-procedure-act https://www.justice.gov/sites/default/files/jmd/legacy/2014/05/01/act-pl79-404.pdf https://www.nytimes.com/2024/07/02/climate/supreme-court-climate-chevron.html https://www.scotusblog...
2024-08-12
16 min
Beyond The Judgement
Can Cities Penalize Sleeping in Public? (Grants Pass v. Johnson: Update)
On today's episode, Pari and I update you on a case we've previously covered: City of Grants Pass v. Johnson. The question at hand--whether or not cities can penalize unhoused people for sleeping in public areas? We briefly preview the case, discuss the Court's decision, and give you some of our thoughts. As always, resources linked below. Thank you tuning in! https://www.supremecourt.gov/opinions/23pdf/23-175_19m2.pdf https://www.scotusblog.com/case-files/cases/city-of-grants-pass-oregon-v-johnson/
2024-07-29
17 min
Beyond The Judgement
Campaigning with Conviction: A Conversation With Justice Allison Riggs
On today's episode, we have an exciting interview with North Carolina Supreme Court Justice Allison Riggs. As she looks ahead to 2024 and beyond, we wanted to learn more about her background, convictions, and her vision for the future of our democracy. Listen to this episode to learn more about Justice Riggs, the NC Supreme Court, and the importance of voting in 2024. You can learn about Justice Riggs and her campaign here: https://www.riggsforourcourts.com/!
2024-07-15
37 min
Beyond The Judgement
What could the ACLU and NRA possibly agree on? (NRA v. Vullo: Update)
Welcome back to Tiers of Scrutiny! Listen here to learn about NRA v. Vullo, a case in which the NRA accuses New York's Department of Financial Services' Superintendent of suppressing their speech. Linked below are additional resources regarding this case. https://www.oyez.org/cases/2023/22-842 https://www.supremecourt.gov/opinions/23pdf/22-842_6kg7.pdf https://constitutionallawreporter.com/2023/12/11/scotus-adds-two-additional-gun-rights-cases-to-docket/
2024-06-24
12 min
Beyond The Judgement
GUILTY: discussing the infamous Trump conviction
Wondering about the nitty gritty of former President Donald Trump's conviction last week? We were too. Listen here for a discussion of Trump's actions, the charges, the trial, the verdict, and the response. Read more here: https://www.npr.org/2024/05/30/g-s1-1848/trump-hush-money-trial-34-counts https://www.vox.com/politics/353111/trump-trial-verdict-criticisms-wrongly-convicted https://time.com/6985067/donald-trump-felon-travel-guns-voting/ https://www.vox.com/scotus/353561/supreme-court-donald-trump-nullfy-conviction https://apnews.com/article/trump-trial-deliberations-jury-testimony-verdict-85558c6d08efb434d05b694364470aa0
2024-06-07
27 min
Beyond The Judgement
Who does the 8th Amendment Protect? (City of Grants Pass v. Johnson)
Hey y'all! We hope you enjoy today's episode. You can read more about the case here: - https://www.oyez.org/cases/2023/23-175: - https://hls.harvard.edu/today/supreme-court-preview-city-of-grants-pass-v-johnson/ https://www.supremecourt.gov/oral_arguments/argument_transcripts/2023/23-175_6kh7.pdf - https://www.culawreview.org/journal/evolving-standards-of-decency-on-the-abolition-of-capital-punishment#:~:text=As%20highlighted%20in%20Weems%20v,cruel%20and%20unusual%20standards%E2%80%9D%20clause.
