In the aftermath of the Civil War, the Disqualification Clause was adopted to ensure that former officials and soldiers in the Confederacy would be barred from serving in public office.And for the first time in 153 years, an elected official ha
Gag orders are usually put in place to protect a defendant's right to a fair trial by limiting inflammatory statements. What happens when it's the defendant making the inflammatory statements and that defendant is a current candidate and former
On August 14, Fulton County District Attorney Fani Willis announced that the grand jury had returned a criminal indictment against Trump and eighteen other defendants for what they did in the days and weeks after the 2020 election. The story to
19th century "zombie" laws are shambling into the abortion debate. The Comstock Act of 1873 made it illegal to send “obscene, lewd or lascivious,” “immoral,” or “indecent” material through the mail. Does that include abortion pills?Comstock Zom
On April 4th (that’s tomorrow as I record this) former President Trump is expected to be arraigned in a Manhattan court room. He was indicted by a New York grand jury last week but the exact charges against him remain unknown until he appears i
New York's 3rd Congressional District elected a newcomer named George Santos in November of 2022. Since the election, it was revealed that Santos lied about nearly everything on his resume. What does the Constitution say about lies, punishing l
It’s been established law that it is wrong for businesses to discriminate against customers because of their race or ethnic background, but what if a business owner refuses to serve someone because of their sexual orientation? And what if that
How the Dormant Commerce Clause tries to stop states from passing laws that put an undue burden on interstate commerce and what that means for states that wish to forward specific ethical agendas. Plus, what's going on with student debt relief:
When the FBI executed a search warrant on his home, Trump and his lawyers filed their complaints in a district where they thought they’d get sympathetic treatment from Judge Aileen Cannon, who Trump appointed. The assignment of a particular jud
The official court order that permitted the search of Mar-a-Lago was made public, and even though much of it was redacted, there is a lot of information about what the government was looking for and which crimes the DOJ are investigating .
In the final week of the most recent term, the Supreme Court decided to limit one constitutional right (abortion) and expand another constitutional right (guns). But there were other cases decided that week, which were also important and marke
The Dobbs v. Jackson Women's Health Organization decision has overturned Roe v. Wade and revoked the right to abortion, a Constitutionally guaranteed right we have had for about 50 years. What happens now?
The recent mass shootings and a New York gun carrying permit case awaiting a decision from the Supreme Court calls for an examination of the current interpretation of the Second Amendment. The Heller decision from 2008 is the foundation of mode
The January 6th committee investigation uncovered unhinged texts from Ginni Thomas, wife of Supreme Court Justice Clarence Thomas, that implicated her in the riot on the Capitol. The release of the Trump White House records that led to the disc
On May 2, 2022 a draft majority opinion written by Justice Alito was leaked to the press. His draft opinion on Dobbs v. Jackson Women’s Health Organization overturns Roe v. Wade and puts many other constitutional rights the court has guaranteed
Trump's improper dealing with Ukraine was what led to his first impeachment. While most of us were focused on the domestic political implications of Trump's actions, the country of Ukraine was put into jeopardy in a way that many didn't fully r
A school district in Tennessee voted to ban the graphic novel Maus from their curriculum. Because of a case called Pico (1982) the school board's stated objection to the material had to be very carefully worded as to not violate the First Amen
What two rulings about COVID vaccine mandates tell us about the future of the Administrative State under this configuration of the Supreme Court. Plus updates on Texas abortion rights, Executive Privilege in the Jan 6 investigations, and Breye
Supreme Court cases from Mississippi and Texas are challenging long upheld precedents that established abortion rights. Reproductive rights, and many others, are not explicitly referenced in the Constitution, but are considered fundamental bec
An update on SB 8, Executive Privilege of presidential records connected with January 6th, and a short digression into criminal law about the tragic death on a movie set
John Eastman, a mainstream conservative lawyer working for Trump, outlined a plan for VP Pence to declare Trump the winner of the 2020 election regardless of the votes. It didn't happen, but should we be worried about the memo when it comes to
As people argue over public policy regarding the COVID vaccine, Jacobson V. Massachusetts is invoked a lot. Plus, Trump is in court and the first Capitol riot conviction.
This episode contains explicit language quoted from a cheerleader.Recorded on Monday 6/28, Professor Joh walks us through three recent decisions that came in at the end of the term and how they relate to court precedent.California v. TexasMahan