Month: <span>March 2024</span>
Month: March 2024

First Amendment Retaliation Claim Reaches Supreme Court (Gonzalez v Trevino Primer)

Episode # 81
Today on Legalese we will be discussing the case of Gonzalez v. Trevino. This case posits a novel claim of first amendment retaliation. The Court is being asked to decide what counts as “objective evidence” that someone was arrested in retaliation for constitutionally protected activity.

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Contact Me – Bob@legaleseshow.com

Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.

Opening Salvo: Oral Arguments in NRA v. Vullo Summary & Update

Episode #80
Today on Legalese we will be discussing the case National Rifle Association v. Vullo. This is a case from my Supreme Court Roundup that we last discussed back in November 3032 when the Supreme Court would grant cert on this case.
Last Monday March 18th, 2024, the Court would hear oral arguments in this case. In today’s episode we will be reviewing the facts of the case and the procedural history in the lower courts, then take a deep dive in the merits of the case coming before the court and I provide a breakdown of the oral arguments, including clips of key moment during the hearing, as well as my analysis of the arguments made and the potential outcomes in this case, along with my prediction of the final outcome when the Court hands down their opinion this summer.

Show Notes Page For This Episode – https://constitutionallaw.substack.com/p/show-notes-national-rifle-assoc-v

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“Constitutional Sleight Of Hand: An explicit history of implied powers” Now Available on Amazon – https://www.amazon.com/dp/B0BN93R9QX

Contact Me – Bob@legaleseshow.com

Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.

Justice Courts Controversy: Oral Arguments In Murthy v. Missouri

Episode # 79
Today on Legalese we have my second official video on the social media mass censorship case Murthy v. Missouri. On Monday, March 18th, 2024 this case went before the Supreme Court for oral arguments and they were an exhilarating and controversial session indeed. Though not for any of the actually upsetting and controversial aspects of this case. Rather it was controversial because of a comment posed by Justice Ketanji Brown Jackson, that to me, seemed to be the most sensible, relevant, least controversial comment of the entire Court session….
But I have already discussed that in my last episode “Conservatives Say The Darndest Things”.
Today we will be doing a deep dive into the full session of oral arguments, which were fascinating, but lead us to some very disturbing updates on the potential future of this case.

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“Constitutional Sleight Of Hand: An explicit history of implied powers” Now Available on Amazon – https://www.amazon.com/dp/B0BN93R9QX

Contact Me – Bob@legaleseshow.com

Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.

Jackson Part One – Clickbait

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“Constitutional Sleight Of Hand: An explicit history of implied powers” Now Available on Amazon – https://www.amazon.com/dp/B0BN93R9QX

Contact Me – Bob@legaleseshow.com

Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.

Conservatives Say The Darndest Things (A Conservative Defense of Justice Jackson)

Episode # 78
Today on Legalese we are taking on a viral criticism of Justice Ketanji Brown Jackson that happened following the Court’s oral arguments a few days ago in the Murthy v Missouri case. Now the only problem with the criticisms these conservatives raised is everything. They got everything wrong. This was a willful slander of Justice Ketanji Brown Jackson by a number of prominent conservatives, especially Jim Jordan who intentionally misrepresented Justice Jackson and attacked her for saying something she never actually said.
This episode takes a look at what this criticism was, why the conservative were not just wrong, but acted with malicious mal-intent and a discussion of a number of profound lessons that can be learned from this shit show that really cast worrisome gaze on the so-called “culture war” that is poisoning pretty much every facet of American politics.

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“Constitutional Sleight Of Hand: An explicit history of implied powers” Now Available on Amazon – https://www.amazon.com/dp/B0BN93R9QX

Contact Me – Bob@legaleseshow.com

Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.

