The Citizen's Guide to the Supreme Court

By The Citizens Guide to the Supreme Court

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Description

Brett and Nazim are two attorneys who hate being attorneys. Each week, they discuss current Supreme Court cases with the intent to make the law more accessible to the average person, while ruminating on what makes the law both frustrating and interesting. This podcast is not legal advice and is for entertainment purposes only. If anything you hear leads you to believe you need legal advice, please contact an attorney immediately

Episode Date
SEASON FINALE LIVE: Fantasy Things Draft 2020
01:07:21

It's the end of the term, so Brett and Nazim are coming at you LIVE from Brett's living room, covering topics like (1) the best story lines from last year, (2) what story lines will symbolize next year's term, and (3) an actual, human winner of the Fantasy League.  Dreams really do come true.  The Citizen's Guide to the Supreme Court will return on October 6, 2019.

Aug 18, 2019
GUEST EP: Simon Tam, Bass Player of the Slants
01:04:13

Good morning.  In this guest episode, Brett talks with Simon Tam, bass player of the band that fought the Lanham Act in Lee v. Tam.   Brett and Simon discuss what its like to bring a lawsuit before the Supreme Court, the state of Free Speech, the dynamics of playing in a rock band, the appropriate tenor for diss-tracks and what its like to rock on the front steps of the Supreme Court.

Aug 14, 2019
We Should Have a Public Access TV Show
44:57

There's a lot of sexy topics at hand this week, as Brett and Nazim discuss uranium mining in Virginia Uranium v. Warren, secret graveyards in Knick v Township of Scott, and backstage drama at public access ala Murphy Brown in Manhattan Community Access Corp. v. Halleck.  Law starts in earnest at (06:50), but takes about two more minutes to really get settled.

Aug 11, 2019
A Docket of Deplorables
43:25

This week covers a cavalcade of naughty, immoral and scandalous participants who found a mixed bag of justice before the Supreme Court, including Iancu v. Brunetti (dirty-named clothing designers), Flowers v. Mississippi (racist prosecutors), and Gundy v. U.S. (the U.S. Attorney General's Office). The law starts at the beginning but it certainly doesn't stay that way.

Aug 04, 2019
A Real Threat or a Mere Shadow
47:37

This week's episode discusses the recent passing of former Justice John Paul Stevens before turning to American Humanist Society v. American Legion, which covers whether or not a 100 year old cross violates the Establishment Clause.  Law starts at (07:30) and there's a humdinger of a Thomas dissent towards the end.

Jul 28, 2019
Go Home Admin Law, You're Drunk
44:33

It's a tough week for small government, as the Auer doctrine, the 21st Amendment, and local business associations all took one on this chin from the Supreme Court.  Brett and Nazim discuss agency deference in Kisor v. Wilkie, and the Dormant Commerce Clause's effect on residency requirements for alcohol licenses in Tennessee Wine and Spirits Board v. Thomas.  Law starts at (10:20).

Jul 21, 2019
It's Concurring Opinion Season
39:37

This week's episode discusses the two criminal cases of Gable v. US and Mitchell v. Wisconsin, covering (1) why the double jeopardy clause is needlessly hard, (2) why Wisconsin gets to keep their Vampire Laws in effect, and (3) what is Clarence Thomas up to with a 20 page concurrence out of nowhere about precedent.  Law starts at (05:00).

Jul 14, 2019
Good Night, Sweet Political Questions
47:21

This week's episode covers the two political cases that highlighted the last day of the term, as Nazim gets indignant about the death of political gerrymanddering cases in Rucho v Common Cause, Brett recounts his China trip, and Roberts sits alone at the lunch table in Department of Commerce v. New York.  The law starts at (2:45).

Jul 07, 2019
A Summer of Sequels
37:53

This week's episode covers topics that have roots in previous episodes, from the case of Quarles v. U.S., which covers the continued evolution of the Armed Career Criminals Act, to Nieves v. Bartlett, which covers whether probable cause defeats a retaliatory arrest claim as a matter of law, to Nazim being inappropriate, which has been in existence since episode one.  Law starts at (06:51).  Note: Due to scheduling issues, cases decided in the last two weeks of June will be covered in July.

Jun 30, 2019
It's Breyer Time, Part 2
37:37

As a supplement to last week's episode, Brett and Nazim cover the case of Bucklew v. Precyth, which discusses whether or not an individual can contest the death penalty on grounds that it would impose extreme pain just on him, and specifically Breyer's arguments concerning the Constitutionality of the Death Penalty.  Law starts at (04:00).  Note:  Due to scheduling issues, all orders covered in the last week of June will be covered in July episodes.

Jun 23, 2019
It's Breyer Time!
42:49

This week's episodes cover a collection of cases that deal with everyone's slightly vanilla, left-wing centrist judge, as the cases of Obduskey v. McCarthy & Holthus (attorney application under the FDCA), Taggart v. Lorenzon (test for violating bankruptcy discharge), and JAM v. International Finance Corp. (evolution of immunity statutes for international organizations) all deal with our dude, Justice Breyer.  Law starts at (02:35).

Jun 16, 2019
The Health Care System Likes to Cha-Cha-Cha
45:45

It's summertime, people, and what better way to ring in the season than discussing two procedural cases involving the health care system.  The case of Azar v. Allina Health Services deals with administrative procedure in Medicare rules, and Merk v. Albrecht deals with legal standards for State preemption.  If that isn't sexy enough for you, there's a killer Sam Cooke reference buried in the back half of the episode.  Law starts at (08:22).

Jun 09, 2019
Fourth Annual Summit on Guns (and Abortion)
45:37

This year's summit on guns (covering the case of New York Rifle & Pistol Assoc. v. New York) was rudely interrupted by an abortion case (Box v. Planned Parenthood), thus creating a Voltron-like Supreme Court podcast where no one is happy.  Enjoy, kind of?  Law starts at (08:25).

Jun 02, 2019
A Memorial-Day-Weekend Kind of Episode
44:09

Listen gang, it's a holiday.  Although this episode covers two decisions (Herrera v. Wyoming & Washing State Licensing Department v. Cougar Den), this episode has all the seriousness of an afternoon BBQ where Brett and Nazim cumulatively eat nine hotdogs.  Come for the insight on meaningless cases, stay for Brett's half-baked ideas (there are about 3).  Law starts at (09:47).

May 26, 2019
Who's Afraid of the Big Bad Hyatt Decision??
40:01

It's finally decision season, and Brett and Nazim are covering two cases with broader implications for the future.  First is Apple v. Pepper, which deals with conservative and evolutionary approaches to anti-trust common law, and the second is Franchise Tax Board v. Hyatt, which deals with whether or not a controversial Constitutional interpretation should be overruled.  Law starts at (09:09).

May 19, 2019
I, Debt-Monger
45:37

The dreaded BORING TERM strikes again, as Brett and Nazim take a stab at covering bankruptcy law.  This episode discusses general bankruptcy practice withing the scope of Taggart v. Lorenzen, which asks whether a creditor who violates the automatic stay has a mistake of law defense.  Pay your bills!  The Law starts at (05:27).

May 12, 2019
Chekhov's Dreadful Gay Rights Cases
45:53

Brett and Nazim are on their best behavior this week, as the episode deals with three LGBT cases that the Supreme Court decided to hear for next term.  The main case R.G. & G.R. Funeral Homes v. EEOC, deals with the interpretation of Title VII regarding sex discrimination, and the episode serves as a primer to more detailed discussion next term.  The law starts from the very beginning, inappropriate jokes are bleeped out, and the Avengers talk is at an all-time low.  Just try not to get to used to it.

May 05, 2019
California v. Nevada Death Match
48:41

The case of California Franchise Tax Board v. Hyatt should be enough for an exciting episode (dealing with federalism, State immunity, and precedent) that Brett and Nazim could stick to the issues, but as all good episodes go, this one takes some twists and turns around cheese talk, disparaging surrounding States, and how to explain Easter to non-Christians.  To that end, the law starts early and goes off track, so if you're really hard up for the law, it starts around (09:06).

Apr 28, 2019
Do You Wanna Hear a Secret?
48:09

This week's episode covers the Freedom of Information Act, and how the Court will look at the pending case of Food Market Institute v. Argus Leader Media, which asks whether or not customer information is "confidential" to bar disclosure under FOIA laws.  In the general theme of secrecy, Brett and Nazim share closely held secrets, like who likes Game of Thrones more, and who drinks Mountain Dew.  Law starts at (07:55).

Apr 21, 2019
The Constitutionality of Vampire Laws
52:01

Look out drunks, because Wisconsin is coming for your blood.  This week's episode covers the case of Mitchell v. Wisconsin, which asks whether the police can take the blood of a passed out drunk driver without a warrant.  Brett and Nazim discuss oral argument in general, previous cases on this topic and which opinion of the Wisconsin Supreme Court is the lesser-est of three evils.  Law starts at (06:05).

Apr 14, 2019
Admin Law Under Attack (???/!!!)
45:21

This week's case covers Kisor v. Wlkie, which specifically questions whether or not Supreme Court precedent that defers to agency interpretations of their own regulations is Constitutional.  This case covers admin law in general, when a Court should overturn precedent, and whether or not the Constitution permits delegating such power to un-elected officials.  Now, just in case that sounds too serious, the words "The Farts Doctrine" comes up more than once.  Law starts at (03:49).

Apr 07, 2019
We're a True Crime Podcast Now
46:33

Brett and Nazim have gone big-time, as this week's episode covers Flowers v. Mississippi, a criminal Batson challenge case that's far more famous for being ripe for podcast commentary.  In place of ephemeral music and gotcha journalism, Brett and Nazim talk about the criminal justice system, Batson challenges, jury selection, and Clarence Thomas talking at oral argument.  Law starts at (06:32).

Mar 31, 2019
Presidential Free-Style
44:33

Hold on to your butts gang, cuz Brett and Nazim are talking THE WALL!  By way of background, Brett is sick with Kathleen Turner voice and Nazim has one foot on the door with busy weekend plans, so this episode is general coverage about whatever the hell is going on with the government these days, and then a quick and dirty look at Iancu v. Brunetti, which covers free speech and the trademark office.....again.  (Law starts at 04:45).

Mar 24, 2019
The Good Guys and Bad Guys of Gerrymandering
53:01

AKA THIS AGAIN.  This week's episode takes a dive into the last four years of gerrymandering cases to suss out what the Court is talking about in the current cases of Virginia v. Bethune-Hill (2019), Lamone v. Benisk, and Rucho v. Common Cause.  Come for the nuanced political discussion, stay to hear how beaten-down Nazim is on this issue compared to four years ago.  Law starts at (07:20).

Mar 17, 2019
It's Dissenting Opinion Season
48:49

This week covers the recent opinions in Timbes v. Indiana (Excessive fines and the Incorporation Doctrine), Madison v. Alabama (Death Penalty Capacity, and Garza v. Idaho (Ineffective Assistance for Appeals), but more importantly, it's time for wild dissents and the Men who love them.  Law starts at (5:00) and Nazim spoils Infinity War and JAWS if you haven't seen it yet.

Mar 10, 2019
Census? They Hardly Knew Us!
48:33

This immaculately titled episode covers the case of Department of Commerce v. New York as a play in two parts.  The first part discusses the policy merits of asking a citizenship question on the census, the second predicts whether the lower court's ruling removing the question will hold up.  Without giving it away, there's a good chance you won't like one of the part.  Law starts at (07:05).

Mar 03, 2019
Booze & Federalism
43:13

In honor of the Verona High School Debate Team (the East Coast's best High School Debate Team obv), Brett and Nazim debate the value of winning a boat, numbers, state flags, bacon, federalism, getting drunk, buying birth control on Amazon, Constitutional Amendments and Tennessee Wine and Spirits Assoc. v. Blair, which asks the Court whether the 21st Amendment supersedes the Dormant Commerce Clause.  Law starts at (11:26).

Feb 24, 2019
Math Fights: Civil Forfeiture
50:57

The case of Timbs v. Indiana poses a very outcome dependent question of whether or not civil forfeiture is unfair and poorly managed, so to keep this podcast interesting, Brett and Nazim go through each argument for and against and assign a numerical value to really see what they think at the end of the day.  The law was supposed to start at (05:06), but it gets side-tracked with DMV stories and truly starts at (09:18).

Feb 17, 2019
The Abortion Cases of Tomorrow, TODAY!
45:49

In response to the Supreme Court's late night session last Thursday, Brett and Nazim discuss the Court's recent injunction of the Louisiana Abortion Statute, and the Court's reversal of a death penalty stay in Alabama for a defendant who was not provided his religious counselor of choice during the execution.  Law starts at (2:00).

Feb 10, 2019
Is Congress Incompetent? A Play in Two Parts
50:41

I know that title is supposed to be a cliff-hanger, but the answer is yes.  In support of such a thesis, Brett and Nazim discuss the Court's holdings in New Prime v. Oliveira and U.S. v. Stokeling, which both discuss how the Supreme Court is generally being used to clean up poorly written statutes.  The play concludes with a great Dr. Pepper analogy.  Law starts (01:52).

Feb 03, 2019
Anti Trust Falls
48:33

This week's episode covers a case that is not even a fraction of as delicious as it sounds, Apple, Inc. v. Pepper, which covers whether Apple is engaging in Anti-Trust violations for how they allow apps on to your iPhone.  This episode goes off the rails early and often, so while the law starts at (05:37), you might miss which host doesn't know how to use Microsoft Excel and which host is a master of the DARK WEB (the answer may surprise you!).

Jan 27, 2019
Hot News From Hot Dudes 2019
48:25

Like all great podcasts, Brett and Nazim have devoted this week's episode to all the topical news stories from two weeks ago, including Ginsburg's health and the practicality of term limits, the Mueller investigation's mystery corporation, and Judge Kav-another-beer's first opinion.  Law starts at (05:20).

Jan 20, 2019
Is This Ineffective Assistance of Counsel, Part 4
44:21

America's favorite game returns, as Brett and Nazim decide whether Garza v. Idaho (can a lawyer override a client's request for an appeal when the client waived appellate rights pursuant to a plea agreement) constitutes Ineffective Assistance of Counsel, along with a few other half-explained scenarios.  The law technically starts from the beginning but them goes on some kind of weird Mozzarella stick tangent before starting again at (09:28).

