Living Textualism
Strict Scrutiny14 Mar 2022

Living Textualism

Kate and Leah talk with Cary Franklin, the McDonald/Wright Chair of Law and Faculty Director of the Williams Institute at the UCLA School of Law, about her article "Living Textualism." The article is a broad critique of textualism, using the Supreme Court's 6-3 decision in Bostock v. Clayton County as a foundation.

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Episoder(416)

SCOTUS Keeps Rewriting Gun History

SCOTUS Keeps Rewriting Gun History

Melissa, Leah, and Kate briefly recap the Court’s two major immigration decisions last week (for a deeper dive, check out last week’s emergency episode), before digging into the Second Amendment case,...

29 Jun 1h 20min

BREAKING: SCOTUS Greenlights Trump’s Cruel Immigration Policies

BREAKING: SCOTUS Greenlights Trump’s Cruel Immigration Policies

In this emergency episode, Kate, Melissa, and Leah unpack the two major immigration opinions handed down by SCOTUS today. The brutal TL;DR, courtesy of Justice Sotomayor: “The consequences of today’s ...

25 Jun 37min

Why is SCOTUS Hoarding Opinions?

Why is SCOTUS Hoarding Opinions?

Leah, Melissa, Kate, and special guest Elie Mystal of The Nation speculate about why the Court is hoarding opinions this late into bad decision season before diving deep on the ruling in United States...

22 Jun 1h 26min

The Malicious Incompetence of Trump's DOJ

The Malicious Incompetence of Trump's DOJ

Kate and Leah cover this week’s three Supreme Court opinions—one featuring a killer Ketanji Brown Jackson dissent—before turning to legal news, where bad behavior is everywhere. We’ve got a violent ju...

15 Jun 1h 18min

Affirmative Action for Mediocre Men

Affirmative Action for Mediocre Men

Leah and Melissa break down what may be a new low for the Court: granting Alabama’s request to reinstate racially discriminatory voting maps. Then, they turn to the big questions: how dead is Trump’s ...

8 Jun 1h 24min

Ballrooms, ‘Bama and (Very) Bad Behavior

Ballrooms, ‘Bama and (Very) Bad Behavior

Leah, Kate, and Melissa recap another busy week in legal news, covering the continued fallout from the Voting Rights Act case, Louisiana v. Callais, the ongoing saga of the DOJ’s insurrectionist slush...

1 Jun 1h 37min

Trump's Heartbreaking Work of Staggering Grift

Trump's Heartbreaking Work of Staggering Grift

Kate, Melissa, and Leah try to wrap their heads around Trump’s nearly $2 billion DOJ slush fund, which they agree may be—despite extremely stiff competition—the biggest act of trolling and self-dealin...

25 Mai 1h 34min

How SCOTUS is Waging Electoral Warfare

How SCOTUS is Waging Electoral Warfare

Kate and Leah break down the Supreme Court’s extension of a stay allowing for continued mail-order access to mifepristone, from the Court’s unconscionable failure to meet its own arbitrary deadline to...

18 Mai 1h 44min

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