2024-05-27
14 min
Beyond The Judgement
What Qualifies as a "Presidential Duty?" (Trump v. US)
On today's episode of Tiers of Scrutiny Eva and I discuss Trump v. US, the SCOTUS case about former President Trump's immunity in the January 6th trial. https://www.supremecourt.gov/DocketPDF/23/23A745/300410/20240212154110541_2024-02-12%20-%20US%20v.%20Trump%20-%20Application%20to%20S.%20Ct.%20for%20Stay%20of%20D.C.%20Circuit%20Mandate%20-%20Final%20With%20Tables%20and%20Appendix.pdf https://www.scotusblog.com/2024/02/supreme-court-takes-up-trump-immunity-appeal/ https://www.washingtonpost.com/politics/2024/03/06/trump-immunity-supreme-court-argument-date/
2024-04-29
08 min
Beyond The Judgement
Is the Clock Ticking on Tik Tok? (1st Amendment Concerns with the Tik Tok Ban)
Hey y'all! We hope you are doing well. On today's episode Eva and I discuss the Tik Tok Ban which was passed by the House of Representatives on March 13th. Here are the sources we used for the episode: https://www.nytimes.com/2024/03/15/technology/tiktok-ban-bill-senate.html https://time.com/6958140/tiktok-ban-jeff-jackson-vote-apology/ https://www.nbcnews.com/tech/social-media/tiktok-ban-israel-gaza-palestine-hamas-account-creator-video-rcna122849 https://apnews.com/article/florida-social-media-ban-desantis-fd07f61e167bd9109a83cd7355b5f164 https://constitutioncenter.org/blog/a-national-tiktok-ban-and-the-first-amendment#:~:text=The%20judge%20was%20presented%20...
2024-04-15
16 min
Beyond The Judgement
Can Texas Take Immigration Matters Into Its Own Hands? (SB4 and the Conflicting Rulings on the Bill)
On today's episode, Eva and I cover Texas v. United States (2024). This case regards SB4 (an immigration law) and Article 1, Section 10. Here are the sources which we used: - https://www.nytimes.com/2024/03/20/us/texas-immigration-law.html?smid=nytcore-ios-share&referringSource=articleShare&sgrp=c-cb - https://www.texastribune.org/2024/03/18/texas-sb-4-immigration-arrest-law/#:~:text=Texas%20has%20argued%20the%20law,own%20%E2%80%9Cunless%20actually%20invaded.%E2%80%9D - https://www.oyez.org/cases/2011/11-182 - https://www.supremecourt.gov/opinions/23pdf/23a814_febh.pdf - https://www.cbsnews.com/news/sb4-texas-immigration-law-blocked-again-after-supreme-court-allowed-state-to-arrest-migrants/ ...
2024-04-01
11 min
Beyond The Judgement
Why Colorado Can't Kick Trump Off The Ballot (Trump v. Anderson)
Tune in to hear us discuss the Supreme Court's per curial opinion in Trump v. Anderson. We also delve into Sections 3 and 5 of the 14th Amendment, as well as states' inability to remove federal office holders from elections. Read the Court's opinion here: https://www.supremecourt.gov/opinions/23pdf/23-719_19m2.pdf
2024-03-18
24 min
Beyond The Judgement
Does this count as Spotify's speech? (Netchoice v. Paxton, LLC.)
Hi everyone! On today's episode we discuss Net Choice v. Paxton, LLC. (https://www.oyez.org/cases/2023/22-555). Here are our sources for the episode: https://jolt.law.harvard.edu/digest/netchoice-l-l-c-v-paxton-5th-circuit-sets-up-supreme-court-battle-over-content-moderation-authority-of-social-media-giants https://www.journaloffreespeechlaw.org/candeub2.pdf https://www.cato.org/blog/fifth-circuit-gets-right-editorial-freedom-very-wrong https://www.aclu.org/press-releases/aclu-and-rcfp-urge-supreme-court-to-block-two-state-laws-that-would-allow-the-government-to-regulate-editorial-discretion-on-social-media https://knightcolumbia.org/cases/netchoice
2024-02-19
18 min
Beyond The Judgement
Listen to this episode... or else: Coercion and Speech (NRA v. Vullo)
The episode title is a play on today's case: NRA v. Vullo. You can read more about the case here: https://www.oyez.org/cases/2023/22-842. Here are our sources for today's episode: - https://www.ncsl.org/state-legislatures-news/details/supreme-court-to-decide-a-variety-of-gun-cases-this-term - https://constitutionallawreporter.com/2023/12/11/scotus-adds-two-additional-gun-rights-cases-to-docket/ - https://fedsoc.org/commentary/fedsoc-blog/national-rifle-association-v-vullo-gives-scotus-an-opportunity-to-resolve-a-key-first-amendment-circuit-split
2024-02-05
16 min
Beyond The Judgement
A $340 Billion Dollar Question (Moore v. United States)
Hi everyone! On today's episode, I am covering Moore v. United States. This case involves an investment into a foreign company and a taxation on that investment. Although the case itself may seem boring, the wider implications of a decision are fascinating. You can learn more here!