Jan 13, 2019
Barristers Always Pay Their Debts
49:45

Today's episode covers the specific nuances underlying Obdusky v. McCarthy and Holthus, a case with topics as sexy as the names in its caption, including debt collection, mortgages, and statutory interpretation.  Brett and Nazim spice it up even further by talking about non-legal legal work, rooting for the Eagles in the playoffs today, and Nazim's beloved mason jar.  Law starts at (5:50).

Jan 06, 2019
Decisions, Decisions
32:01

Brett and Nazim celebrate the holiday lull between Xmas and New Years by discussing the recent decisions in Stitt v. US (ACCA interpretation of burglary) and Mount Lemon Fire District v. Guido (ADA interpretation of government agencies), while also vamping about the holiday season.  There's more nonsense at the end the beginning, so if you don't like hearing about how to celebrate New Years, the law ends after the case discussion.

Dec 30, 2018
The Blake Bortles of Supreme Court Cases
45:29

Just in time for the holidays, this week's episode covers the case of American Legion v. American Humanist Association, which asks the Court whether a 93-year-old monument to World War I veterans violates the Establishment Clause because it is shaped like a cross.  The law technically starts at (02:25), but if you're no-fun and the title of this episode isn't intriguing to you, the law starts at (08:00).

Dec 23, 2018
Jam Master Judiciary
53:17

This week's episode takes a long over-due detour into the world of International Law, as Brett and Nazim discuss Jam v. International Finance Corp., which discusses whether or not International Organizations are entitled to the same immunity protections as the Governments that make them up Voltron-style.  Law starts at (05:30).

Dec 16, 2018
The One with Harrison's Homework
50:01

This week's episode centers on a listener email, in which an intrepid college student shared a sample opinion he wrote for Virginia Uranium v. Warren (a case about federal preemption of State law), and now Brett and Nazim have to decide whether to join the opinion outright, write a concurrence, or write a dissent.  Talk about Robots taking over the government starts at (01:40); Law talk starts at (08:24).

Dec 09, 2018
He's the Burglar, I'm the Robber
47:01

This week's episode takes a deep dive into the Armed Career Criminal Act, a Federal Sentencing Enhancement Statute that is regularly before the Supreme Court on interpretation issues.  Brett and Nazim discuss U.S. v. Stitt (Is Burglary of a Mobile Home rreeeeaaallllyyyy burglary?) and Stokeling v. U.S. (Are gentle robberies rrreeaaallllyy robberies??).  Law starts at (5:00).

Dec 02, 2018
Thanksgiving Mailbag Episode
41:15

Brett and Nazim celebrate Thanksgiving early by taking questions from listeners about the law, Thanksgiving, and random things like whether a straw has one hole or two.  The Citizen's Guide to the Supreme Court will return on December 2nd.

Nov 21, 2018
Takings Clause, Civil Procedure, and MAYBE a Cemetary
49:13

This week's episode discusses Knick v. Township of Scott, PA, which on its face deals with the correct forum for Takings Clause cases, but on the sly is probably the best fact pattern we've dealt with so far on the podcast.  The law starts in earnest at (10:06), but this episode generally covers Weird Al, realizing the law is boring, how young Nazim looks, bail bonds, and being a real estate lawyer.

Nov 18, 2018
Sexual, But Also Offensive
54:29

Brett and Nazim cover sex offenders and Separation of Powers in the form of Gundy v. U.S., a case that asks whether Congressional delegation regarding sex offender registration to the attorney general violates the Constitution. The law starts at (06:15), but there's a fair amount of tangents, including some solid Jeopardy talk.

Nov 11, 2018
Trick or Treaties
52:49

This week's episode tips its toes into International Law, and Brett and Nazim discuss treaties and how treaties fit into the hierarchy of domestic law.  This episode also covers two cases involving U.S. treaties, Washington State Licensing Dept. v. Cougar Den and Herrera v. Wyoming.  Law starts at (10:49).

Nov 04, 2018
Trucker Treat
46:57

Break out your Von Dutch hats, it's time to talk Truckers, and by proxy, employment relationships and arbitration clauses.  By popular demand, Brett and Nazim discuss New Prime, Inc. v. Olivera, which covers generally how poorly arbitration clauses are applied across the board.  Law starts at (06:52).

Oct 28, 2018
Top Five Dumbest Issue Statements
44:57

Listen, this episodes a little off the hinges.  The primary case is Frank v. Gaos, which discusses whether class action claims that don't actually give people money are legit, sort of sets the stage for a tangent-filled discussion between tired Nazim and punchy Brett.  The law starts in earnest at (06:32), get side-tracked and basically starts at (14:24).

Oct 21, 2018
Dr. Brett and Mr. Nazim
48:17

This week's episode covers Madison v. Alabama, and whether or not the 8th Amendment bars the execution of someone who lacks mental capacity, but first Brett and Nazim read the single greatest listener feedback we've ever received.  There's no time stamp this week, because the intro is worth your time, and we'll probably be making jokes about it until the end of time.

Oct 14, 2018
I'll Take Confusing Legal Doctrines for 200, Alex
47:33

This week's episode covers Double Jeopardy, and specifically whether the Court will overturn the separate sovereigns doctrine in the upcoming case of Gamble v. U.S.  Brett and Nazim discuss recent Double Jeopardy decisions to see if this case is a secret plot by the government to expand Presidential power, or just strange bedfellows looking to change the law.  Law starts generally at (05:40).

Oct 07, 2018
The Kavanaugh Appointment Episode
49:37

Well hello there.  Considering that Congress has ruined our summer vacation, Brett and Nazim are here early to discuss "Second Best Brett" Kavanaugh's calamity of an appointment before the Supreme Court.  The "law" starts at (03:07), and for the record, I wanted to call this episode "You Give Brett a Bad Name".

Sep 30, 2018
SEASON FINALE LIVE: Fantasy Things Draft 2019
54:09

It's the end of the term, so Brett and Nazim are recording LIVE in front of a studio audience of three in Brett's dining room.  Brett and Nazim draft storylines they think will be popular this time next year, while recapping the Court's term and talking about who is the most famous Bundy (Al, Peg, Ted, or King Kong).  The Citizen's Guide to the Supreme Court will return on October 7th, 2018.

Aug 19, 2018
Finishing Up the Term, Part 2
55:37

Brett and Nazim wrap up the remaining cases of the 2017/2018 term, including Hughes v. U.S. (Whether changes in sentencing guidelines affect C pleas), Rosales-Mireles v. U.S. (Whether standard of review for sentencing mistakes should be ridiculous), Cox v. U.S.(Whether military judges should be fired over technical appointment issues), Sveen v. Melin (Whether Contracts Clause negates statute which changes beneficiaries after divorce), Currier v. Virginia (Whether Double Jeopardy bars severed trial), and Collins v. Virginia (Whether automobile exceptions takes precedence over property rights in the 4th Amendment).  Whew.  Law starts at (10:19).

Aug 12, 2018
Finishing Off the Term, Part One
45:53

Brett and Nazim embark on a marathon session to resolve all the cases that were discussed on the podcast this term.  The first batch covers the "Jan Brady" political cases, in that MVA v. Mansky (whether Minnesota's political apparel ban at election polls is unconstitutional), and Abbott v. Perez (whether Texas' District Maps are a violation of the Voting Rights Act) fell by the wayside in lieu of all the other nonsense this term.  Law starts at (06:50).

Aug 05, 2018
Pri-i-vate Eyes! Are Watching Yooo-uuuu!
53:13

This week's episode is more than just catchy Hall & Oates songs, but instead covers Carpenter v. U.S., a case that discusses how the Supreme Court believes the 4th Amendment applies to cell phone information that discloses your location.  Brett and Nazim debate the evolution of the 4th Amendment and which Justice's approach was most prudent (the answer MAY surprise you!).  Law starts at (04:26).

Jul 29, 2018
Justicability League
48:41

Harken back to the good old days of four weeks ago, when the worst thing going on was Gil v. Whiteford getting dismissed on standing issues and Brett's Netflix being mildly frustrating.  Brett and Nazim (full of youthful vigor) discuss the state of gerrymandering lawsuits going forward, and add in the case of United States v. Sanchez-Gomez, which dismissed a courtroom shackles case on account of mootness.  Law starts at (07:43).

Jul 22, 2018
Intoducing the Second Best Brett
53:01

This week's episode covers the new Supreme Court Justice, "Second Best" Brett Kavanaugh, a Justice who no one knows anything about, but can't help buy try to analyze.  Then, "First Best" Brett and "The One and Only" Nazim discuss South Dakota v. Wayfair and how the Court should approach overruling precedent.  Law starts at (04:38).

Jul 15, 2018
Reproductive Rights vs. Free Speech: Who Ya Got?
51:05

The podcast gets contentious this week, as Brett and Nazim agree to disagree about (1) whether a Big Mac is a club sandwich (up to 10:25), (2) religious justices on the Supreme Court (up to 23:00), and (3) National Institute of Family and Life Advocates v. Becerra, the recent decision holding California's FACT Act, which requires specific disclosures of family planning centers that dissuade abortions, unconstitutional as a violation of the First Amendment.

Jul 08, 2018
All Hell Breaks Loose: A Play in Three Parts
55:41

Yeesh!  Quite a week at the Supreme Court, amiright??  This week's episode covers Anthony Kennedy's Retirement through the lens of Trump v. Hawaii, and Janus v. AFSCME to break down what the future may hold for a five justice conservative majority on the Supreme Court.  Law starts at (08:.....no, just kidding.  It starts from the beginning).

Jul 01, 2018
A Remand By Any Other Name Would Smell as Sweet
52:29

This week's episode is all about REMANDS; including what they are, how they work, how a lower judge should consider a remanded case, etc.  Brett and Nazim discuss Upper Skagit Indian Tribe v. Lungren (does sovereign immunity apply to in rem actions) and Byrd v. U.S. (do persons unnamed on a rental agreement have privacy rights in a rental car) and how those remands speak to the Court's control over lower appellate judges.  Law starts from the beginning, as you get to hear Nazim's reaction in real time to the Court's decision in Gil v. Whitford (which we will talk about next week).

Jun 24, 2018
How Big of a Deal is This?
51:25

This week's episode covers three big questions.  (1) How big of a deal is the decision in Husted v. A. Phillip Randolph Instit.(can Ohio purge old voter rolls, (2) How big of a deal is the decision in McCoy v. Louisiana (can a criminal attorney admit guilt over a defendant's objection), and (3) What's a big deal when it comes to the Supreme Court (you know, like what is a "big deal" exactly??)  Nazim's metaphor game is particularly strong in this one btw.  Law starts at (07:14).

Jun 17, 2018
The Masterpiece Cakes Decision is Terrible
48:57

This week's episode covers the recent decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission, a case which balanced the value of anti-discrimination statutes against the religious protections of the First Amendment to figure a compromise that likely everyone hates.  Law starts at (04:37)

Jun 10, 2018
Arbitration Beats Worker's Rights
51:29

This week's episode covers the recent decision in Epic Systems v. Lewis, which can be more aptly stated as Overly Power Arbitration Act v. Sensible Worker's Rights Requests.  Brett and Nazim break down the basis for the decision, debate judicial activism, and talk about why Weezer sucks.  Law starts at (05:14).

Jun 03, 2018
New Jersey Beats the Federal Government
52:57

This week's episode covers the improbable case of Christie v. NCAA, where New Jersey's second bite at legalizing State gambling actually worked, and now Federal Gambling laws are unconstitutional.  Brett and Nazim celebrate this brand new world by setting odds for one-on-one fights between Supreme Court Justices.  Law starts at (04:15), but it takes a while to get focused.

May 27, 2018
Trump and the Travel Ban
51:29

Brett and Nazim celebrate their 200th episode (!!!) the only way they know how, by talking about food for way too long, going on a weird tangent about the Mueller investigation that dovetails into the shady side of corporate law, and finally landing on Trump v. Hawaii, the travel ban case that asks the Supreme Court to gauge how prejudiced the President is allowed to be before we do anything about it.  Law starts at (11:50).

May 20, 2018
Judge Dredd
46:01

This week's episode covers judges, and more specifically judicial mistakes currently before the Supreme Court.  Brett and Nazim discuss Rosales-Mireles v. U.S, which basically covers how the Court should approach math problems, and Dalmazzi v. U.S., which discusses the current applicability of Civil War military appointment statutes.  Law starts at (04:30).

May 13, 2018
Interesting Things the Week After 4/20
50:29

This week's episode covers oral arguments and recent decisions with varying degrees of stakes.  Brett and Nazim discuss Abbott v. Perez (which might decide the fate of modern democracy) Jesner v. Arab Bank PLC (which may facilitate terrorism), SAS Institute v. Matal (which deals with paperwork), and Trump v. Hawaii (which has something to do with the President).  Law starts at (04:18).

May 06, 2018
Decisions in Microsoft and Dimaya
51:09

This week's episode covers two recent decisions by the Court, including Microsoft v. U.S. (where the Court determined the dispute was moot after passage of the CLOUD Act), and Dimaya v. Sessions (where the Court invalidated the Immigrant Removal Act on grounds of vagueness under the Due Process Clause).  Law starts at (08:48), but you'd be missing some pretty dope NASA talk.

Apr 29, 2018
How Punk Rock Is It To Sue the Government?
46:41

Maybe a 6 out of 10?  Depends on how you feel about lawsuits destined to fail, since this week we are covering sovereign immunity and the inherently futility of trying to hold the government accountable for bad actions.  Brett and Nazim discuss the cases of Kisela v. Hughes (do police get qualified immunity for shooting people?) and Lozman v. City of Riviera Beach (can the government stop your free speech rights by arresting you if you kind of deserve to be arrested).  Law starts at (05:50).

Apr 22, 2018
Double Double Toil & Trouble
41:35

This week's episode covers double jeopardy, a legal concept that should be easy, but technical legal rules have made complicated and kind of boring.  To that end(!!), Brett and Nazim spice up the case of Currier v. Virginia, where the Court has to determine whether a severed charge can be tried following an acquittal.  Law starts at (07:09), but before them Nazim talks about how he thinks he could be the Bachelor, sooooooooo skip at your own peril.

