Treason Is The Reason For The Season
Independence Day Celebration
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Podcasts
Chevron Is Dead!
Episode #99
Today we are looking at the decisions in Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce, two cases whose final outcome has finally entirely overruled Chevron v. NRDC (1984)… The damned case that created Chevron Deference and gave the administrative state broadly unconstitutional powers that would give Article II Executive Agencies powers granted under the Constitution to the legislature under Article I and the federal judiciary under Article III.
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An Epic Victory For The Right To A Jury Trial
Episode #98
Today on Legalese, we will be wrapping up the Supreme Court case SEC v. Jarkesy. This has been one of the most anticipated of all cases for this term and it was well worth the wait!
In a powerful and compelling opinion for the court written by Chief Justice John Roberts, this case has struck a devastating blow to the Administrative State, while also powerfully protecting our Fifth Amendment rights to due process of law and the Seventh Amendment right to a jury trial in civil cases.
Show Notes Page – https://constitutionallaw.substack.com/p/an-epic-victory-for-your-right-to
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Supreme Court Supports Censorship By Proxy
Episode #97
The Supreme Court on Wednesday threw out a lawsuit seeking to limit the government’s ability to communicate with social media companies about their content moderation policies. By a vote of 6-3, the court ruled that that the plaintiffs did not have a legal right, known as standing, to bring their lawsuit.
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Moore Money, More Problems (Decision In Moore v. United States)
Episode #96
The Supreme Court on Thursday upheld a provision of a 2017 corporate tax reform law, known as the mandatory repatriation tax, that taxes the undistributed profits from U.S. shares of foreign corporations in which Americans own a majority. An American couple had challenged the constitutionality of the one-time tax, which was imposed on earnings after 1986 and would increase the couple’s tax bill by approximately $15,000. But by a vote of 7-2, the court ruled that the tax does not violate the Constitution.
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Victory and Vindication in Gonzalez v. Trevino Decision
Episode #95
Today on Legalese, we wrap up our in-depth coverage of the Supreme Court case of Gonzalez v. Trevino. The Court would issue a per curiam opinion that is a major victory for Sylvia Gonzalez, as her case will now be allowed to move forward in the Fifth Circuit, under instructions from the Supreme Court guiding the lower courts to adopt Sylvia Gonzalez’s first amendment retaliation claim, utilizing the Nieves exception as argued by Sylvia Gonzalez.
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A Strange Victory For Sylvia Gonzalez’s First Amendment Retaliation Case
Episode # 95
Today on Legalese we discuss the strange victory in the First Amendment Retaliation Case of Gonzalez v. Trevino. While this case is indeed a major victory for Sylvia Gonzalez, the Supreme Court’s Per Curiam opinion is puzzling to say the least.
We will certainly be discussing this case in a future video to try and analyze how and why the Court would issue a Per Curiam opinion in a case where several Justices, including several that concurred with a decision in favor of Sylvia Gonzalez never-the-less seem to disagree with the outcome.
However, at least for today, I give you a simple breakdown of the Opinion of the Court.
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Supreme Court Smacks Down Bump Stock Ban
Episode #95
Today on Legalese, we are wrapping up the Supreme Court case of Garland v. Cargill. We have been following this case here on this channel for the past 2+ years as it wound its way through the lower courts.
We now have a final resolution on the matter, as the Supreme Court, on Friday June 14, 2024 would issue their opinion on the case.
The Supreme Court would hold that a bump stock does not meet the definition of a machine under 26 U.S.C. §5845(b). As such the Trump Administration’s decision to reclassify bump stocks as a machinegun through the ATF’s regulatory rulemaking power was an affront to the rule of law and separation of powers.
The Court would hold that any regulation of bump stocks would have to come from Congressional legislation. As such, the ATF’s attempt to ban these devices was unlawful and unconstitutional.
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SCOTUS Calls Bullshit On Bump Stock Ban
Episode # 95
Today on Legalese, we have our Supreme Court Wrap-Up for Garland v Cargill, the case that challenged the Trump Administration’s bump stock ban. The Court would side with the Rule of Law and Separation of Powers by upholding the inability of the Executive Branch, specifically the ATF, from being able to essentially rewrite the meaning of statute’s through agency rulemaking.
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Supreme Court Delivers Decision In The “Trump Too Small” Case
Episode # 93
Today on Legalese, we are discussing the Supreme Court’s decision in Vidal v. Elster (Also known as the “Trump Too Small” case).
This case arises from Steve Elster’s efforts to register the phrase “Trump Too Small” so that he could print and sell t-shirts bearing that phrase.
The court on Thursday, June 13, 2024 unanimously rejected an attempt to force the Patent and Trademark Office to accept the registration “Trump too small” as a trademark for T-shirts mocking the former president.
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