2024-01-22
07 min
Beyond The Judgement
#HaveAConvo: When Should the Government Regulate Speech on Social Media? (Murthy v. Missouri)
Hi everyone! On today's episode, Eva and I discuss Murthy v. Missouri. The case is about the First Amendment and when, if at all, the government can step in to restrict speech on social media. You can read more about the case here: https://www.oyez.org/cases/2023/23-411! As always, please let us know if you have any comments or questions.
2024-01-08
18 min
Beyond The Judgement
Accountability: An Ethics Code Without a "Sword"
On today's episode we discuss the new ethics code that Justices will be following. You can read the code here: https://www.supremecourt.gov/about/Code-of-Conduct-for-Justices_November_13_2023.pdf
2023-12-11
05 min
Beyond The Judgement
Gun Rights, Wrongs, & Domestic Violence (US v. Rahimi)
Welcome back to Tiers of Scrutiny! On today's episode, we discuss a 2nd Amendment case--United States v. Rahimi. Check out the links below for a little extra reading on the case. See you in two weeks :) https://www.oyez.org/cases/2023/22-915 https://www.aclu.org/cases/united-states-v-rahimi
2023-11-27
12 min
Beyond The Judgement
5th Amendment Woes (McElrath v. Georgia)
In this episode, hear us discuss McElrath v. Georgia, an upcoming SCOTUS case regarding an acquitted defendant who the state of Georgia wants to retry in criminal court. Sound like a Double Jeopardy issue to you? Us too. Tune in for more.
2023-11-06
07 min
Beyond The Judgement
Sooo... what is the intersection between race and political affiliation, if any? And why does it matter when drawing maps? (Alexander v. South Carolina NAACP)
On today's episode we discuss Alexander v. South Carolina NAACP. The case regards gerrymandering in South Carolina. You can read more about it here: https://www.oyez.org/cases/2023/22-807
2023-10-23
10 min
Beyond The Judgement
What does Port Huron's city manager have to do with a finsta? (Lindke v. Freed and O'Connor-Ratcliff v. Garnier)
In today's episode we discuss the intersection of the 1st amendment and social media!
2023-09-25
16 min
Beyond The Judgement
Trump Too Small? (Vidal v. Elster)
Question at hand: Does the refusal to register a trademark under 15 U.S.C. § 1052(c) when the mark contains criticism of a government official or public figure violate the Free Speech Clause of the First Amendment?
2023-09-11
09 min
Beyond The Judgement
Did internet stalking just get a whole lot easier? (Counterman v. Colorado)
In today's case we discuss the intersection between freedom of speech and internet stalking. You can read the court's full opinion here: https://www.supremecourt.gov/opinions/22pdf/22-138_43j7.pdf!
2023-08-21
23 min
Beyond The Judgement
The End of Affirmative Action & The Asian-American Paradox
In this episode, we discuss the fall of affirmative action and our predictions of what will happen to college applications next. We simultaneously explored the role of Asian Americans and the model minority myth in both upholding and ending the practice. By no means do we have all the answers to the effect that the end of the policy will have on institutions and opportunities for underrepresented minorities and those in the majority. This episode is a contentious one but we didn't want to shy away from our thoughts and opinions so please be respectful when engaging in discourse...