Apr 15, 2018
Family Court War Stories
44:59

This week's episode tackles the wild and unpredictable world of Family Court, where everyone is nuts and there are no rules.  Brett and Nazim cover the case of Sveen v. Melin, where the Court is asked whether a revocation upon divorce statute automatically changes a life insurance beneficiary retroactively, or if people have to still do it themselves.  Law starts at (06:00).

Apr 08, 2018
A Heaping Buffet of Precedent Talk
41:57

This week's episode, which was intended to a brief discussion on Hughes v. U.S. to compensate for Brett's lost voice, quickly turned into a more substantive discussion on plurality opinions, sentencing guidelines and actual buffets.  So the title isn't really a joke, cuz like the last ten minutes is legit all about buffets.  The law starts at (03:36), but if you hate food talk, feel free to bail around the time Brett talks about eating oysters at the Chinese buffet.

Apr 01, 2018
The Fact Act Gets Wacked??
45:25

First off, this week's episode covers the case of National Institute of Family and Life Advocate v. Becerra, which decides whether or not a California Statute (the FACT Act) that requires specific disclosures of Reproductive Family Centers violates the First Amendment.  Brett and Nazim have a brief crash course on general abortion rights under the Constitution and then cover why the statute may end up a 1-1 tie.  Secondly, I think we did a really good job with the title of the podcast this week.  Law starts at (03:11).

Mar 25, 2018
Gray Clouds and Silver Linings
46:15

This week is a total bummer, as Brett and Nazim cover two cases, Microsoft Corp. v. U.S. (dealing with the U.S. jurisdiction to seize digital assets overseas) and Janus v. AFSCME, Council 31 (aka the Unions)(dealing paying union dues when you're not the union), that depending on how you feel about privacy or organized labor could be a real downer.  Brett and Nazim look on the bright side of both cases, by either arguing why the good side should win or why it won't be a bad thing if they lose.  (Law at 5:20).

Mar 18, 2018
Decisions in Jennings and Patchak
54:01

We're live from Brett's living room today, as Brett and Nazim go old school to explain why immigrants don't have bail hearings (Jennings v. Rodriguez), why Congress can decide cases for the Courts (Patchak v. Zinke), and why podcasters shouldn't eat while recording.  Law starts at (03:10).

Mar 11, 2018
Decisions in Class, Somers, and Murphy
48:19

This week's episode is covers a slew of recent decisions dealing with guilty pleas (Class v. U.S.), statutory interpretation (Digital Realty Trust v. Somers), and math (Murphy v. Smith).  Brett and Nazim discuss each decision and focus on whether or not the facts of the case matter when dealing with bad statutes.  Law starts at (03:22).

Mar 04, 2018
The One SCOTUS Case That May Cost You Money
46:37

That's right folks!!  The Supreme Court is coming after your precious Amazon purchases, as the case of South Dakota v. Wayfair, Inc. will decide whether adding State taxes to online purchases violates the Dormant Commerce Clause.  Brett and Nazim discuss Federalism and the DCC at length, brag about living in a State that will be unaffected by the whole ordeal, and sing a weird amount.  Law starts at (04:17).

Feb 25, 2018
It's Always Sunny in Philadelphia
45:05

This week Brett and Nazim are "peak Brett and Nazim", as the Brett crows about the Eagles winning the Super Bowl and Nazim discusses how to improve voting districts.  In addition to covering the recent Pennsylvania Supreme Court decision which declared the district maps unconstitutional, the case of Minnesota Voters Alliance v. Mansky is also discussed, which covers whether statutes banning political apparel at voting stations violate the First Amendment.  The law technically starts at (06:48), but there's some turbulence until like the ten minute mark.

Feb 18, 2018
Thomas Hates House Parties (and Overturning Death Penalty Convictions)
51:33

This week's episode welcomes back Nazim by covering recent decisions issued by the Court.  It's a banner week for Clarence Thomas, as in one case he ruins a house party (D.C. v. Wesby), and the other involves he discounts an incredibly racist juror affidavit (Tharpe v Sellers).  Law starts at (07:20).

Feb 11, 2018
GUEST EP: Native American Law and Water Rights
54:01

Nazim's still on vaca, so Brett is joined by special guest Penni, who comes on to share background in Native American law in the United States, cover a specific case concerning tribal immunity (Upper Skagit Indian Tribe v. Lungren), and try to breeze through two water rights cases (Texas v. New Mexico and Colorado & Florida v. Georgia).  Law starts at (12:36).

Feb 04, 2018
GUEST EP: Voter Disenfranchisement and Gerrymandering
51:47

With Nazim on vacation, special guest Lindsey (@DCInbox) joins Brett to discuss cases that deal with voter disenfranchisement (Husted v. A. Phillip Randolph Institute) and gerrymandering (Abbott v. Perez).  Law starts at (13:20) and Lindsey makes midterm predictions at the end.

Jan 28, 2018
Is This Ineffective Assistance of Counsel? (Part III)
48:23

This week's episode is all about mistakes, as lawyers and podcasters.  Brett and Nazim center this episode around McCoy v. Louisiana, which asks whether or not an attorney who concedes guilt during a First Degree Murder trial has violated his client's Constitutional right to an attorney.  This episode covers the standard for ineffective assistance of counsel, goes through a few examples, and even covers a short background on Louisiana law, but first and foremost, Brett and Nazim discuss probably the greatest listener comment we've received.  Law starts at (05:56).

Jan 21, 2018
Supreme Court Sesame Street
44:15

"V" is the letter of the day today, as we are covering VOCABULARY this week on the Citizen's Guide to the Supreme Court.  Brett and Nazim cover three current cases which debate the meanings of statutory text, including Murphy v. Smith (how much is 25%?), Digital Realty Trust v. Somers (what is a whistle blower?), and SAS Institute v. Matal (what is a final written decision?).  Law starts at (04:25).

Jan 14, 2018
Just Get a Damn Warrant
47:21

This week's episode covers the Fourth Amendment, and specifically why police officers should err on the side of getting a a warrant to avoid cases being taken to the Supreme Court.  Brett and Nazim cover Collins v. Virgnia and Byrd v. U.S. (starting at 19:20), but not before discussing the Constitutionality of anti-homeless legislation (starting at 5:47) and why the Benjamin Button movie sucks (that's from the jump, homie).

Jan 07, 2018
WWJND (What Would Judge Neil Do)?
45:33

We're going back in time a bit this week to cover the cases of Sessions v. Dimaya and Jennings v. Rodriguez to discuss how Judge Neil's originalist sensibilities will impact two cases from last term that deal with immigration removal statutes.  Additionally, Brett laments the loss of Carson Wentz and predicts hell fire and brimstone if the Eagles win the Super Bowl.  Law starts at (04:42).

Dec 31, 2017
Holiday Mailbag Episode
32:25

In this holiday mailbag episode, Brett and Nazim debate the Establishment Clause, answer listener questions, and talk about why eggnog is gross.  Happy holidays, and we will see you next Sunday.

Dec 22, 2017
The Gang Solves the Masterpiece Cakes Crisis
51:21

This week's episode covers Masterpiece Cake Shop v. Colorado Civil Rights Commission and specifically the oral arguments that took place a week ago and terrified everyone of the outcome.  Brett and Nazim take the approach of trying to find a compromise for this case that will (1) not invalidate all discrimination laws, and (2) not result in people ordering offensive cakes to prove a point.  It's a delicate balance that hopefully the Court will handle more efficiently.  Case in point, law starts at (03:04).

Dec 17, 2017
Alien v. Predator, Inc.
47:55

This week's episode covers the Alien Tort Statute and the current case of Jesner v. Arab Bank, which covers whether a corporations can be liable under said Alien Tort Statute.  Brett and Nazim also relish their Web 100 nomination by the ABA and discuss the appropriate amount of relishing one should do when reading about attorneys getting disciplined.  Law starts at (05:50).

Dec 10, 2017
Guilty Pleas and Thank Yous
39:43

This week's episode covers guilty pleas, from the practical (why the ubiquity of guilty pleas makes sense but mostly furthers the unfairness of the criminal justice system), to the theoretical (the current case of Class v. U.S., which broadly covers whether a guilty plea waives your right to challenge the Constitutionality of the underlying charge).  Law starts at (03:50).

Dec 03, 2017
Thanksgiving Mailbag Episode
23:11

To celebrate arguably the best holiday, Brett and Nazim take listener questions about who would be the worst judicial Thanksgiving Day guest, Presidential Turkey Pardons, and actual legal questions at the end.  Happy Thanksgiving; and otherwise, we will see you next week.

Nov 22, 2017
Who Let the Lawyer Dawgs Out?
46:25

This week's episode covers Miranda Rights, from the ridiculous (the Louisiana Supreme Court holding that a defendant's request for a "lawyer, dog" was not an equivocal invocation of Miranda rights) to the sublime (City of Hayes v. Vogt in which a police officer's incriminating statements in a job interview were used against him in a pretrial hearing).  The law starts from the beginning, but Vogt specifically starts at (24:43).

Nov 19, 2017
Citizen's Guide to House Parties
45:15

This week's episode covers District of Columbia v. Wesby, a case that appears super interesting at a surface level (house-parties, cops, possible strippers), but is sort of boring a few meters deep (probable cause, qualified immunity, mens rea).  Brett and Nazim get into the details, but not before breaking out a 8 movie bracket to determine the best house party movie of all time.  Law starts at (03:40), House Party nonsense from (11:19-23:05).

Nov 12, 2017
Nazim's Gerrymandering Birthday Extravaganza
55:03

This week's episode celebrates both Nazim's birthday and the death of American democracy.  Depending on how you feel about the Supreme Court and its inherent authority, the case of Gil v. Whitford could substantially impact politics and voting throughout the United States, or could be another missed opportunity by the Court to fix a systemic problem in our government.  Brett and Nazim discuss general gerrymandering issues, how this case will likely play out, and give Nazim a soapbox at the end to discuss why all districting is terrible.  Law starts from the beginning.

Nov 05, 2017
Work Sucks
47:51

This week's episode celebrates everything that is terrible about gainful employment.  Brett and Nazim spend the first part of the episode disincentivizing you from wanting to become a lawyer by sharing stories about the profession, and then cover the case of NLRB v. Murphy's Oil (also Epic Systems v. Lewis & Ernst and Young v. Morris), which discuss whether the National Labor Relations Act supersedes the National Arbitration Act by providing a right to class actions for employees who sign mandatory employment arbitration agreements.  Case discuss starts at (13:08).

Oct 29, 2017
Cell Phones and the 4th Amendment
47:59

This week's episode covers Carpenter v. U.S., which covers whether or not 4th Amendment protections apply to your cell phone records, so if you're a fan of privacy arguments, feeling paranoid about the government spying on you, the latter episodes of the Serial podcast, or new ways that the movie Scream has been made moot by technology, this episode is right in your wheelhouse.  Law starts at (03:34).

Oct 22, 2017
Federal Govt. v. New Jersey: Who Ya Got??
50:11

So check it out.  The intent with this episode was to have a short, slick analysis of Christie v. NCAA, which is both about gambling and federalism, but things almost immediately devolved in talk about fried chicken, Joe Arpaio, Separation of Powers, and Brett's gambling conspiracy theories.  It's not all nonsense by any means, but if you're hear just for New Jersey's terrible legal arguments, that starts at (25:36).

Oct 15, 2017
Legislature v. Courts: Who Ya Got??
37:21

This week's episode covers the case of Patchak v. Zinke, which on a small scope covers whether or not the government can force you to live next to a casino, but on a broader scale deals with who wins in a fight, the branch of government filled with mostly old white people who are out of touch with the average person, or the other branch of government who's like basically the same thing.  Law starts at (04:06).

Oct 08, 2017
What We Did On Our Summer Vacation
48:05

This week's episode covers three big happenings from the podcast's summer vacation.  First, Brett and Nazim discuss the 9th Circuit's expansion of the "bona fide" relationship test, the new solicitor general, and then in a stunning twist of dramatic irony, discuss the term mootness and how the Travel Ban case may end up dismissed.  Law starts at (03:14).

Oct 01, 2017
The 2016/2017 Season Finale Extravaganza!
54:53

This week's episode marks the end of the 2016/2017 term for the podcast, and to close the book on this season Brett and Nazim discuss cases that were not selected for next term (starting at 03:46), interview the winner of last year's Supreme Court fantasy league to get secrets on how to win next year (starting at 17:56), and finally take listener questions about the term in general (starting at 37:40).  Brett and Nazim are taking a short break, and will be back on October 1st.

Aug 27, 2017
The Impeachment Episode
43:19

Yo, how pumped are you right now?  In this week's episode, Brett and Nazim discuss the history and procedure of impeachment for federal government employees, including how it works (i.e. Congress), what standards are used during the process (i.e. basically none), and the likelihood that it happens to the current president (i.e. probably not).  Did that last line kill your buzz?  Sorry, dude. It'll be OK.  There's some jokes about bacon if that helps. Law starts at (02:35).

Aug 20, 2017
The Lawyer's Guide to the Supreme Court
47:51

This week's episode takes a practical look at the law to see how three cases influence practicing lawyers on a day to day basis.  As they often do, things went on and off the rails, so this week's episode breaks down as follows:

(0:00-02:40) - How is Nazim/How you will know the podcast has ended.

(02:40-19:20) - Attorney check-in/What judges do/Brett and Nazim are bad restaurant employees

(19:20-end) - Lee v. U.S. (is a guilty plea reversible when the lawyer gives wrong info about deportation), Goodyear Tire & Rubber v. Heager (must attorney fee sanctions be causally related to the bad conduct) and Midland Funding v. Johnson (are time-barred filings in bankruptcy court a violation of the FDCA).

Aug 13, 2017
Every Gorsuch Vote from 2017 Analyzed
49:37

This week's episode takes a look back at every 2017 case where Justice Gorsuch submitted a vote to gauge how conservative the new Justice is in respect to the rest of the bench.  Brett and Nazim discuss what it means to be "conservative" and/or "liberal", and how the outcome of certain cases can reflect differently on the ideology that supports that outcome.  You won't believe it, but the law starts from the very beginning.