Unpacking Government Speech On Social Media

Episode # 77
Today we are discussing the first two case wrap-ups in my annual Supreme Court Roundup. On Friday, the Supreme Court handed down two decisions that deal with the extent to which a government employee is engaging in state action when posting on social media.
These cases are Lindke v Freed and O’Conner-Ratcliff v Garnier.
The government would create a new legal test that is to be applied to determine whether a government official is acting in their official capacity on social media, and therefor looking at when and how a decision to delete a comment or block a user from their social media page constitutes a first amendment violation.

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“Constitutional Sleight Of Hand: An explicit history of implied powers” Now Available on Amazon – https://www.amazon.com/dp/B0BN93R9QX

Contact Me – Bob@legaleseshow.com

Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.

A Truly Disturbing Case Of Social Media Censorship

Episode # 76
Today on Legalese we are going to be covering the upcoming Supreme Court case Murthy v Missouri. This video will be covering the case background, the facts of the case and its procedural history up to and including the preliminary injunction issued by the District Court in this case last year on July 04, 2023 when this case was named “Missouri v Biden”…
The Supreme Court will be hearing oral arguments this coming Monday, March 18th.
This case, which deals with the government censoring social media through jawboning, the practice of doing indirectly things they are not allowed to do directly by leaning on intermediaries to do their dirty work for them.
In this case, the government has been using threats, coercion and intimidation of social media companies to censor the speech of millions of Americans.
This will be the the first of two videos about this case covering the necessary information for you to be able to follow and understand the case for yourself when it comes before the Court next week.

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“Constitutional Sleight Of Hand: An explicit history of implied powers” Now Available on Amazon – https://www.amazon.com/dp/B0BN93R9QX

Contact Me – Bob@legaleseshow.com

Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.

Is The Supreme Court About To Make Machine Guns Legal

Episode # 75
Today on legalese, we will be discussing the recent round of oral arguments that were brought before the Supreme Court last Wednesday in Garland v Cargill. This is the Bump Stock case that will decide whether or not a bump stock is a machine gun under federal law.

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“Constitutional Sleight Of Hand: An explicit history of implied powers” Now Available on Amazon – https://www.amazon.com/dp/B0BN93R9QX

Contact Me – Bob@legaleseshow.com

Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.

A Unanimous Supreme Court Keeps Trump On The Ballot

Episode # 74
Today on Legalese we are breaking down the decision in Trump v Anderson, in which a unanimous Supreme Court would hold that Donald Trump may not be removed from State ballots in either the primary or general election on grounds that he is an insurrectionist for the purposes of Section Three of the Fourteenth Amendment.

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“Constitutional Sleight Of Hand: An explicit history of implied powers” Now Available on Amazon – https://www.amazon.com/dp/B0BN93R9QX

Contact Me – Bob@legaleseshow.com

Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.

Netchoice Cases Update: Everything You Need To Know About Oral Arguments

Episode #73

Earlier this week, the Supreme Court heard oral arguments in NetChoice v. Paxton and Moody v. NetChoice, cases challenging Florida and Texas state laws barring major social media firms from using most types of content moderation, thereby requiring them to host content they disapprove of. The oral arguments suggest a clear majority of the justices believe these laws violate the First Amendment rights of social media providers. They seemed especially skeptical of the government’s desire to force traditional social media sites like Facebook and Twitter to change their moderation practices and disseminate speech they want to exclude.

Today we will be taking a deep dive into the oral arguments that the court heard earlier this week. I’ve pulled together a comprehensive picture of the four hours of oral arguments. As always, I present the most important information and the key moments during the trial that you need to understand this case— and it is presented in a way that is equally useful for lawyers and non-lawyers alike.

I conclude with a summary of the possible outcomes as well as my professional opinion of the most likely outcome in a case that, regardless how it’s decided, will be a landmark in first amendment jurisprudence.

Show Notes Page For This Episode – https://constitutionallaw.substack.com/p/show-notes-netchoice-cases-everything

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“Constitutional Sleight Of Hand: An explicit history of implied powers” Now Available on Amazon – https://www.amazon.com/dp/B0BN93R9QX

Contact Me – Bob@legaleseshow.com

Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.

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