2023-08-07
31 min
Beyond The Judgement
A Delicate Balance: Protections Against Discrimination & Free Speech (303 Creative LLC v. Elenis)
Listen to us unpack the decision in 303 Creative LLC v. Elenis, in which SCOTUS came down in favor of Lori Smith, the Colorado wedding website designer who did not wish to ever design a website for a same-sex couple. Read here for more background information. See you in two weeks!
2023-07-24
12 min
Beyond The Judgement
A Win For Tribal Sovereignty: Haaland v. Brackeen
Welcome back to Tiers of Scrutiny! Listen here for a breakdown of Haaland v. Brackeen, a SCOTUS case regarding ICWA (The Indian Child Welfare Act of 1978). If interested in more background information, check out the following links: https://www.oyez.org/cases/2022/21-376 https://www.aclu.org/cases/brackeen-v-haaland
2023-07-10
06 min
Beyond The Judgement
The Supreme Court's Unexpected Verdict on Democracy: Allen v. Milligan
This episode of tiers of scrutiny covers the court's recent decision in Allen v. Milligan which regards maps used in the 2022 midterm election in Alabama. You can read the opinion here. If you are interested in more legal analysis we suggest SCOTUS Blog.
2023-06-19
13 min
Beyond The Judgement
Twitter & Terrorism: What responsibility do social media companies have in terrorism, if any? (Twitter v. Taamneh)
In this episode we discuss Twitter v. Taamneh and Google v. Gonzalez, two decisions released by the court on May 18th. We hope you enjoy!
2023-06-05
12 min
Beyond The Judgement
The Least Popular Branch: Ethics & Lack Thereof
A continued discussion of the ethics scandals surrounding the SCOTUS and what the impact is in the court of public opinion.
2023-05-15
17 min
Beyond The Judgement
SCOTUS to the Rescue: Mifepristone, Comstock Act, and More
On April 21st, the Supreme Court released a block on a lower court ruling from April 7th to prohibit the use of Mifepristone (an abortion pill) which contradicted another ruling on the same day which expanded the use of Mifepristone. Tune in to hear our thoughts and opinions of the block along with updates on the NC Supreme Court cases we talked about 2 episodes ago: Harper v. Hall and Holmes v. Moore. The Republican majority court has reversed these decisions which will have a major impact on how we vote in the next election.
2023-05-01
10 min
Beyond The Judgement
Clarence Thomas's Billionaire BFF
Greetings! Today's episode of Barely Legal focuses on recent news! ProPublica released a report revealing that Clarence Thomas failed to disclose multiple trips and a real estate deal made with GOP super donor and billionaire, Harlan Crow. What does this mean for the public's (already eroding) trust in the Supreme Court? As always, thank you for listening and we'll see you in two weeks.
2023-04-17
16 min
Beyond The Judgement
Hurdles & Hoops: NC Supreme Court Rehears Holmes v. Moore
In today's episode, we discuss the newly Republican majority NC Supreme Court rehearing two voting-related cases, Holmes v. Moore and Harper v. Hall. The former has to do with Voter ID requirements and the latter with allegedly racially discriminatory redistricting. As always, we encourage you to seek out information about your local legislators and justices, and to bear this information in mind when you cast your vote. Thanks for listening, and we'll see you in three weeks.
2023-03-27
11 min
Beyond The Judgement
Dealing With Dobbs
Welcome to today's episode of Barely Legal, where we discuss the five women suing the state of Texas for not providing them with abortions despite their fetuses being unviable and their lives being at risk. We also discuss the unintended consequences of abortion bans that have sprouted across the country since the release of the Supreme Court's decision on Dobbs v. Jackson Women's Health Organization, the case that overturned Roe v. Wade and returned the decision of abortion to the states. Attached is a link to an overview of the Dobbs case. Thank you for listening.
2023-03-13
12 min
Beyond The Judgement
Seven ATE Nine: When is the Court's role to step in when it comes to the death penalty?