Aug 06, 2017
The Citizen's Guide BuzzFeed Quiz: Which Justice Are You?
16:19

In this mini-episode, Brett gives Nazim a Buzzfeed style quiz to determine which Supreme Court justice he most resembles.  If you are starved for similar insight, please visit our twitter, facebook and/or website to learn your judicial spirit animal.

Aug 03, 2017
Is This an Unreasonable Extension of the Law?
42:59

This week's podcast plays a game of whether three recent Supreme Court decisions are unreasonable extensions of the law for the travel ban (Trump v. Hawaii), eminent domain (Wisconsin v. Murr), and Brady material (Turner v. U.S.).  For each case, Brett and Nazim try to figure out if the law has changed, and whether each decision could lead to ridiculous outcomes in the future.  Law starts at (01:24).

Jul 30, 2017
The President (Probably) Can't Pardon Himself
07:39

Brett and Nazim discuss the recent story that President Trump wants to pardon himself, and while they agree he probably can't, they disagree on why not.

Jul 25, 2017
Trump, Lies, and Videotape
43:49

This week covers a trio of issues both generally and specifically related to the Trump Presidency.  Brett and Nazim cover (1) the legal ramifications of the Donald Trump Jr. email scandal, (2) the Supreme Court's ruling im Maslenjak v. U.S., which considered the materiality of falsehoods on an immigration application, and then (3) the case of Husted v. A. Phillip Randolph Institute, a case for next term which considers whether Ohio can purge registered voters who fail to vote for six years.  Law starts at (03:54).

Jul 23, 2017
The Tumultuous History of Bivens Claims
57:09

In 1971, the Supreme Court established the Court's ability to create an independent tort claim for Constitutional violations when no such claim was created by Congress.  Over 40 years later, the Court is still trying to put the genie back in the bottle, most recently with the Court's holding in Ziglar v. Abasi, which denied Guantanamo Bay detainees the right to sue government agents.  Brett and Nazim go through the history of Bivens claims and how the current Court has changed the original test.  Law starts generally from the beginning, but Bivens specific at (07:00).

Jul 16, 2017
Third Annual Summit on Guns: Police Edition
49:33

Good new for this week's podcast, there's a new fantasy Supreme Court champ, bad news for this week's podcast, the police are shooting people.  This week's ushers in our Third Annual Summit on Guns by covering the cases of Hernandez v. Mesa (shooting across the Mexican border), and Los Angeles v. Mendez (shooting after not adequately announcing you were police).  Fantasy announcement starts at (03:05); Law starts at (07:37).

Jul 09, 2017
The Worst Monday Morning for Liberals Since Mad Men Ended
44:41

Monday was a bad day for the KGB Spies, as the Supreme Court decided to hear the Travel Ban case, modified the existing stay, and gave kids attending a church day care a significantly less chance of cracking their skulls open.  Brett and Nazim sift through the wreckage to determine if the amended stay of the Travel Ban is more harm than good, and whether Trinity Lutheran is a blatant Constitutional violation or just a sign of the times.  Law starts at (03:47).

Jul 02, 2017
We Don't Know if Kennedy Will Retire Either
24:49

Brett and Nazim wrap up the final day of the Supreme Court term by discussing Anthony Kennedy's possible-but-maybe-not-but-probably-someday-before-the-apocalypse retirement, the same-sex birth certificate decision of Pavan v. Smith, and how a newly balanced Court might affect Roe v. Wade.

Jun 27, 2017
The Shape of Free Speech to Come
50:47

This week's case covers how First Amendment Free Speech protections have adapted to internet communication (Packingham v. North Carolina) and evolving views on racism and hate speech (Lee v Tam), through two cases that are just as much about about Constitutional tests as they are about Alito and Kennedy telling each other to shut up.  Law starts at (04:12).

Jun 25, 2017
9th Circuit Addendum to the Travel Ban Episode
26:21

Brett and Nazim re-visit the Travel Ban to discuss whether the 9th Circuit's non-Constitutional approach holds more water than the sexier Establishment Clause arguments of the 4th Circuit.

Jun 21, 2017
Travel Ban Appeal and the Bummers of Gender Equality
39:23

This week's episode takes a long detour through the Supreme Court's potential review of the Travel Ban at the highest level, with Brett and Nazim discussing each potential Justices view on the appeal and staying the lower order.  The case of Sessions v. Morales-Santana is also covered, which pairs an interesting discussion on intermediate scrutiny with a bummer ending that ruins it for everyone.  Law starts at (05:43), with a bad-ass Sam Neal/Michael Chrichton discussion around  (14:00).

Jun 18, 2017
Wonder Woman, GRAVE DIGGING, and Four Case Results
52:47

The podcast celebrates Brett's birthday this week by haphazardly covering Wonder Woman (the movie), Wonder Woman (the gender quality lawsuit), digging bodies up out of a graveyard, the availability of State Codes on Google, Tyrell v. BNSF Railway (personal jurisdiction and Ginsburg/Sotomayor fighting), Laroe Estates v. City of Chester (intervention and standing), Bitchin' Camaros, Home Alone and Die Hard as Christmas movies, Honeycutt v. U.S. (joint and several liability in conspiracy convictions), Advocate Health Care v. Stapelton (ERISA coverage for church-affiliated business), and Nazim's harsh review of the Thomas the Tank Engine movie.  "Law" starts at (04:09), but its a bumpy ride.

Jun 11, 2017
Racial Gerrymandering, Plus Like Four Hunger Games Tangents
57:37

This week's episode covers the case of Cooper v. Harris, a recent Supreme Court case which decided (1) when a State could use the Voting Rights Act as an excuse for racial gerrymandering and (2) when a State impermissibly used race as a factor for gerrymandering as opposed to permissibly using political affiliation.    This week's episode also covers the movie The Hunger Games, a recent trilogy of movies that botched the third installment, of which Brett and Nazim ruin the ending.  Law starts at (04:41).

Jun 04, 2017
All Rise for the Mailbag Episode
47:33

This week's episode covers a hodgepodge of listener questions including (02:45) Bill Cosby and the marital privilege, (13:59) modern takes on the Third Amendment, (16:23) cheese steaks and the prosecutor's role in mass incarceration, (26:28) Presidential nepotism and conflict of interest laws, (30:53) double jeopardy and why you should register your car, (33:19) Equal Protection and free tuition residency requirements, (35:53) the Nobility Clause, (40:03) video game movies and partisan hi-jacking of the Supreme Court, (42:06) the future of admin law and Chevron, and (44:13) why you shouldn't go to law school.

May 28, 2017
Ding! Dong! The Voter ID Laws Are Dead (kind of)!
45:47

This week's episode covers the recently dismissed case of North Carolina NAACP v. McCrory, v. Harris, v. Whatever Republicans Want to Stand Up for Racist Gerrymandering, which includes how influential the case would have been on the more wide-spread problem of non-racist gerrymandering, and what we can take away from Roberts' short opinion disavowing any value from the dismissal.  The topical law above starts at (08:29), but Brett and Nazim also talk about how you can get arrested for laughing at Jeff Sessions starting at (0:57).

May 21, 2017
The Gay Rights Cases of Tomorrow.....TODAY!!
50:07

This week's podcast covers two gay rights cases that will likely be before the Supreme Court next term.  The first is Hively v. Ivy Tech Community College, which asks whether Title VII (Brett calls it Title IX because he is terrible at roman numerals) bans sexual orientation discrimination, and the second is Masterpiece Cakes v. Colorado Civil Rights Commission, which asks whether a Colorado statute banning private sexual orientation discrimination violates the First Amendment.  Law starts at (08:40).

May 14, 2017
GUEST EP: Congress and the ACA Repeal
30:37

Brett is joined by special guest Lindsey (@DCInbox) to cover the House of Representatives passage of the American Health Care Act, including the likelihood of passage through the Senate, current communication from both sides of the aisle, and how the preexisting condition components implicate federalism and State's rights.

May 10, 2017
Miami, Venezuela, and West Coast Sanctuary Cities
48:09

This week's episode covers topical legal vacation spots, including (a) why Miami likely won the battle but lost the war, in Bank of America v. City of Miami (b) why Venezuela benefited off annoying lawyer tricks in Venezuela v. Helmerich and Payne, and (c) why San Francisco, Santa Clara, and other sanctuary cities benefited from poor document drafting in Trump v. Santa Clara.  Law starts at (04:01).

May 07, 2017
The Constitutionality of Immigrant Removal Statutes
48:33

This week's episode covers two cases, Sessions v. Dimaya & Esquivel-Quintana v. Sessions, which cover the Constitutionality and fairness of removal statutes that require deportation on statutory grounds.  Law starts at (09:18), but you'd be missing discussions on French politics and a special guest appearance by Nazim's wife Katya, who discusses some helpful men's fashion tips for the summer.

Apr 30, 2017
Results in Nelson, Manrique, & AK Death Penalty Appeals
16:49

This mini-episode covers the recent opinions in Nelson v. Colorado, Manrique v. U.S, and the Court's recent denial of Arkansas Death Penalty Appeals.

Apr 25, 2017
Civil SCOTUS Lightning Round
39:07

With the 2016/2017 term plodding toward its conclusion, Brett and Nazim discuss a few civil cases that fell through the cracks, including Lewis v. Clark (covering tribal sovereign immunity for casino employees), Microsoft Corp. v. Baker (weird civil procedure moves in class action lawsuits, and Town of Chester v. Laroe Estates (intervention standards when you hate your municipality).  Law starts at (05:32).

Apr 23, 2017
When Can An Airline Forcibly Drag You Off the Airplane?
38:45

Things have been pretty serious lately, so this week's episode takes a leisurely detour into the legal implications following United Airlines forcibly dragging a passenger off the plane, which discussions on include contract law, the FAA's agency authority, trespasser liability, and somehow Ralph Nader.  Spoiler Alert, the law mostly favors the airline and the law starts at (15:40!), so lets be careful out there, folks!

Apr 16, 2017
Three Opinions and a Gorsuch
58:17

What started as a late night podcast covering Manuel v. City of Joliet (Ted Danson), SW General v. NLRB (Steve Guttenberg), and Moore v. Texas (Tom Selleck), ended up becoming a deeper discussion about judicial discretion and the Supreme Court nomination of Neil Gorsuch (the baby).  Law starts at (04:21).

Apr 09, 2017
The Most Exciting Podcast Ever About Personal Jurisdiction
49:59

This week's episode covers a topic that will either (a) make you think differently about an important component of the American civil justice system, or (b) make you bored and confused.  Brett and Nazim are hoping for the former as they cover general personal jurisdiction concepts, why law students are afraid of personal jurisdiction, and how all that comes together in the case of BNSF Railway Co. v Tyrell.  Law starts at (08:39).

Apr 02, 2017
Your Right to an Equally Flawed Expert in Criminal Court
49:47

In this week's episode, Brett and Nazim discuss the importance of tuna melts, debate the fairness of Public Defender funding, discuss the scope of Ake v. Oklahoma, and finally land on McWilliams v. Dunn, a case that not only covers whether an indigent defendant is entitled to an independent expert in a criminal case, but also perfectly sums out the contrary points in Brett and Nazim's criminal law jurisprudence.  Law starts at (06:06).

Mar 26, 2017
Travel Ban II: The Trumpire Strikes Back
25:27

In this week's mini-episode, Brett and Nazim debate the District Court of Hawaii's recent opinion striking down the newest iteration of Trump's Executive Order Travel Ban.

Mar 22, 2017
The Big Business of Criminal Convictions
41:43

This week's episode covers three cases that deal with how the criminal justice system makes money off criminal convictions, which include Nelson v. Colorado (whether the government has to refund your fees if you are later found guilty), Manrique v. U.S. (whether an appeal has to be amended if you want to appeal a subsequently determined monetary penalty) and Honeycutt v. U.S. (whether co-conspirators are jointly and severally liable for foreseeable profits from the conspiracy).  Law starts at (04:38).

Mar 19, 2017
Three Questions about Hernandez v. Mesa
42:41

This week's case, Hernandez v. Mesa, untangles the procedure hurdles that result when a U.S. government official standing on U.S. soil shoots and kills a Mexican citizen standing on Mexican soil.  Brett and Nazim discuss three big procedural hurdles, and why twenty feet in either direction make this case a lot easier to resolve.  The law starts at (09:30), but please start at (06:26) if you live in the Bay Area and don't want to hear about cool countries you can party in at age 19.

Mar 12, 2017
Chili Cheesesteaks, Trans Rights, and Racist Jurors
22:25

Today's mini-episode covers the recent decisions in Glouchester County School Board v. G.G. and Pena-Rodriguez v. Colorado, which were both resolved earlier this week.  Brett and Nazim also debate the merits of the "chili cheesesteak" and request very specific listener feedback on a question entitled "Beef on beef?"

Mar 09, 2017
Results in Buck & Frye, Updates in Tam & G.G.
50:39

A lot happens in the Supreme Court, and this episode fills in the gaps for cases where changes have occurred over the last few weeks.  First, Brett and Nazim discuss the recent decisions in Buck v. Davis (is a racist expert grounds for IAC), and Frye v. Napoleon Schools (can a student file under the ADA for the schools' lack of accommodation), then the cases of Lee v. Tam (can you trademark racist rock band names) and Glouchester County v. G.G. (transgender bathroom case) are updated.  There was a weirdly high number of curse words in this one, but they have been unconstitutionally beeped in post-production.  Law starts at (4:00).

Mar 05, 2017
Miami v. the Banks
51:13

This week's episode covers the legal adventures of Will Smith's favorite city, as City of Miami v. Wells Fargo & City of Miami v. Bank of America covers whether or not a municipality can sue mortgage lenders for causing the late-2000s housing crisis under the Fair Housing Act.  Brett and Nazim discuss whether or not standing, proximate cause, or damages will pose problems for Miami's lawsuit and also share their favorite Fresh Prince songs.  Law starts at (03:30).

Feb 26, 2017
The Right to Bail in Immigration Cases
48:11

This week's episode covers a popular topic, the government's power to make rules regarding immigration, but from an entirely different angle.  This week's episode covers the case of Jennings v. Rodriguez, which asks the Court to decide whether or not non-citizens are entitled to the same bail rights as U.S. citizens.  Brett and Nazim cover the background of bail and why inconsistent precedent make this case more about judicial activism than anything else.  Law starts immediately, with a few tangents about beer and travel later on.

