Sunday, June 28, 2020

Happy Juneteenth from the Supreme Court! (Opening Arguments podcast OA396)

Today’s episode might have been titled “Andrew Was Really, Really Wrong,” as we break down this rather surprising week in the Supreme Court, including the Title VII cases, the Court’s refusal to grant cert on any gun case, and the DACA decision.

We begin with a quick Happy Juneteenth!

From there, we tackle the ways in which Andrew Was Wrong, starting with the Court’s decision in Bostock v. Clayton County, the consolidated case in which the Court has now held that Title VII of the Civil Rights Act of 1964 protects sexual orientation and gender identity. We promise you it isn’t a poison pill; it’s an unambiguously good decision.

After that, it’s time to talk about another thing Andrew was wrong about that’s kind of flown under the radar — the fact that the Supreme Court denied certiorari in all 10 of the pending gun cases, allowing some good rulings to stand and forestalling some bad new law on the Second Amendment.

Then, it’s time to break down the Court’s ruling in Regents of the University of California v. Trump, the case involving whether the Trump administration can unilaterally end DACA. The Court ruled they can’t — but this decision has a number of red flags in it that we discuss on the show.

After all that, it’s time for a brand-new #T3BE about constitutional law and whether a religious university can fire a professor for what she writes in an op-ed?
Interview:
https://openargs.com/oa396-happy-juneteenth-from-the-supreme-court/

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