Podcasts
Podcasts

Texas Border Crisis: What Democrats Get Wrong

Episode # 70
There are few issues more partisan and controversial than the immigration issue. And where you find controversial issues, you find all manner of bullshit, half-truths, politically biased reporting and false narratives.

While I am not interested in, nor do I intend to discuss the immigration issue as a policy matter, there is one sense in which I do want to discuss it. That is as a legal matter. Because there is a pending immigration case right now you have probably heard of — Department Of Homeland Security v Texas. As is to be expected, there is no shortage of false narratives and melodramatics surrounding this case on all sides of the issue. So I am going to be taking on some outrageously biased legal arguments regarding this case and it’s subject matter. Breaking through the hard outer shell of lies, to get to the ripe, juicy truth at the center.
This is the second and final installment of this series. In the first video we focused on Republican disinformation regarding the meaning of the Constitution and the powers they claim it grants them in dealing with illegal immigration. Today’s video will be examining the Democrat’s response to Texas actions and claims and it is apparent that twisting the meaning of the law and of the Constitution to suit a partisan political argument is not a trat Republican have a monopoly on.
We find renowned journalist and distinguished legal scholars telling obvious and blatant lies about Governor Greg Abbot and the State of Texas, regarding a recent Supreme Court order relating to the pending case Department of Homeland Security v Texas that’s currently being adjudicated in the Fifth Circuit.

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Legalese Homepage – https://www.legalesepodcast.com/
“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.

Texas Border Crisis – What Everyone Gets Wrong About DHS v Texas

Episode #
There are few issues more partisan and controversial than the immigration issue. And where you find controversial issues, you find all manner of bullshit, half-truths, politically biased reporting and false narratives.
While I am not interested in, nor do I intend to discuss the immigration issue as a policy matter, there is one sense in which I want to discuss it as a legal matter. Because there is a pending immigration case right now you have probably heard of. DHS v Texas. And just as you would expect there is no shortage of false narratives and melodramatics surrounding this case on all sides of the issue. So I am going to be taking one outrageous politically biased legal argument from Republicans, as well as one from the Democrats regarding this case and we will be breaking them down to get to the truth of the matter.

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Subscribe To Legalese Newsletter – https://legaleseshow.com/
Legalese Homepage – https://www.legalesepodcast.com/
“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.

Chevron Is Dead, Long Live Chevron

Episode #68
Today on Legalese we are talking about the death of the Chevron Doctrine. On January 17th, the Supreme Court heard oral arguments in Relentless Inc. v Department Of Commerce and Loper Bright Enterprises v Raimondo.
These two cases are asking whether or not the Court should overrule the Chevron Doctrine, which holds a court should defer to the judgement of an administrative agency in their interpretation of a statute if the statute is ambiguous or if Congress has been silent on the propriety of a particular interpretation of a law.
While I have maintained for the last several years, ever since I first started following and discussing the Loper Bright case, that we will not see the Court actually stepping up and overruling Chevron as a result of these cases. I now believe that is exactly what will happen.
While no one ever likes having to admit they are wrong…. This is one instance where I could not be happier to be able to say that I was mistaken.
Following oral arguments it seems perfectly clear that the Court is preparing to overrule the Chevron Doctrine. Today we discuss why I believe that is the most logical and probable outcome in this case.
I also discuss why I had been so skeptical of this potential outcome and we do a deep dive into the oral arguments to highlight precisely why and how my opinion on the matter has completely shifted.
We also discuss the history of Chevron Deference and the background of these two cases. We also spend some time exploring the future of the administrative state in a world without Chevron and why this change will leave all three branches of government better equipped to fulfill their actual constitutional duties.

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Subscribe To Legalese Newsletter – https://legaleseshow.com/
Legalese Homepage – https://www.legalesepodcast.com/
“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.