Feb 19, 2017
Emoluments Clause Family Feud
22:25

Today's mini-episode covers the bleak prospects of the private lawsuit against President Donald Trump under the Emolument's Clause, an obscure part of the Constitution that is probably at the peak of its general relevancy.  Brett and Nazim cover the main deficiencies of the lawsuit and discuss why it will likely not be successful going forward.

Feb 16, 2017
Trump Loses in the 9th Circuit
51:35

This week's episode continues the trend of President Trump hijacking our podcast, covering the recent Ninth Circuit decision in Washington v. Trump, which upheld the TRO preventing enforcement of Trump's Executive Order.  Brett and Nazim cover the 5 major points from the decision and predict whether or not the Supreme Court has the interest in reversing, or even hearing, any of the government's arguments at the higher level.  Law starts at (1:47).

Feb 12, 2017
Who is Judge Neil (Gorsuch)?
44:31

This week's episode discusses the merits of Donald Trump's new SCOTUS pick, who Brett and Nazim have affectionately nicknamed "Judge Neil".  Brett and Nazim discuss Judge's Neil's judicial background, the appropriate response for Democratic politicians looking to block the appointment, and Brett shares one of the many stories that will prevent him from ever sitting on the Supreme Court bench.  Law starts at (03:10).  Also, the intent was to also cover the Emolument's Clause and respond to some feedback on the Executive Order, but we will cover that in a separate episode.

Feb 05, 2017
Donald Trump's Executive Order on Immigration
37:09

Today's episode covers the controversial Executive Order by Donald Trump, which bars the entry of certain foreign citizens to the United States, and the subsequent lawsuits filed by the ACLU.  Brett and Nazim cover the specifics of the Order and whether different elements are dumb (things that are protected against by Separation of Powers), a bummer (things that are legal but not how you would like them done), or dangerous (things that are a non-hyperbolic threat to democracy).  Enjoy!!

Feb 01, 2017
GUEST EP: The Affordable Care Act Repeal
44:25

With Nazim on vacation, this week's episode features special guest Lindsey C. (@DCInbox), who monitors Congress and Congressional communications for her website DC Inbox.  Lindsey and Brett discuss the logistics and timeline for an Affordable Care Act/Obamacare repeal, new Supreme Court appointees, and current Supreme Court cases on districts and the Voting Rights Act.

Jan 29, 2017
Is This Ineffective Assistance of Counsel, Part 2?
50:33

This week's episode runs back America's favorite game, where Nazim tries to guess whether or not horrible lawyer mistakes automatically entitle defendants to new trials.  Brett and Nazim also cover the case of Lee v. U.S., where an immigration attorney forgot to inform the client that a guilty plea would result in deportation, and Buck v. Davis, where an attorney put on an expert that shared horribly racist opinions with the jury.  Law starts at (03:31).

Jan 22, 2017
Revenge of the Enemy Combatants
41:21

The War on Terror takes a weird turn this week, as Brett and Nazim cover the cases of Ziglar v. Abbasi, Turkmen v. Abbasi, & Ashcroft v. Abasi, which decide whether or not enemy combatants who were wrongfully detained at Guantanamo Bay may sue government officials for civil damages.  Law starts at (06:19).

Jan 15, 2017
A New Take on Police Shootings
21:23

In this mini-episode, Nazim checks in from across the pond to discuss White v. Pauley, the Court's new test for imposing civil liability on government officials, and the mechanics of eating oneself to death.

Jan 11, 2017
SCOTUS Takes On Our Clogged Toilet Government
48:55

When history looks back on the case of NLRB v. SW General, Inc., it will serve as a weird time capsule for our current government, featuring bipartisan passive aggressiveness, poor statutory construction, and Congress doing nothing.  Brett and Nazim untangle this mess while also covering the failed lawsuit to appoint Merrick Garland and the potential undoing of the filibuster.   Law starts at (04:45).

Jan 08, 2017
Handing Over the Smoking Gun
43:59

This week's episode covers Brady material, which is a fancy way of describing exculpatory evidence that prosecutors are Constitutionally required to hand over to criminal defendants prior to trial.  Brett and Nazim discuss the origins of this doctrine and how that impacts the current cases of Turner v. U.S. and Overton v. U.S.  Law starts at (04:45).

Jan 01, 2017
Have a Happy [Establishment-Clause-Approved] Holiday
52:17

This week's episode covers whether or not Christmas displays are a violation of the Establishment clause, by going through cases like Lee v. Weisman, Lynch v. Donnelly, Allegheny County v. ACLU, & McCreary County v. ACLU.  In addition, Brett and Nazim discuss the current cases of Advocate Health Care Network v. Stapelton, Saint Peter's Health Care System v. Kaplan, and Dignity Health v. Rollins, which cover whether or not institutions that are religious, but not churches, qualify for ERISA exceptions .  The law starts at (03:59).

Dec 25, 2016
Results in Shaw and Salman
13:51

This min-episode covers the Court's recent decisions in Shaw and Salman, two criminal procedure cases where technical arguments were denied in favor of keeping the law as is.

Dec 21, 2016
Who Will Think of the Children?!?
56:15

This week's episode covers two cases that relate to the rights of children in schools, including the older case of Hazelwood School District v. Kuhlmeier (covering free speech) and the more recent case of Fry v. Napoleon Community Schools (covering administrative remedies for disabled children).  The law starts at (06:16), but jumping ahead would deprive you of the joy of discovering which host is more likely to eat food out of the garbage.

Dec 18, 2016
How to Sue People, In 600 Easy Steps
44:59

This week's episode is a rip-roaring dive into the exciting world of civil procedure.  Brett and Nazim discuss how to start a lawsuit, why some lawsuits get dismissed before trial, and why the case of Venezuela v. Helmerich & Payne International is as much about international relations as it is about pleading standards.  Law starts at (03:12), and we mention a lot of listeners by name in this one.

Dec 11, 2016
The Likely Result of Election-Based Lawsuits
10:19

Brett and Nazim drop by early this week to cover possible lawsuits challenging Donald Trump's presidency, election, and impeachment, and why the Jill Stein Green Party lawsuits are likely to be dismissed by on procedural grounds. 

Dec 06, 2016
Sex Offenders and Facebook
54:53

There is a lot to unpack with the case of Packingham v. North Carolina, a First Amendment case that asks whether or not the government can criminalize a sex offender's use of social media and other popular websites.  This week, Brett and Nazim discuss how this plays into general Free Speech Law, Due Process considerations, and ex post facto precedent.  This week stays pretty on topic, so the law generally starts at (02:45).

Dec 04, 2016
Trans Rights, Bank Fraud and White Collar Crime
50:27

With topics like this, one would think this would be the most exciting episode of the year; however, that premise ignores the fact that the Supreme Court is a mostly boring institution.  This week, Brett and Nazim cover Shaw v. U.S., Salman v. U.S., and Glouchester County School Board v. G.G. to show why most of the what the Supreme Court does is ticky-tacky administrative decisions that do not always affect broader civil rights.  The law starts at (04:36), but things generally stay on topic from the beginning until Empire Strikes Back comes up around the twenty-six minute mark.

Nov 27, 2016
A Fireside Chat with Brett and Nazim
30:05

Just in case you're traveling this week, enjoy this mini-episode to pass the time.  There is no specific Supreme Court case , but instead Brett and Nazim talk about where they stand with the legal profession, whether they regret going to law school, and whether they would advocate for others to go to law school.   Happy Thanksgiving!

Nov 23, 2016
Historical Failures Appointing Supreme Court Justices
43:25

This week's episode looks at the vacant 9th seat to the Supreme Court and the Court's history with Justices who were appointed but never sat on the bench.  FULL DISCLOSURE - This episode was recorded in the sweet, innocent time of early September, so there's some sections of this that are moot based on the election.  In other words, come for the history, stay to laugh at the bad predictions from a month ago.  Technically the law starts at (06:39), but the intro sets the table amidst a few short tangents.

Nov 20, 2016
Donald Trump and the Supreme Court
50:07

However you feel about the election, it is undeniable that the Supreme Court will be changing over the next few years.  To help map out some of those changes, Brett and Nazim cover a host of different topics stemming from Donald Trump's most recent win the presidential election; including, will Garland be appointed, will a new Scalia be appointed, and will Roe v. Wade be overturned.  No time-stamp because there is generally less nonsense then usual.

Nov 13, 2016
What's the Deal with Elena Kagan?
50:51

Seriously, though.  Justice Elena Kagan has the least amount of time on the bench, has been recused from big cases, and rarely writes majority opinions or dissents.  Brett and Nazim tackle that question (i.e. "the Deal") by looking at political cases that balance policy and procedure, including AZ Christina School Tuition Organization v. Winn and AZ Free Enterprise Club's Freedom Club PAC v. Bennett (i.e. Arizona v. the Super PACS), and the current case of Bethune Hill v. VI State Board of Elections.  Law starts at (07:40).

Nov 06, 2016
Big Sam on Free Speech
49:15

This week's episode covers Justice Samuel Alito, and instead of focusing on his "Scalito" moniker, Brett and Nazim cover three cases regarding free speech that present a more tempered and emotional view of Justice Alito that rarely gets talked about.  Those cases include Morse v. Frederick (Bonghitz 4 Jesus), Snyder v. Phelps (Westboro Baptist Church), and Reed v. Town of Gilbert Arizona (Religious Signs).  Law starts at (06:26).

Oct 30, 2016
How Similar are Kennedy and Sandra Day O'Connor?
47:25

This week's episode takes a deep dive into Justice Anthony Kennedy, including his background, his famous decisions and how similar he is other noted Republican-but-also-super-liberal Justice Sandra Day O'Connor.  Brett and Nazim also discuss how his writing on the same marriage cases may affect the transgender rights cases likely to be arriving within the next year.  The law false-starts around (04:47) but then goes for real at (07:22).

Oct 23, 2016
Sotomayor vs. Police Incompetence
48:17

Good news and bad news this week.  Good news - there's been a new addition to the Citizen's Guide Family.  Bad news - the 4th Amendment is getting ground into nothing.  This week's spotlight shines on Justice Sotomayor and the case of Manuel v. City of Joliet.

Oct 16, 2016
The Creative Lawyering of Ruth Bader Ginsburg
45:41

Everyone knows Ruth Bader Ginsburg the Justice, but this week takes a look at Ruth Bader Ginsburg the creative ACLU attorney who helped shape intermediate scrutiny through gender disparity cases.  These cases, including Fronterio v. Richardson, Weinberger v. Wisenfeld,and Duren v. Missouri, show how equal protection and gender was first developed, often with unexpected methods and angles.  Brett and Nazim then cover the case of Lynch v. Morales Santana, which is either a continuation of Ginsburg's jurisprudence, or a totally new path based on immigration.  Law starts at (08:55).

Oct 09, 2016
The Scalia-Thomas One-Two Punch
49:57

This week's spotlight shines on Justice Clarence Thomas and how Thomas' conservative views were bolstered by the presence of Justice Scalia.  Brett and Nazim discuss popular Establishment Clause cases to give context to how Thomas and Scalia worked together and then address the case of Trinity Lutheran Church of Columbia v. Pauley, which asks whether or not Missouri can use the First Amendment to avoid giving nominal government services to a church-run day care.  Law starts at (9:04).

Oct 02, 2016
The Breyer Scale, Revisited
49:03

This week's episode continues our weekly focus on individual Justices, with this week's Justice du jour being Stephen Breyer.  Brett and Nazim discuss Breyer's background and cover influential death penalty cases over the last four decades to see if there is traction on finding the death penalty unconstitutional.  Lastly, the current pending case of Moore v. Texas is covered, which asks whether or not the Court has the power to overturn State standards for instituting death that appear at face value to be out of touch.

Sep 25, 2016
How Does Roberts Rate as a Chief Justice?
53:53

This week's episode starts a series of episodes that will examine individual justices, including their background, their big cases, and one big question about them moving forward.  This week covers Chief Justice Roberts, and specifically how Roberts stacks up against Rehnquist, Burger, and Warren.  Law starts at (02:06).

Sep 18, 2016
Viva La Libert(arians)
53:49

This week's episode covers a recent Supreme Court denial of an emergency petition by Libertarian Presidential Candidate Gary Johnson to appear as "Libertarian" and not "Independent" on an Ohio voting ballot.  Surprisingly enough, how you appear on a voting ballot has a history with the Supreme Court and it's own test.  Also surprising this week is the revelation that one of the hosts currently serves as an elected government official.  You'll never guess who! (Spoiler: you probably can).  Law starts at (03:12).

Sep 11, 2016
The Voting Rights Act: To Stay or Not to Stay
41:17

In what is hopefully the end of our discussion on the Voting Rights Act, Brett and Nazim take one more spin around North Carolina NCAAP v. McCrory to discuss what the most recent decision denying a stay of the 4th Circuit's decision means both practically and politically.  Brett and Nazim also discuss the most recent Michigan case where the Voting Rights Act was used to strike down a ban on straight ticket voting.  The law starts at (03:28), but listening from the beginning may add more context to all the Star Wars jokes.

Sep 08, 2016
The Voting Rights Act: Life After Shelby County
49:43

This week's episode is a good representation of why its difficult to cover current events in podcast form.  Brett and Nazim begin by discussing the 4th Circuit decision in North Carolina NAACP v. McCrory, which struck down a North Carolina law under grounds that it violated the broad provisions of the Voting Rights Act.  Then, future Brett and Nazim from two weeks later come in to discuss the Supreme Court's grant of cert to this case.  Then finally, just Brett updates the most recent ruling declining a stay from last Thursday.  Law starts at (05:26).

Sep 04, 2016
The Voting Rights Act: The Dunce Corner
55:01

In part one of a two part CLIFFHANGER (!!!), this week's episode introduces the Voting Rights Act, and specifically how it created a dunce corner for States who could not be trusted to pass fair, non-racist voting laws.  After the goodness of the statute is covered at length, Brett and Nazim discuss how the Supreme Court destroyed that part of the statute in Shelby County v. Holder.  General law talk begins around (03:44) but specific Voting Rights Act law starts at (10:10).