Today we talk about John Balentine and the role of our courts in determining who lives and who dies. Although this is not a Supreme Court case, there are still many implications from the decision. You can read more about it here: https://www.scotusblog.com/2023/02/supreme-court-declines-to-halt-execution-of-texas-man-who-said-juror-and-attorneys-were-racist/. We also talked about the Racial Justice Act and NC Supreme Court case State v. Robinson along with State v. Tucker .
2023-02-27
14 min
Beyond The Judgement
Love is in the Air (The Background to Obergefell v. Hodges)
In today's episode, we discuss the background to Obergefell v. Hodges and previous precedent that regards the LGBTQ+ community in honor of Valentine's Day tomorrow. This is part 1 of a 3 part series regarding court decisions affecting the community. Stay tuned for the next 2 parts!
2023-02-13
13 min
Beyond The Judgement
Santos-Zacaria v. Garland: What Do We Owe Immigrants?
Santos-Zacaria v. Garland regards a trans woman from Guatemala facing deportation in the United Stations. She filed for stay of deportation based on past persecution in her native country. The episode discusses the responsibilities we have to immigrants and potential deportees, especially when it comes to bodily safety. Read more about the case and listen to the oral arguments here: https://www.oyez.org/cases/2022/21-1436
2023-01-30
06 min
Beyond The Judgement
Landmark Decision: What does Obergefell v. Hodges mean?
We take a dive back in time to 2015 when the landmark decision was made to legalize same-sex marriage across all 50 states. We explore the significance of Obergefell and what's to come for the LGBTQ+ community.
2023-01-30
11 min
Beyond The Judgement
What does your vote count for? (Merrill v. Milligan)
On today's episode we are discussing Merrill v. Milligan a case regarding redistricting in Alabama and Section 2 of the Voting Rights Act of 1965. What is democracy, if not representation of the will of the people? You can read more about the case and listen to the oral argument here: https://www.oyez.org/cases/2022/21-1086. Here are some additional resources we used in creating this episode: Case overview from Cornell Law: https://www.law.cornell.edu/supct/cert/21-1086 Merrill v. Milligan SCOTUS stay order in February: https://www.supremecourt.gov/op...
2023-01-16
17 min
Beyond The Judgement
Reconciling Public Accommodations and the First Amendment (303 Creative LLC v. Elenis)
Today, we are discussing 303 Creative LLC v. Elenis. This case covers multitude of issues but at the forefront are religious freedom, freedom of speech, and anti-discrimination legislation. The case was argued on December 5th, 2022. You can listen to the oral argument here: https://www.oyez.org/cases/2022/21-476
2023-01-02
21 min
Beyond The Judgement
We're All Susceptible To Virtual Echo Chambers: How Do We Hold Media Platforms Accountable?
In today's day and age, it is possible to construct virtual echo chambers that serve to affirm your own ideologies and world views. How do we hold media platforms accountable for recommending malicious user content?
2022-12-19
12 min
Beyond The Judgement
Is Arizona cruisin' past federal law? (Cruz v. Arizona)
On this episode we discuss Cruz v. Arizona; a case regarding due process rights as they apply to knowledge of ineligibility for parole.
2022-12-05
07 min
Beyond The Judgement
So, what went down on November 8th, 2022? (Midterm Election Debrief)
On today's episode, we discuss what went down in the 2022 Midterm Election and how that will impact the political landscape in the United States.
2022-11-21
16 min
Beyond The Judgement
Midterm Elections: VOTE
Tomorrow is Election Day, and there's a lot on your ballot. It's difficult to educate yourself on candidates representing your values, but we encourage you to cast your vote tomorrow if you are eligible (if not, there's still a lot you can do to ensure your loved ones vote). Visit https://www.vote.org/ to make your plan to vote ASAP.
2022-11-07
08 min
Beyond The Judgement
What is "Independent State Legislature Theory" and what does it mean for our democracy?
Welcome to a discussion of one of the most consequential cases being heard in this upcoming SCOTUS term. It's called Moore v. Harper, and will be heard December 7, 2022--so tune in to Oyez to listen to the oral arguments if interested.