How The Administrative State Is Disputing Your Right To A Jury Trial

Episode # 66
Today on Legalese we are doing a deep dive into the pending Supreme Court Case SEC v Jarkesy. This case was one included in my Supreme Court Roundup video from October 2023, which included a very brief summary of the case and reviewed the Question Presented.
Today we will be giving this case the comprehensive attention it deserves as what I believe may be the most interesting and important Supreme Court case in my annual case roundup. The Court is being asked to either reaffirm or vacate a decision by the Fifth Circuit Court Of Appeals that found an internal SEC case brought against George Jarkesy as unconstitutional on three separate grounds.
First, it deprived Jarkesy of his Seventh Amendment right to a trial by jury.
Second, it violated the Non-Delegation Doctrine.
Third, it violates the “Take Care” clause of Article II because the President is powerless to remove an Administrative Law Judge, such as the judge that ruled against Jarkesy.
Today we take a deep dive into the administrative state, the Fifth Circuit decision, we review the oral arguments from this case before the Supreme Court and I debunk the scare-mongering untruths that are spreading by way of the corporate media and the Washington DC political class.

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Subscribe To Legalese Newsletter – https://legaleseshow.com/
Legalese Homepage – https://www.legalesepodcast.com/
“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.

Moore Money, Moore Problems

Episode # 65
Today on Legalese, we are discussing the case Moore v United States. This case, which was part of my 2023 Supreme Court Roundup was argued before the Court on December 5th, 2023.
There is a lot of new information that can be gleaned about this case from those arguments and so this video will be a summary of those arguments. Looking at the key issues raised and making some fairly certain predictions about the outcome of this case.

Go Read my Article about Moore v United States that I mention at the top of my video: https://constitutionallaw.substack.com/p/moore-money-moore-problems-183

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Subscribe To Legalese Newsletter – https://legaleseshow.com/
Legalese Homepage – https://www.legalesepodcast.com/
“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.

History Of Qualified Immunity

Episode # 64
Today on Legalese, we have my history of the qualified immunity doctrine..

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Subscribe To Legalese Newsletter – https://legaleseshow.com/
Legalese Homepage – https://www.legalesepodcast.com/
“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.

Qualified Immunity Turns On Police & Cops Get A Taste Of Their Own Medicine!

Episode # 63
Today on Legalese we will be discussing two truly outrageous cases in which cops were granted qualified immunity.
The first is a unique example of what I call “Blue on blue violence”; a term I coined to describe incidents in which police officers are both preparator and victim.
The second is a shocking example of a citizen who did, quite literally, nothing wrong and yet found himself being followed home by a truly deranged sociopath who not only followed him all the way home, where he would proceed to assault this man right in his driveway… Only to find out this deranged sociopath turned out to be an off-duty police officer who would also be granted qualified immunity.

Follow & Support
Subscribe To Legalese Newsletter – https://legaleseshow.com/
Legalese Homepage – https://www.legalesepodcast.com/
“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.

SCOTUS Roundup 2023 – Gun Rights & The Second Amendment

Episode #62

Today on Legalese we will be discussing three cases going before the Supreme Court this term that are centered on gun rights and the second amendment. Two are new cases that the Court just recently granted cert on last week. Garland v Cargill and National Rife Association v Vullo. The third case is revisiting a case we already discussed in my first roundup video on October 2nd 2023. This is United States v Rahimi. The Court heard oral arguments in the case on November 7th. I have a hell of a lot to say about it and we can make a fairly confident prediction about the outcome of this case.

Follow & Support
Subscribe To Legalese Newsletter – https://legaleseshow.com/
Legalese Homepage – https://www.legalesepodcast.com/
“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.

What The Hell Is Progressive Originalism?

Episode #61 of the podcast Legalese explores the concept of Progressive Originalism in judicial philosophy. It discusses how it differs from other originalist interpretations, notably original public meaning and textualism. The episode highlights Junior Associate Justice Ketanji Brown Jackson, the first Progressive Originalist on the Supreme Court, who could become a significant figure due to certain surprising factors.

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