Aug 28, 2016
Who is to Blame for Bush v. Gore?
01:00:49

This week's episode takes us back to the year 2000 when all hell broke loose in the Presidential Election.   Brett and Nazim dive deep into the Bush v. Gore case, including why the case came before the Supreme Court, the lower decisions that put the Supreme Court in place to "decide" the election, and how much blame the Supreme Court should take from this with sixteen years of hindsight on our side.  The entire episode covers the broad context of the issue, but the most specific law starts around (09:30).

Aug 21, 2016
Revenge of the Public Defenders!!
37:01

This week's mini-episode covers two State law issues that deal with victorious and/or spiteful Public Defenders, with the first being Delaware's Death Penalty being declared unconstitutional after a case involving the PD's office, and the second being Missouri's PD Office appointing public officials to criminal cases as revenge for a lack of funding.  The recent Third Circuit decision denying New Jersey's sports gambling law is also tacked on, which covers the extent of federal power over selective States.  Law starts at (02:54).

Aug 17, 2016
Ranking Non-Bill of Rights Amendments, Part 2
59:43

This week's episode continues the discussion from last week about non-BOR amendments, only this week is decidedly more positive.  This week centers mostly on voting, equality, and taxes; and to liven things up, Brett and Nazim suggest fairly unworkable changes to our existing system of government.   Finally, Brett and Nazim discuss whether or not Citizens United, or any other proposal, will be the next amendment on this list.  Law starts at (06:52).

Aug 14, 2016
Ranking Non-Bill of Rights Amendments, Part 1
56:45

The non-Bill of Rights Amendments, 11 through 27, cover a host of different topics including government regulation, voting, and equality; and this week's episode covers part one of our efforts to rank these amendments from the bottom up.  The goal is to cover how the Constitution is amended, and whether its possible for an amendment to be passed in the upcoming future.  This episode covers rankings 17-9, which include amendments that appear non-consequential, amendments that seem like objectively bad ideas, and amendments that prohibit alcohol consumption.  Law starts at (01:50).

Aug 07, 2016
Season 2 Finale: Cases Not Selected and Term Summary
55:01

Planes are going down over ABQ, as this is the finale of Season 2 of the Citizen's Guide to the Supreme Court.  Much like last year, Brett and Nazim make podcast announcements, cover cases were cert. was denied, wrap up the historical value of this term, and laugh at their own jokes.  Unlike last year, we're still coming back next week with more podcasts.  Podcast announcement starts at (6:39) and law starts at (13:59).

Jul 31, 2016
SCOTUS Results Lightning Round
52:05

This week's episode wraps up the 2015/2016 term, where Brett and Nazim almost come to blows over Spokeo v. Robbins, guess Thomas' complaints with Green v. Brennan, share a laugh over Nichols v. US, vet out the appellate process over Welch v. US, and ruminate about the government over McDonnell v. U.S.   Law starts at (6:22).

Jul 24, 2016
Affirmative Action and Strict Scrutiny
59:33

This week's episode covers Fisher v. University of Texas, which held that UOT's affirmative action program was in compliance with the Constitution and the Equal Protection clause.  Brett and Nazim vet out how and why this program was able to pass the seemingly high barrier of strict scrutiny and what that says for future programs implementing similar procedures.  Law starts (08:21), following this episode's rendition of "This Week in Ravioli Talk".

Jul 17, 2016
Results in Beylund and Voisine
47:43

This week's episode first covers Beylund v. North Dakota and Voisine v. U.S., two cases that deal with the viability of criminal statutes aimed at stopping drunk driving and preventing firearm possession by domestic violence offenders.  Law starts at (03:26) but there is one tangent on summer movies and the other featuring a controversial take on hamburgers.  It's a serious episode, so you can let your hair down a little.

Jul 10, 2016
What's Next After U.S. v. Texas
30:03

In this mini-episode, Brett and Nazim spend 30 minutes breaking down a one-line order from the Supreme Court in the immigration case of U.S. v. Texas, including  why there is no decision, what will/should happen next now that the Executive Order has been quashed by the 5th Circuit, and whether this decision rests on solid Constitutional grounds or is just revenge for Obamacare.  Law starts (0:37).

Jul 06, 2016
The State of Abortion after Whole Women's Health
55:07

This week's episode takes a deep dive into Whole Women's Health v. Hellerstadt, the case that invalidated a Texas law that set impossibly high medical standards on abortion clinics.  Brett and Nazim discuss how/whether this case changed the undue burden standard, and in light of this decision, where a women's right to choose currently sits in regard to all of our Constitutional rights.  The Law starts at (9:00), but the intro covers the results of the Fantasy League and introduces a new game involving the multi-state bar exam.

Jul 03, 2016
Results in Strieff, Taylor, and Kirtsaeng
48:39

This week's episode covers three big cases that were issued in the last week.  Utah v. Strieff seemingly erodes the 4th amendment into a nub, U.S. v. Taylor seemingly destroys federalism, and Kirtsaeng v. Wiley & Sons seemingly opens the gates for frivolous copyright claims.  You; however, luckily have an episode that addresses these concerns in order, for purposes of determining whether or not the sky is truly falling.  Law starts at (3:56).

Jun 26, 2016
Epilogue to Sunday's Episode
29:23

Brett and Nazim had some extra time this week, so this episode serves as a supplement to last Sunday's episode on non-SCOTUS decisions, which include the Connecticut assault rifle ban, Justice Thomas' possible retirement, and the Net Neutrality decision in D.C. circuit court.  Law starts at (4:06).

Jun 23, 2016
The Citizen's Guide to Lower Court Decisions
42:03

It's been a boring week in the Supreme Court, so Brett and Nazim cover popular legal cases in lower Federal and State Courts, including the 9th Circuit concealed weapon decision, the Stanford Swimmer Judge controversy, the Google/Oracle slugfest, and a 9-1-1 Operator liability decision out of the 10th Circuit.  The law starts at (7:56), but skipping that far passes our new favorite game "How Many Current Supreme Court Justices Have Seen One Episode of Game of Thrones"?

Jun 19, 2016
EXPEDITED PODCAST: Sanchez Valle, Dietz, and Williams
49:27

This edition of the expedited podcast covers the recent decisions in Puerto Rico v. Sanchez Valle (which held that double jeopardy applied to Puerto Rico), Dietz v. Bouldin (which held that a judge is allowed to call a jury back after releasing them), and Williams v. Pennsylvania (which held that a judge who worked on a death penalty case for the district attorney could not later hear the appeal on that same case.  Law starts at (5:57).

Jun 15, 2016
Why You Should Care About Administrative Law
56:31

Admin law gets a bad rap, because it's generally boring and hard to understand, so Brett and Nazim take this week to expound on its many virtues, including what it is, how you can get involved it, and how Courts resolve issues with agency decisions.  After covering the Chevron decision in record time, Brett and Nazim cover United States Army Corps v. Hawkes, which deals with the travails of purchasing land subject to the Clean Water Act.  Law basically starts at (2:32) and there's a five minute tangent about Peanut Butter and the song Under Pressure around (19:21).

Jun 12, 2016
EXPEDITED PODCAST: Hawkes and Foster
27:27

We welcome Nazim back from vacation this episode, and to cover their butts for episodes recorded four weeks ago, Brett and Nazim cover U.S. Army Corps v. Hawkes (which was covered in the last episode on admin law) and Foster v. Chatman (which deals with racial considerations in jury selection).

Jun 12, 2016
When Can The Govt Take Your Land?
49:59

This week's episode covers the contentious topic of eminent domain, which is the when the government is permitted to use or take your Property.  Brett and Nazim cover how that is done directly as seen in Kelo v. City of New London, and indirectly by way of the Takings Clause as seen in the upcoming case Murr v. Wisconsin.  The Law starts at (5:00), and Brett shares his world famous pasta sauce recipe at (15:00).

Jun 05, 2016
Civil Juries v. Criminal Juries
54:17

The purpose of this episode was to cover Dietz v. Boldin, which deals with whether or not a civil case should result in a mistrial when the jury was released momentarily before being brought back in by the judge; however, it soon became about a host of topics in civil law, including general jury elements, the 7th amendment, working in personal injury, picking jurors, discovery, and the general life of the civil attorney/law clerk.  Spoiler, it's boring.  Law starts at (5:08).

May 29, 2016
Legal Analysis of the N.C. Bathroom Law
44:33

This week predicts how the Court would evaluate the North Carolina Bathroom law, and transgender rights in general, under the concepts of Substantive Due Process, Equal Protection and Vagueness.  Brett and Nazim also discuss two circuit court cases that deal with transgender rights, Fields v. Smith and Glenn v. Brumby.  Legal analysis starts at (4:15).

May 22, 2016
EXPEDITED PODCAST: Zubik v. Burwell
24:53

Brett and Nazim gather on short notice to discuss the recent decision in Zubik v. Burwell, specifically what happens next, why this is the best outcome, and whether this would have been the decision had Scalia still been on the Court.

May 18, 2016
Beylund Oral Argument & Decisions in Patterson and Bank Markazi
55:49

What do drunk driving, getting fired for speaking your mind and terrorism have in common?  In addition to being things that scare middle-class white people, each of these topics are the subject of this week's episode, which takes a look at the oral arguments in Beylund v. North Dakota on the 4th amendment, the free-speech decision in Heffernan v. City of Patterson, and the Bank Markazi v. Peterson decision regarding the use of Iranian funds to pay off a civil judgment.

May 15, 2016
The Legal Failings of Tom Brady & the Washington Redskins
55:41

This week's episode covers complicated topics (labor unions & trademarks) through the prism of football (Tom Brady & the Washington Redskins).  Brett and Nazim discuss Tom Brady's 2nd Circuit appeal, Friedrichs v. California Teachers Association, Lee v. Tam and Profootball, Inc. v. Blackhorse.  Nazim also attempts to get revenge on Brett for the last football episode by administering a test of difficult football questions to Brett and Jess.

May 08, 2016
GUEST EP: Children's Rights in the Legal System
01:03:21

This week's guest Kim is an old law school friend of Brett andNazim, and a dedicated employee within family court and the childprotection system.  Through that experience, Brett and Kimdiscuss Voisine v. U.S., Clark v. Ohio, V.L. v. E.L., and generalwomen's and family rights cases within the Supreme Court. Please note that the opinions expressed in this podcast belongsolely to the presenters and do not reflect the opinions of anygovernment or governmental agency.

May 03, 2016
The Internet Killed the Copyright Star
48:49

This week's episode covers the general nuances of copyright law, including how to get one, how to enforce one, and why the internet is killing all of them.  Brett and Nazim also cover the case of Kirtsaeng v. John Wiley & Sons, in which the Supreme Court must decide whether a student who made approximately one million dollars selling imported textbooks may receive attorney fees against the textbook publisher who sued him unsuccessfully for copyright infringement.

May 01, 2016
Judges, Immigration Oral Argument and Speedy Trial Rights.
49:13

This week's episode is a hodgepodge of legal topics, including review of a judge's ability to sue for Constitutional violations from the legislature, the unavoidable stalemate coming in U.S. v. Texas, and a review of speedy trial rights in sentencing from Betterman v. Montana.  Brett and Nazim also rank hot East Coast sandwiches in this week's edition of The Citizen's Guide to the Food Court.

Apr 24, 2016
All the Stupid Hobby Lobby Cases
56:19

This week's episode on Zubik v. Burwell, the latest challenge to the Contraceptive Mandate under the First Amendment.  In addition to discussing the original Hobby Lobby decision (again) and RFRA laws (again) and the Affordable Care Act (again), Brett and Nazim also discuss whether or not the Supreme Court will come to a final resolution, or just prolong these cases into infinity.

Apr 17, 2016
GUEST EP: Women's Rights & Government Regulation
01:00:59

Brett is joined by his long-time friend Joanna, a female attorney working for the Government, to discuss government regulation in the field of public health.  Brett and Joanna discuss Whole Women's Health, Gobeille v. Liberty Mutual, Zubik v. Burwell, and who are the best and worst two characters on MTV's Teen Mom.

Apr 13, 2016
Results in Evenwell, Luis and Lockhart
49:05

A few cases have been decided that relate back to old episodes, so this week Brett and Nazim cycle back to Evenwell v. Abbott, the one person one vote case, Luis v. U.S., the Medicare fraud asset forfeiture case, and Lockhart v. U.S., the sex assault grammar case, to determine how the Court ruled and what those rulings mean for the future.

Apr 10, 2016
Who's Afraid of the Big Biased Wolf?
48:13

This week's episode is brought to you by the concept of bias, whether it be as a juror, a post-conviction judge, or a PA Supreme Court justice overturning a death penalty reprieve.  Brett and Nazim discuss Williams v. Pennsylvania, in which the Supreme Court has to determine whether or not a State Supreme Court judge should recuse himself from a death penalty appeal when that same judge was part of the original decision to sentence the defendant to death to begin with.

Apr 03, 2016
Hot News from Hot Dudes
48:33

This week's podcast covers popular legal news stories currently in the media.  Brett and Nazim first discuss the potential appointment of Merrick Garland to the Supreme Court, take a soft right turn into the San Bernardino iPhone issue with the FBI, take a hard right turn at the Hulk Hogan v. Gawker sex tape lawsuit, and then go generally off the rails discussing New Jersey's fight for your right to lose money betting on individual sporting events.

Mar 27, 2016
Nazim v. Federalism
49:39

This week's episode covers three issues on federalism: (1) what it means for Kennedy to be pro-federalism and what other jurisdictional quirks belong to other justices (2) how Nazim responds to comments about his corrections to the Senate, and (3)  whether the current case of Taylor v. U.S., and the Hobbs Act generally, is a proper exercise of the Commerce Clause or an unreasonable extension of the War on Drugs. 

Mar 20, 2016
GUEST EP: Constitutional Amendments and Anti-Trust Law
01:06:15

Brett is joined by Joe V., an anti-trust attorney, a Harvard Law graduate, and all-around smart guy to discuss Constitutional issues and Antitrust law.  Brett and Joe discuss how whether the evolution of the Second Amendment has hurt or helped gun rights, and also cover the case of North Carolina Board of Dental Examiners v. FTC, which is likely the most interesting court case you will hear this year about teeth-whitening. 