2022-10-24
12 min
Beyond The Judgement
Are Laws Protecting Indigenous Cultures/Tribes Racially Discriminatory?
Brackeen v. Haaland is an impending SCOTUS case that concerns a 40+ year old federal law called ICWA (Indian Child Welfare Act). The Court will hear oral arguments on this case on November 9th, 2022. Thanks for listening!
2022-10-10
11 min
Beyond The Judgement
Religion and the LGBTQ+ Community: Is it religious freedom to forbid an LGBTQ+ group from gathering on a college campus?
Yeshiva University, a private religious university, does not want a student-run LGBTQ+ group of campus. What are the ramifications of that, and is it religious freedom? This is the first of a few SCOTUS cases regarding the LGBTQ+ community this term, although this was not an official case in the sense that there were no hearings and the opinion is not a final opinion.
2022-09-26
14 min
Beyond The Judgement
Affirmative Action Pt. 1: When is discrimination on the basis of race okay?
On today's episode, we discuss race-based affirmative action and what it means. Why is it an issue that the Supreme Court will be taking on in the upcoming term? Stay tuned for the 2nd part of this episode where we will discuss the lawsuits themselves and the ramifications of the decision once it is out.
2022-09-12
16 min
Beyond The Judgement
Trailer: Welcome to Season 2!
For this new season of Barely Legal, we will be implementing some changes to the format and style of our episodes. We hope you stick around. See you next Monday!
2022-09-05
01 min
Beyond The Judgement
Episode 7: Introduction To SCOTUS
Ever wondered how the US Supreme Court functions? Or how a branch of government can possibly aspire to be wholly apolitical? Listen here to our introduction to SCOTUS!
2022-08-29
17 min
Beyond The Judgement
Episode 6: The Dismantling of Roe v. Wade. (Dobbs v. Jackson)
Hear us discuss the polarizing Dobbs v. Jackson Women's Health Organization--also known as the Supreme Court case that overturned Roe v. Wade and Planned Parenthood v. Casey. This is admittedly a lengthy episode, but we wanted to do this one justice. Thanks for listening!
2022-08-22
24 min
Beyond The Judgement
Episode 5: Where do we draw the line with school and religion? (Carson v. Makin)
In this episode of Barely Legal, we talk about Carson v. Makin, a case regarding schools and religion but more specifically with government funding for religious schools. You can read more about the case here: https://www.oyez.org/cases/2021/20-1088 !
2022-08-15
11 min
Beyond The Judgement
Episode 4: Do you need proper cause for concealed carry? (NY State Pistol & Rifle Association v. Bruen)
In this episode of Barely Legal, we discuss NY State Pistol & Rifle Association v. Bruen, a case regarding concealed carry legislation in New York and the 2nd amendment.
2022-08-08
20 min
Beyond The Judgement
Episode 3: Vega v. Tekoh
In this episode we discuss Vega v. Tekoh, which determined that an officer's failure to read a person their Miranda rights does not constitute grounds for a claim of civil liability.
2022-08-01
12 min
Beyond The Judgement
Episode 2: West Virginia v. EPA
In this episode we discuss West Virginia v. EPA. The case curtails the ability of federal agencies to set drastic regulations in relevant sectors. You can read more about the decision here: https://www.oyez.org/cases/2021/20-1530!
2022-07-25
14 min
Beyond The Judgement
Episode 1: Kennedy v. Bremerton School District
Welcome to our first episode of Barely Legal! In this episode we discuss Kennedy v. Bremerton School District, a case about a public high school football coach praying after football games (with students at times!) and what that means in terms of freedom of religion and free speech in schools.
2022-07-18
17 min
Beyond The Judgement
Trailer - Welcome to Barely Legal w/ Eva Eapen & Pari Sidana
Hi! This is Barely Legal, the podcast where two teens break down SCOTUS cases in an informative, but thought provoking manner. Our goal is to reach out to barely legal audiences (voters!) and present information about the rulings of the judicial branch that is often left out of the conversation. Our first episode releases this Monday. See you then!
2022-07-13
01 min