37 episodes

Supreme Court dissents have it all: brilliant writing, surprising reasoning, shade, puns, and sometimes historic impact. Although they are necessarily written by the "losing" side, they’re still important: they can provide a roadmap for future challenges or persuade other justices. Sometimes they're just cathartic. 
 
In Dissed, attorneys Anastasia Boden and Elizabeth Slattery dig deep into important dissents, both past and present, and reveal the stories behind them. 
Twitter: @EHSlattery @Anastasia_Esq @PacificLegal 
 
Email us at Dissed@pacificlegal.org



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Dissed Pacific Legal Foundation

    • Government
    • 4.9 • 139 Ratings

Supreme Court dissents have it all: brilliant writing, surprising reasoning, shade, puns, and sometimes historic impact. Although they are necessarily written by the "losing" side, they’re still important: they can provide a roadmap for future challenges or persuade other justices. Sometimes they're just cathartic. 
 
In Dissed, attorneys Anastasia Boden and Elizabeth Slattery dig deep into important dissents, both past and present, and reveal the stories behind them. 
Twitter: @EHSlattery @Anastasia_Esq @PacificLegal 
 
Email us at Dissed@pacificlegal.org



Hosted on Acast. See acast.com/privacy for more information.

    The Supreme Court and Indian Children

    The Supreme Court and Indian Children

    In 1978, amid a sordid history of Native American children being taken from their families and placed in custody of non-Indians, Congress passed the Indian Child Welfare Act, or ICWA. Though passed with good intentions, critics say ICWA actually offers Indian children less protection than non-Indian children solely because of their ancestry. This term, the Supreme Court will decide Brackeen v. Haaland, which challenges the constitutionality of ICWA. But a case nearly a decade ago foreshadowed the constitutional arguments that are now before the court.
     
    Thanks to our guests Timothy Sandefur and Oliver Dunford.
     
    Follow us on Twitter @anastasia_esq @ehslattery @pacificlegal #DissedPod

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    • 40 min
    Korematsu and the Court of History

    Korematsu and the Court of History

    In 1944, the Supreme Court upheld the wartime internment of Japanese-Americans. It’s the first time the court applied strict scrutiny to racial discrimination by government. Over the protests of three justices, the Court held in Korematsu v. United States that the Roosevelt Administration met that exacting standard. One of the dissenters lamented, “Racial discrimination … has no justifiable part whatever in our democratic way of life.” Nearly 75 years later, the court would explain that ruling “was gravely wrong the day it was decided” and “has been overruled in the court of history.” What is Korematsu’s legacy and how is it casting an influence on the court today?  
    Thanks to our guests John Q. Barrett and John Yoo.  
    To learn more, check out KOREMATSU VERSUS US, a documentary short produced by the Federalist Society that explores the facts, conviction, and following cases surrounding Fred Korematsu and the other 120,000 "relocated" immigrants and citizens during World War II at https://fedsoc.org/commentary/videos/korematsu-versus-us
    Follow us on Twitter @ehslattery @anastasia_esq @pacificlegal #DissedPod 

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    • 38 min
    BONUS: Supreme Court Justice – DENIED!

    BONUS: Supreme Court Justice – DENIED!

    In this bonus episode, the ladies tell the sad tale of John Rutledge, the first Supreme Court nominee rejected by the Senate. It’s a cautionary tale that demonstrates why justices should hold their fire for their dissents rather than political speeches.
    Follow us on Twitter @ehslattery @anastasia_esq @pacificlegal #DissedPod

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    • 16 min
    Total Swine

    Total Swine

    Dairy and apples and whiskey and wine. Many of our favorite things have turned in up cases involving the Commerce Clause at the Supreme Court. This term, the Court will consider whether a California law regulating the sale of pork violates that Clause. Some think the Court will strike California's pork ban down. Others wonder, based on recent dissents, whether the justices will use this opportunity to get rid of the "dormant Commerce Clause" doctrine altogether. Join the ladies as they take a romp from the 1780s to present day in search of the "dormant Commerce Clause," a phrase frequently invoked but not actually found anywhere in the Constitution.
    Thanks to our guests Barry Friedman, Carter Phillips, and Adi Dynar, and to Jenni Etimos for her rendition of "Free Market Favorite Things."
    Check out the full version of Gyu-Ho Lee's rock cover of "My Favorite Things": https://www.youtube.com/watch?v=kdRwBNkbLXs
    Follow us on Twitter @ehslattery @anastasia_esq @pacificlegal #DissedPod

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    • 34 min
    BONUS: Who is Clarence Thomas?

    BONUS: Who is Clarence Thomas?

    Supreme Court Justice Clarence Thomas is well known for his heterodox legal views and willingness to stick to his principles. What’s less known is his incredible story. Born dirt poor in the segregated south, Thomas’s work ethic and intellect led him to Yale Law School, then to becoming Chairman of EEOC, then to nomination as federal appellate judge, and finally to confirmation as a Supreme Court Justice. According to Mark Paoletta, co-editor of a recently released book about the justice, Thomas’s life “is more stunning and amazing than just about anybody in public life as we know it.”
    In this mini-episode, the ladies interview Mark, who tells the not often told tale of this often talked about Supreme Court justice.
    Special thanks to Mark, whose book “Created Equal: Clarence Thomas in his own words” (based on the documentary of the same name) was released this year.
    Follow us on Twitter: @Anastasia_Esq @EHSlattery @PacificLegal

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    • 21 min
    Water, Water Everywhere

    Water, Water Everywhere

    What are “navigable waters of the United States”? It’s a question agency bureaucrats and property owners have battled over since the passage of the Clean Water Act in 1972. A Supreme Court ruling in 2006 that could have cleared it up is … about as clear as mud. This term, in Sackett v. EPA, the Court may finally provide the answer.
    Thanks to our guests Jonathan Adler and Damien Schiff.
    Follow us on Twitter @ehslattery @anastasia_esq @pacificlegal #DissedPod

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    • 40 min

Customer Reviews

4.9 out of 5
139 Ratings

139 Ratings

SLGilk ,

My favorite legal podcast

Entertaining and informative

Mrs. Do the Dew ,

Making the Supreme Court fun!

This podcast is great. I learn so much and the hosts have a great way of breaking it down so even people like me can understand. Great work!

JLEdc ,

Fantastic, relevant podcast you should be listening to

What a great show! That’s a wonderful balance of new and old cases to highlight how the Court has changed. It leaves no stone unturned. The hosts do a really good job, and it’s well produced

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