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Pacific Legal Foundation

Supreme Court dissents have it all: brilliant writing, surprising reasoning, shade, puns, and sometimes historic impact. Although they are necessarily written by... more

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Episodes

Lady Justice Isn’t Blind

Lady Justice is often depicted wearing a blindfold, signifying that judges are neutral arbiters of the law. Unfortunately, thanks for... more

19 Jul 2023 · 46 minutes
A Ripsnorting Dissent

The government’s deprivation of life, liberty, or property is legitimate only if preceded by certain procedural protections—better known as due process of... more

05 Apr 2023 · 40 minutes
The Buck Stops with the President

The federal government is brimming with hundreds of agencies and millions of employees, many of whom enjoy some independence from... more

08 Mar 2023 · 38 minutes
Delegation Running Riot at SCOTUS

A central feature of our Constitution’s separation of powers is that Congress is charged with making the law, and it... more

08 Feb 2023 · 38 minutes
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... more

04 Jan 2023 · 40 minutes
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... more

07 Dec 2022 · 38 minutes
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... more

23 Nov 2022 · 16 minutes
Total Swine

Dairy and apples and whiskey and wine. Many of our favorite things have turned in up cases involving the Commerce Clause... more

09 Nov 2022 · 34 minutes
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.... more

19 Oct 2022 · 21 minutes
Water, Water Everywhere

What are “navigable waters of the United States”? It’s a question agency bureaucrats and property owners have battled over since... more

30 Sep 2022 · 40 minutes
BONUS: A Live Supreme Court Preview

In this bonus episode, the ladies are joined by two fellow SCOTUS watchers to preview the Supreme Court's new term. Follow... more

26 Sep 2022 · 44 minutes
Six Trials, Seventy-Two Jurors, and One Supreme Court Dissent

In 1996, someone murdered four people in a furniture store in a small town in Mississippi. A year later, Curtis... more

06 Jul 2022 · 37 minutes
BONUS: A Dog's Breakfast

In this bonus episode, the ladies discuss the most highly anticipated case of the Supreme Court’s term: Dobbs v. Jackson... more

30 Jun 2022 · 38 minutes
Will the Real Tone Dougie Please Stand Down

This is the story of Tone Dougie, an aspiring rapper who posted rap lyrics on Facebook about killing his estranged... more

22 Jun 2022 · 31 minutes
BONUS: And Bingo Was His Name-o

In this bonus episode, the ladies discuss an exciting cert grant and the Supreme Court’s recent opinions and dissents related... more

16 Jun 2022 · 24 minutes
Thurgood Marshall and the Machinery of Death

In 1972, the Supreme Court ruled that capital punishment was being “so wantonly and so freakishly imposed” that it was... more

08 Jun 2022 · 38 minutes
BONUS: Which Case Should SCOTUS Overturn?

In this bonus episode, four guests joined us to make the case for why the Supreme Court should overrule Chevron v.... more

02 Jun 2022 · 15 minutes
License to Mildly Burn

This is the story of Bond. Carole Anne Bond. She discovered her husband and her best friend were having an... more

25 May 2022 · 37 minutes
Scalia/Ginsburg

This episode concerns one of the most vociferous dissents of all times: Justice Antonin Scalia's scathing opinion in United States... more

02 Feb 2022 · 58 minutes
Emergency Powers Kindle Emergencies

In 1952, the Supreme Court smacked down President Truman’s attempt to seize the nation’s steel mills. The dissenters—who happened to... more

19 Jan 2022 · 46 minutes
Big Tech, Antitrust, and the Supreme Court

Antitrust is making headlines, with figures as diverse as Josh Hawley and Elizabeth Warren seeking to use it as a... more

05 Jan 2022 · 50 minutes
We Are All Originalists Now

In the landmark ruling District of Columbia v. Heller, Justices Antonin Scalia and John Paul Stevens wrote dueling originalist opinions... more

22 Dec 2021 · 48 minutes
Justice Roberts is Hot ‘n Cold

The idea of “court-packing,”⸺that is, adding seats to the court for political purposes⸺has recently gained steam for the first time... more

08 Dec 2021 · 51 minutes
The Great Dissenter

In 1883, a Supreme Court ruling signaled the end of federal efforts to protect newly freed slaves and ushered in... more

24 Nov 2021 · 55 minutes
BONUS: A Supreme Court Preview

In this bonus episode, the Political Orphanage's Andrew Heaton joins the ladies to discuss big cases (guns, abortion, and executions,... more

08 Oct 2021 · 29 minutes
BONUS: Pop the Champagne

In this bonus episode, the ladies discuss the cursing cheerleader case, Pacific Legal Foundation’s win in a property rights case,... more

23 Jun 2021 · 25 minutes
BONUS: Justice Alito Is On Fire

In this bonus episode, the ladies discuss the Supreme Court’s recent opinions and dissents related to the Affordable Care Act... more

17 Jun 2021 · 22 minutes
Your Obedient Servant, B.R. Curtis

This is the story of the most consequential Supreme Court case in history: Dred Scott v. Sandford. It was a... more

16 Jun 2021 · 56 minutes
The Right to... WERK

A license to arrange flowers? Laws mandating higher prices during difficult financial times? Government lawyers defending economic regulations on the... more

02 Jun 2021 · 50 minutes
Affirmative Action and the March of Time

Since the Supreme Court first upheld the constitutionality of affirmative action in college admissions in 1978, the clock has been... more

19 May 2021 · 49 minutes
The King Can Do No Wrong

42 U.S. Code § 1983, one of our nation’s most important civil rights statutes, offers plaintiffs a way to seek damages... more

05 May 2021 · 44 minutes
BONUS: SCOTUS Crusades

In this bonus episode, the ladies discuss the Supreme Court’s recent opinions and dissents related to juvenile life sentences, disputes... more

30 Apr 2021 · 24 minutes
Don't Call It a Comeback

For much of our nation’s history, courts asked whether government physically intruded on property to determine if it violated the... more

21 Apr 2021 · 43 minutes
BONUS: COVID and Court Packin’

In the inaugural bonus episode, the ladies discuss the Supreme Court’s latest COVID order and Justice Breyer’s “dissent” on court... more

16 Apr 2021 · 23 minutes
A Regulator Walks Into a Pandemic

Almost as soon as the government started passing measures to curb the spread of COVID-19, the lawsuits began. Many of... more

07 Apr 2021 · 37 minutes
The Last, Lonely Federalist

In the spring of 1837, Justice Joseph Story was despondent. A new chief justice—the infamous Roger Taney—had just joined the... more

09 Dec 2020 · 43 minutes
You're Fired

President Harry Truman once said, “I thought I was the president, but when it comes to these bureaucrats, I can’t... more

25 Nov 2020 · 29 minutes
A Dissent Forgotten by History

What happens when a Supreme Court justice votes to dissent from a ruling but doesn’t actually write a dissenting opinion?... more

11 Nov 2020 · 35 minutes
Bringing Down Obamacare

The Supreme Court will hear its 7th challenge involving Obamacare this term. We sat down to talk about the first... more

28 Oct 2020 · 41 minutes
Scalia, Blackmun, and Religion

The ladies unpack a ruling from 30 years ago involving religious liberty, a shocking majority opinion, a surprising dissent, and... more

14 Oct 2020 · 40 minutes
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A Regulator Walks Into a Pandemic
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Description

Almost as soon as the government started passing measures to curb the spread of COVID-19, the lawsuits began. Many of them wound... more