Mar 15, 2016
Oral Arguments on Women's Rights Cases
56:25

This week's episode covers recent oral arguments in World Women's Health v. Hellerstadt, which determines whether or not a Texas law that raised the standards for abortion clinics is liable under the undue burden test, and U.S. v. Voisine, which deals with whether the Federal Government can ban persons convicted of domestic violence from owning a gun.  If that all sounds a bit heavy, Brett talks about what internet celebrity he looks like and Nazim speaks French.

Mar 13, 2016
The Immigration Debate Comes to the Supreme Court
50:59

This week's episode covers the case of U.S. v. Texas, which determines whether or not President Obama's executive orders on immigration are Constitutional under the Take Care Clause of the Constitution.  Brett and Nazim discuss the elements of both orders, the DACA and the DAPA, and how those orders should be viewed through the President's existing Constitutional Powers under Article 2. 

Mar 06, 2016
GUEST EP: Historical Context of Current SCOTUS Cases
54:11

Part Two of the "Nazim is on Vacation" episodes continues with a conversation about history with Justin, one of the longest-listening fans of the Citizen's Guide podcast.  Brett and Justin discuss a little American history, and include specific references to Bills of Attainder in the Bank Markazi v. Peterson case, the colonization of Puerto Rico in the Puerto Rico v. Sanchez Vital case, and how the Supreme Court views 19th Century Congressional grants of Native American land in the case of Nebraska v. Parker.  Special thanks to DJ Ray for the Serial-esque background music.

Mar 01, 2016
GUEST EP: Ask a Public Defender, Part 1
49:37

While Nazim was on vacation, Brett interviewed his friend Ross, a Public Defender in a City ABC Networks have deemed "Murder Town".  Brett and Ross discuss what is like to be a Public Defender, how to properly eat pizza, U.S. v. Luis, and bank robbery movies.  This was split into two parts, so please listen to Part Two.

Feb 28, 2016
GUEST EP: Ask a Public Defender, Part 2
44:33

Brett and Ross continue their discussion about criminal cases before the Supreme Court, including Ocasio v. U.S., Lockhart v. U.S., Utah v. Strieff,  & Beylund v. Minnesota.  They also discuss the implications of Hurst v. Florida, and how Montgomery v. La may influence the upcoming case of Molina-Martinez v. U.S.

Feb 28, 2016
In Memoriam Justice Scalia
01:00:09

It is a somber episode of the podcast this week as Brett and Nazim discuss the past, present and future implications of the passing of Justice Scalia.  This includes the positive and negative results from his originalist view of the Constitution along with what President Obama can/should do in regard to the subsequent appointment.

Feb 21, 2016
One Person, One Vote
56:09

To celebrate Nazim's return from vacation, this week's podcast covers the "one person, one vote" case of Evenwell v. Abbott, where Brett and Nazim debate the age-old questions of "who cares?" and "what's the point?".  To round things out, the result in Duncan v. Owens is examined, along with a longer-than-necessary conversation about bologna.

Feb 14, 2016
Has California Killed Arbitration Clauses?
50:33

This week's podcast covers the case of MNH Government Services v. Zaborowski, which determines whether or not mandatory arbitration clauses violate California laws on unconscionability.  Brett and Nazim discuss how this case plays into contract law and federal preemption, all continuing their transformation into a food podcast while eating dessert on the air.

Feb 07, 2016
What to Look for in a Presidential Candidate
59:09

This week Brett and Nazim take a break from reviewing individual SCOTUS cases in order to help you decide which bozo you should vote for president this November.  Instead of giving specific suggestions or candidates, Brett and Nazim discuss the jobs, authority, and powers held by the President under the Constitution and important Supreme Court case law to help you decide who to vote for based on what the President actually does.

Jan 31, 2016
Big Changes Coming to DUI Law?
48:25

This week's episode covers the cases of Bernard v. Minnesota, Beylund v. North Dakota, and Birchfield v. North Dakota, which deal with whether or not State statutes that punish a suspected drunk driver's refusal to take a blood or breath test are constitutional under the 4th amendment.  Full disclosure, there's a good chance that if you are a 4th amendment advocate or an advocate of the Lord of the Rings, cupcakes, brunch, bacon, or pancakes, there's going to be something said here that annoys you, so bring on the emails.  We're not afraid of your criticism.

Jan 24, 2016
Results in Hurst v. Florida + Making a Murderer + Listener Mail
55:19

This week's episode starts with discussing the recent opinion in Hurst v. Florida, the case which considered whether the Florida Death Penalty procedure was Constitutional.  After that, Brett and Nazim go through listener emails, which cover Wisconsin third-party liability evidence procedure, how much the 4th Amendment should coincide with how we feel about police, communist punitive damage theories, and why Civil Procedure is the worst class you can take in law school. 

Jan 17, 2016
Double Jeopardy, Game Shows, and the Legal Status of Puerto Rico
50:39

The case of Puerto Rico v. Sanchez Vital has two primary issues, which involve whether the legal concept of Double Jeopardy applies to cases tried in Puerto Rico and whether or not Puerto Rico is a separate and distinct sovereign from the Federal Government.  By coincidence (!!we swear!!) the words "double jeopardy" led to more than one tangent about game shows, so get ready to also hear about Alex Trebek, Family Feud, and Elimidate.

Jan 10, 2016
When Can Employers Require Nudity?
57:09

Today we're talking jobs, specifically why some jobs, like Hollywood shows like Game of Thrones, can require people to get naked while other jobs, like yours probably, is not allowed to make those requirements.  Within the scope of employment law, Brett and Nazim discuss why Hooters get sued by its employees, the Steve Sarkisian/USC lawsuit,  and the current Supreme Court case of Green v. Brennan.

Jan 03, 2016
What's the Point of Batson Challenges?
49:47

The Christmas episode of the Citizen's Guide to the Supreme Court takes a few detours before getting into Foster v. Chatman, including playing Price is Right with the Dean and Deluca catalog and talking about why Brett hates tiny airplanes.  Once that's out of the way, Brett and Nazim discuss the merits of the Foster case and read emails from people within the criminal justice system about how effective the Court is at resolving racial discrimination in the selection of a jury.

Dec 27, 2015
How Do You Solve A Problem like Scalia (and Mass Shootings)?
01:02:55

Welcome to the Second Annual Summit on Guns, where Brett and Nazim take a yearly look at the Court's view on the Second Amendment and D.C. v. Heller.  This episode is focused specifically on the rejected petition of Friedman v. City of Highland Park, where the Court refused to hear a case contesting a ban on assault weapons.  In addition to discussing guns, Brett and Nazim also discuss Scalia's most recent comments on race and higher education.

Dec 20, 2015
Breaking Down Bank Markazi v. Peterson
49:47

In 2012, Congress passed the Iran Threat Reduction and Syria Human Rights Act, which allowed the Plaintiffs in Bank Markazi v. Peterson to obtain Iranian funds held in New York to satisfy a judgment rendered in U.S. Courts.  This action created a host of issues which are dealt with in this week's episode, including why judgments are the most important part of every civil case, the Court's view on Separation of Powers issues, whether this is a Bill of Attainder and what is a Bill of Attainder. 

Dec 13, 2015
One Year Anniversary Blooper Reel
09:33

To celebrate the one year anniversary of this podcast, Brett made a dance mix of all of the outtakes he saved over the last year for Nazim.  Instead of hogging this present for the two of us, we figured we'd share it, even though it probably doesn't make sense to anyone but us.  Either way, enjoy and thanks for listening.

Dec 06, 2015
SCOTUS Lightning Round!!
50:15

There are a lot of cases and issues that fall through the cracks; so this week Brett and Nazim cover the following issues in timed intervals:  Bill Simmons' comment that Obama should be a Supreme Court Justice, Hurst v. Florida, Ke$ha, Gobeille v. Liberty Mutual, the future president's views on gun rights, France's ban on head scarves, Alabama's refusal to admit certain kinds of immigrants, Federal Energy Regulatory Commission v. Electric Power Supply Association, the confidentiality of prisoner emails, and Tyson Foods v. Bouaphekeo.

Dec 06, 2015
Affirmative Action and Higher Education
49:17

This week's case is Fisher v. University of Texas, where a rejected applicant seeks to declare the school's affirmative action program a violation of the Constitution and Equal Protection.  In addition to the Supreme Court precedent that brought us here, Brett and Nazim also discuss their own experiences applying for law school and how they ended up at the same place at the same time.

Nov 29, 2015
Consumer Protection Claims & the Concept of Standing
47:19

This week covers Spokeo v. Robbins, a case where one intrepid, mischaracterized plaintiff attempts to take down Big Credit Report under an poorly-written Congressional statute (stop us if you've heard this before).  The key legal concept here is Standing, which covers who can bring claims in our judicial system, and Brett and Nazim use an example which deals directly with someone's poor spelling.

Nov 22, 2015
Michael Myers and the Juvenile Justice System
46:25

This week's episode covers Montgomery v. Louisiana, which discusses whether or not a rule that bars automatic life sentences without parole for juveniles convicted of murder should apply retroactively to a juvenile given life without parole 40 some odd years ago.  Brett and Nazim also discuss the differences between the juvenile justice system and the adult juvenile justice system, and whether or not the moral considerations of the Halloween sequels will influence the decisions of the Court.

Nov 15, 2015
The Seventh Circuit Has Gone Rogue
56:33

The Supreme Court's review of Duncan v. Owens is a great example of a easy-sounding case that may have long lasting effects on how the Court views criminal law.  Brett and Nazim talk about why the 7th Circuit granted habeas corpus seemingly out of no where and why this case could be a martyr for broader change.

Nov 08, 2015
Everyting You Need to Know about Class Actions
52:19

In a vacuum, the issue in Campbell-Ewald v. Gomez, which is whether or not a plaintiff can pursue a lawsuit after the defendant has fully settled the claim, sounds ridiculous.  Although this seems like a straight forward answer, the added element of class action makes this case a rich topic for this week's episode, where Brett and Nazim discuss how to file a class action, why class actions exist, and what you should do with the class action notices you get in the mail.

Nov 01, 2015
When Can the Government Infringe on Free Speech
46:59

Free Speech is a many-faceted concept that usually results in the Supreme Court making impractical decisions on seemingly arbitrary law.  This week, Brett and Nazim discuss the case of Heffernan v. City of Patterson, which talks about whether the Government can discipline you at work when they think you are engaged in free speech, but you argue that you are not.  That is, until lawyers get involved, and then argue that you are engaged in free speech and the government argues that you are not.

Oct 25, 2015
The Many Exceptions to the 4th Amendment
46:39

This week's podcast covers police searches under the 4th Amendment in two different regards.  First, Brett and Nazim take a closer look at dog sniff searches and the 4th Amendment, and specifically whether dog sniffs are a flawed practice and what could be done if they are.  Then the case of Utah v. Strieff is covered, where the Court decides whether or not an officer who makes an illegal search is excused when the defendant had an arrest warrant and therefore could have been searched had the officer known about it, which could open the door for the bizarro "bad faith exception".

Oct 18, 2015
How Does Criminal Law Punish Defendants?
45:29

This week's episode about the criminal elements needed to convict someone is the converse to last week's episode about Constitutional elements that protect criminal defendants.  In addition to talking about how criminal law works at a fundamental level, Brett and Nazim also cover inchoate crimes, why learning about criminal law is boring, why How to Get Away With Murder on ABC sucks, Ocasio v. U.S., how Madden gets harder as you get older, Lockhart v. US, and habitual offender statutes.

Oct 11, 2015
Why Do We Give Constitutional Rights to Criminal Defendants?
50:07

This week's episode is in response to an email we received in response to the "When Can Police Search Your Car Episode", which addressed reasons why giving police too much discretion to invade privacy has practical consequences.  Going off that point, Brett and Nazim explain why the criminal justice system has significant punishments against the State when a person's Constitutional rights are violated, and use the cases of Arizona v. Youngblood, a current case before the Supreme Court Luis v. U.S., and a recent incident with the Delaware crime lab to show how the law forces the Court to decide between letting guilty people go free to protect against imprisoning innocent people.

Oct 04, 2015
The Present and Future of Abortion Cases
51:05

This week ends the three-part discussion on abortion and the Supreme Court, discussing cases that have shaped the Court's undue burden test that evaluates State laws that attempt to regulate or embolden a woman's right to choose.  Brett and Nazim also discuss two cases which will likely go before the Supreme Court this term, which deal with a continuation of the Hobby Lobby decision and heightened regulations for clinics performing abortion services.

Sep 27, 2015
The Scope of Roe v. Wade
49:09

This week's podcast attempts the inenviable task of discussing Roe v. Wade without upsetting anybody.  This week covers Roe, Webster v. Planning Services, and Planned Parenthood v. Casey to outline what rights we have under the Constitution following the cases and under what grounds the Supreme Court tied abortion in to the Constituion.  If that all seems to dark for you, we also propose a Supreme Court fantasy league for the upcoming term and Nazim explains why he likes people posting pictures of food on social media.

Sep 20, 2015
What is Substantive Due Process Exactly??
59:09

Your boys are back and discussing the wild world of substantive due process.  After recounting their short break and sharing what vegetables they learned were gross in the last two weeks, Brett and Nazim begin a three-part discussion on substantive due process, abortion, and Roe v. Wade.  This week covers the background of the right to privacy we have in the Constitution, even though those words are not actually written anywhere.

Sep 13, 2015
Season Finale: Cases Not Selected and Superlatives
49:37

In the season finale of the 2014/15 term, Brett and Nazim discuss the cases that were not selected for the 2015/16 term and also go over some superlatives from the last year.  To tide everyone over for the two week break, Brett and Nazim also discuss dinosaurs, tattoos, rap icons, LOST, and being old. 

The Citizens Guide to the Supreme Court will be back on September 13, 2015.

Aug 23, 2015
With Great Power, Comes Justice Elena Kagan
46:57

We're getting to the end of the relevant cases for the 2015 term, so this week ties up the loose ends that haven't been covered so far.  In particular, Brett and Nazim discuss Kimble v. Marvel, a case patent case by day that serves as an interesting comment about precedent by night.  The case of Bullard v. Blue Hill Banik is also covered along with a general overview about what happens in bankruptcy proceedings.

Aug 16, 2015
When Can the NFL Search Your Cell Phone?
42:01

This week's episode takes a break from the seriousness of the Supreme Court to discuss the ridiculous and sublime details of the Tom Brady Federal Court case.  Specifically, Brett and Nazim discuss what search and due process rights either side has in this situation and what chances Tom Brady has of getting an injunction granted.  To ensure that this episode is free of any bias, Nazim is qualified as a person who knows very little about football and Brett keeps his hatred for all football teams that are not the Philadelphia Eagles at a simmer until the very end.

Aug 09, 2015
John Kerry v. the World!
46:09

This week's episode covers two foreign policy cases that speak to broader issues about Substantive Due Process, Marriage and the President of the United States.  Kerry v. Din discusses the Due Process rights of a person who is denied entry into the United States and Zivotsky v. Kerry addresses whether or not Congress or the President can recognize Jerusalem as the capital of Israel.  While both cases are important in their own right, Dinn presents an interesting foreshadowing into the Same Sex Marriage decisions and Zivotsky allows Brett to trick Nazim into supporting Donald Trump's presidential campaign.

Aug 02, 2015
When Can Police Search Your Car?
45:13

This week's episode is all about controversial stances on long-held American Institutions.  Brett and Nazim first take down BIG SANDWICH and then turn their attention to the Exclusionary Rule, the 4th Amendment stanards of probable cause & reasonable suspicion, and finally the balance between personal property & the need to fight crime.  Through the cases of Rodriguez v. U.S. and California v. Navarette, Brett and Nazim come full circle from ambitious, liberal law students to grumpy old men.

Jul 26, 2015
Is This Ineffective Assistance of Counsel?
41:49

In connection with the case of Mata v. Lynch, Brett and Nazim discuss how bad an attorney has to be to overturn a criminal conviction.  Afterward, they play a game called "Is This Ineffective Assistance of Counsel?", which discusses whether or not bad-mouthing your client to a jury or falling asleep during trial warrants a new trial for criminal defendants.

Jul 19, 2015
Results in Arizona Districting Case & EPA v. Michigan
43:21

This week covers Arizona Legislature v. Arizona Districting Committee & EPA v. Michigan, which are two cases where the political result of both did not mesh with Brett and Nazim's view of the legal rationale in the Court's decisions.  In addition, Brett and Nazim play a spirited game of F@#$, Marry, Kill with American pasttimes and figure out what "Naziming" is.

Jul 12, 2015
Decisions in Obergefell and Glossip
48:05

This week's episode covers the Court's most recent decisions regarding same sex marriage and lethal injection.  In both cases, Brett and Nazim discuss technical legal issues with the decisions and why it is not unreasonable to feel one way about the result but still question certain Constitutional elements in the legal reasoning.   Brett and Nazim also ask deep, insightful questions about Bigfoot, which is the next big issue our Nation needs to tackle.

Jul 05, 2015
Results in King v. Burwell and Texas Housing v. Inclusive Communities
45:45

This week's episode covers King v Burwell, a case that saved Obamacare in America despite being almost completely incorrect from a strict statutory construction standpoint.  King is also compared to the Texas Disparate Housing case and how both cases illustrate the difference between being persuasive and being correct.   Brett and Nazim also share their thoughts on the outcome of the same sex marraige case, despite recording the day before it was decided.

Jun 28, 2015
Decisions in Clark, Brumfield, and Sons of Confederate Veterans
58:33

In addition to discussing the decisions in Ohio v Clark, Brumfield v. Cain, and Walker v. Sons of Confederate Veterans, Brett and Nazim discuss (1) which case would be worse to lose, Obamacare or Same Sex Marriage, (2) who won the Confrontation Clause Wars of 2015, (3) what is the best way to stop Nazim from criticizing the TSA, and (4) what happens when your license plate contains accidental explicit sex language?

Jun 21, 2015
Is Lethal Injection Unconstitutional?
40:09

Spoiler Alert!  The answer is no.  However, that did not stop the Court from hearing Glossip v. Gross, a case that determines whether or not a drug that sedates death row inmates before death violates the 8th Amendment to the Constitution.  This episode talks about the likely ending to Glossip, along with a broader discussion about what the Supreme Court can really do when it comes to cases addressing the death penalty.

Jun 14, 2015
Facebook, Abercrombie, and the Supreme Court
44:09

This week's episode reviews the recent decisions of Elonis v. U.S. and Abercrombie & Fitch v. EEOC.  Within this episode, Brett and Nazim talk about how the decisions were more limited than expected, but how that may be in the best interests of the Court and the government at large.  So rest easy, millenial-based businesses, your time has not yet come to be face the wrath of Ruth Bader Ginsburg.

Jun 07, 2015
Origins and Limits of the Supreme Court's Power
35:37

It's been a while since we've gotten into the background of the Supreme Court, so this week, Brett and Nazim discuss the self-imposed scope of the Supreme Court's Power by way of a weird behind-the-scenes nuance of the San Francisco v. Sheehan case on police force.  Much like any powerful individuals with unfettered power, the Supreme Court has had a strange amount of discretion in the limits of what it can do under the Constitution and has defined its role in the government carefully.  By discussing judicial review, Marbury v. Madison, and standing, Brett and Nazim illustrate how they're basically a government institution with the same morals as Spiderman.

May 31, 2015
Mortgage Foreclosure and Predatory Lending
37:47

This week's podcast covers Jesinoski v. Countrywide Loans, a case that deals directly with the mortgage crisis of the mid-2000s.  Brett and Nazim give background on the general topic of buying a house and why the Jesinoski case could give aggrieved homeowners a leg up against banks that caused this mess in the first place.

May 24, 2015
Money, Politics, and Free Speech
41:35

AKA, the Devil's Threesome.  This week, Brett and Nazim cover the case of Williams-Yullee v. Florida Bar, which decided whether restrictions on a Judge's campaign donations were a violation of the First Amendment.  This leads to a bigger discussion on Citizens United, in which popular opinions are polled to see if Citizens United is the worst decision of last few years, or the worst decision ever.

May 17, 2015
Technical Aspects of the Death Penalty
42:57

Brett and Nazim discuss the technical side of the death penalty, including how it is administered, the jury requirements and why Nazim thinks it costs too much.  The cases, Kansas v. Carr and Brumfield v. Cain, help show how the death penalty comes before the Court and also that Court officials adminstering the death penalty make the same dumb mistakes at work that we all do.

May 10, 2015
Same Sex Marriage Oral Argument
53:09

We're running back the same sex marriage case to talk about the Oral Argument held on April 28, 2015.  Brett and Nazim discuss the nuances of oral argument, who should be panicking based on the judge's questions, and which N'Sync member can be most associated to Justice Breyer.

May 03, 2015
The Importance of Jury Duty
44:33

Stop scoffing at that title.  This week's episode covers all aspects of the American Jury system, along with the current case of Warger v. Shauers, to help motivate you to celebrate, instead of cringe, when you receive your summons for jury duty.  Brett and Nazim also shed light on the seminal Family Matters episode where Urkel's persistance in the jury room acquits a man unfairly charged with robbery.

Apr 26, 2015
Indiana RFRA: Fact or Fiction
48:17

The Indiana Religious Freedom Restoration Act is a real law with history, scope, thoughts and feelings, and this episode gives that devil its due.  Brett and Nazim address popular conclusions regarding the law to help shape ways to address the law's reach in either direction.

Apr 19, 2015
The Catch 22 of Free Speech
44:13

There is no good resolution to the case of Walker v. Sons of Confederate Soldiers.  Whether you are a free speech advocate or someone who simply doesn't appreciate images of slavery, the determination of whether or not Texas should allow Confederate Flag license plates will likely make you feel gross.  Brett and Nazim also revisit the premise of principal v. money in the context of why to enter into litigation.

Apr 12, 2015
Obamacare
55:13

Brett and Nazim discuss King v. Burwell, a dumb case based on dumb facts and dumb law that will probably have a dumb outcome.  Making lemonade out of lemons, Nazim shares a wealth of great knowledge about the background and current state of the law, while Brett shares how many hotdogs he can eat in one sitting.

Apr 05, 2015
The Failures of Equal Protection
45:57

Like most great story arcs, our discussion into Equal Protection has a depressing epilogue.  Through cases concerning equal protection and affirmative action, Brett and Nazim talk about how the Court's rigid approach to Equal Protection has blocked anti-discrimination efforts up through this term of the Supreme Court.  The current case before the Supreme Court, which deals with the Texas Housing Authority and the Court's Disparate Impact test, is the litmus test under which to be depressed by.

Mar 29, 2015
Same Sex Marriage & the Supreme Court
55:47

This week discusses the Supreme Court's decision on whether a State can ban gay marriage.  Brett & Nazim cover this history of gay rights in the Supreme Court (spoiler:its bad), and how the current court may decide the issue (spoiler:its good). 

Mar 22, 2015
How Does Equal Protection Work?
44:59

Brett and Nazim discuss the convoluted way that the Supreme Court evaluates Equal Protection Claims.  In addition to walking through the three major tests used by the Court, the primary cases discussed involve why Virginia Military Academy could not exclude women, and then UPS v. Young, which deals with pregnancy discrimination in the workplace.

Mar 15, 2015
Equal Protection and Private Discrimination
43:49

Brett and Nazim start a three-part discussion on Equal Protection and the Gay Marriage decision this summer that begins with how the Constitution has used creative means to ban private discrimination in states and private businesses.  The Abercrombie & Fitch v. EEOC case is also discussed, which discussed the age-old battle between trendy clothes and religious freedom.

Mar 08, 2015
Mailbag and Updates - Part 2
40:43

Brett and Nazim continue to empty out the mailbag, discussing whether the Federal or State government could require mandatory vaccinations, the inner workings of the Supreme Court, and the difference between judicial interpretation of the law and judicial activism.  The last email also brings up the cases of Johnson v. U.S. and Whitfield v. U.S., where simple semantics could influence broader sentencing policy on guns and drugs.

Mar 01, 2015
Mailbag and Updates - Part 1
40:49

Brett and Nazim open up the listener mailbag to answer questions posed by listeners and update previous cases that have since been decided.  The topics this week include Holt v. Hobbs, smart phone technology, why DUI checkpoints are acceptable under the 4th amendment, and the possible scope of the Confrontation Clause decision.  Due to the general breadth of this episode, we split it into two, so the remaining topics will be covered next week. Same Breyer time, same Breyer Channel.

Feb 22, 2015
The Consitutionality of Income Taxes
41:33

The thesis of this week's episode is that taxes are nothing to be trifled with.  First, Brett and Nazim discuss the many ways that citizens have failed trying to make income taxes unconstitutional.  Afterward, Brett and Nazim discuss Comptroller of Maryland v. Wynn, in which the Court is asked to determine if a State is required to credit taxes paid to other states under the Dormant Commerce Clause.  Finally, Brett's wife Jess comes on to confuse the issue entirely.

Feb 15, 2015
Child Abuse and the Confrontation Clause
46:19

This week's episode covers Ohio v. Clark, which asks whether or not a teacher may testify on behalf of a three year old child who was the only witness to a child abuse case under the Confrontation Clause.  This presents a good example of how the law can complicate an objective view of a bad situation, or how a sensitive topic can otherwise deny a citizen's Constitutional rights.  Either way, Brett and Nazim get real awkward debating the issue somewhere around the 35 minuute mark, so get ready for that.

Feb 08, 2015
Grand Juries, Govt. Immunity and Police Use of Deadly Force
45:29

This week's episode discusses the legal issues surrounding the police in Ferguson, MS and Staton Island, NY.  The goal here was to take a strictly legal and objective overview of the issues in each case, specifically what a grand jury does, why you can't sue the government and what the Constitution says about police use of deadly force, without getting too deep into the political issues that made up most of the media coverage.  Let's call this one better late than never.

Feb 01, 2015
4th Amendment Privacy and Smart Phones
44:25

This week handles a hypothetical only a paranoid conspiracy theorist could love.  Through the lens of whether police could solve crimes by searching fingerprints given to access smart phones, Brett and Nazim discuss how the 4th amendment has evolved with technology, specifically through cases like Katz v U.S., Riley v. California and Maryland v. King.  We also cover which Supreme Court Justice loves the Philly Phanatic.

Jan 25, 2015
Legalization of Marijuana
44:30

This week's episode cover topics that include; but are not limited to, jury duty, learning when you hate your job, why cigarettes are awesome, federalism, standing, Bush v. Gore, and ultimately the legalization of marijuana.  Brett and Nazim talk about the legal issues surrounding this topic and how the decision could find itself before the Supreme Court in the next few years.

Jan 18, 2015
Facebook and Free Speech
44:13

Brett and Nazim discuss the case of Elonis v. U.S., which covers whether or not the Supreme Court will afford special protection to threatening statements made on Facebook and/or prosecute people who share pictures of food.  That last part is a joke, but seriously stop doing that.

Jan 11, 2015
Hobby Lobby
51:11

Brett and Nazim break down one of the more controversial decisions of 2014, by discussing their initial thoughts on the case and then expanding on those thoughs after actually reading the decision for the first time.

Jan 04, 2015
D.C. v. Heller & Heien v. North Carolina
47:29

This week's episode discusses two Supreme Court cases in the context of how Supreme Court cases move the needle with the general public.  D.C. v. Heller deals with guns, the second amendment, and whether a State can ban the private ownership of handguns.  Heien v. North Carolina talks about whether a police officer's knowledge of arcane traffic laws affects should affect an otherwise valid traffic stop.

Dec 28, 2014
Evolutionary v. Originalist Perspectives
44:09

Brett and Nazim discuss three important issues.  (1) How to get to the Supreme Court.  (2) The two main viewpoints of the Supreme Court. (3)  Why the they do not passive agressively hate each other. 

Dec 21, 2014
Supreme Court Name Game
34:59

Brett and Nazim revel in their professional failures and discuss the nine justices that make up the Supreme Court.  To solve the problem of remembering their names, the two share an acronym that is easy to remember and objectively related to their respective ideologies.

Dec 09, 2014