Supreme Court dissents have it all: brilliant writing, surprising reasoning, shade, puns, and sometimes historic impact. Although they are necessarily written by... more
Lady Justice is often depicted wearing a blindfold, signifying that judges are neutral arbiters of the law. Unfortunately, thanks for... more
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
The federal government is brimming with hundreds of agencies and millions of employees, many of whom enjoy some independence from... more
A central feature of our Constitution’s separation of powers is that Congress is charged with making the law, and it... more
In 1978, amid a sordid history of Native American children being taken from their families and placed in custody of... more
In 1944, the Supreme Court upheld the wartime internment of Japanese-Americans. It’s the first time the court applied strict scrutiny... more
In this bonus episode, the ladies tell the sad tale of John Rutledge, the first Supreme Court nominee rejected by... more
Dairy and apples and whiskey and wine. Many of our favorite things have turned in up cases involving the Commerce Clause... more
Supreme Court Justice Clarence Thomas is well known for his heterodox legal views and willingness to stick to his principles.... more
What are “navigable waters of the United States”? It’s a question agency bureaucrats and property owners have battled over since... more
In this bonus episode, the ladies are joined by two fellow SCOTUS watchers to preview the Supreme Court's new term. Follow... more
In 1996, someone murdered four people in a furniture store in a small town in Mississippi. A year later, Curtis... more
In this bonus episode, the ladies discuss the most highly anticipated case of the Supreme Court’s term: Dobbs v. Jackson... more
This is the story of Tone Dougie, an aspiring rapper who posted rap lyrics on Facebook about killing his estranged... more
In this bonus episode, the ladies discuss an exciting cert grant and the Supreme Court’s recent opinions and dissents related... more
In 1972, the Supreme Court ruled that capital punishment was being “so wantonly and so freakishly imposed” that it was... more
In this bonus episode, four guests joined us to make the case for why the Supreme Court should overrule Chevron v.... more
This is the story of Bond. Carole Anne Bond. She discovered her husband and her best friend were having an... more
This episode concerns one of the most vociferous dissents of all times: Justice Antonin Scalia's scathing opinion in United States... more
In 1952, the Supreme Court smacked down President Truman’s attempt to seize the nation’s steel mills. The dissenters—who happened to... more
Antitrust is making headlines, with figures as diverse as Josh Hawley and Elizabeth Warren seeking to use it as a... more
In the landmark ruling District of Columbia v. Heller, Justices Antonin Scalia and John Paul Stevens wrote dueling originalist opinions... more
The idea of “court-packing,”⸺that is, adding seats to the court for political purposes⸺has recently gained steam for the first time... more
In 1883, a Supreme Court ruling signaled the end of federal efforts to protect newly freed slaves and ushered in... more
In this bonus episode, the Political Orphanage's Andrew Heaton joins the ladies to discuss big cases (guns, abortion, and executions,... more
In this bonus episode, the ladies discuss the cursing cheerleader case, Pacific Legal Foundation’s win in a property rights case,... more
In this bonus episode, the ladies discuss the Supreme Court’s recent opinions and dissents related to the Affordable Care Act... more
This is the story of the most consequential Supreme Court case in history: Dred Scott v. Sandford. It was a... more
A license to arrange flowers? Laws mandating higher prices during difficult financial times? Government lawyers defending economic regulations on the... more
Since the Supreme Court first upheld the constitutionality of affirmative action in college admissions in 1978, the clock has been... more
42 U.S. Code § 1983, one of our nation’s most important civil rights statutes, offers plaintiffs a way to seek damages... more
In this bonus episode, the ladies discuss the Supreme Court’s recent opinions and dissents related to juvenile life sentences, disputes... more
For much of our nation’s history, courts asked whether government physically intruded on property to determine if it violated the... more
In the inaugural bonus episode, the ladies discuss the Supreme Court’s latest COVID order and Justice Breyer’s “dissent” on court... more
Almost as soon as the government started passing measures to curb the spread of COVID-19, the lawsuits began. Many of... more
In the spring of 1837, Justice Joseph Story was despondent. A new chief justice—the infamous Roger Taney—had just joined the... more
President Harry Truman once said, “I thought I was the president, but when it comes to these bureaucrats, I can’t... more
What happens when a Supreme Court justice votes to dissent from a ruling but doesn’t actually write a dissenting opinion?... more
The Supreme Court will hear its 7th challenge involving Obamacare this term. We sat down to talk about the first... more
The ladies unpack a ruling from 30 years ago involving religious liberty, a shocking majority opinion, a surprising dissent, and... more
Almost as soon as the government started passing measures to curb the spread of COVID-19, the lawsuits began. Many of them wound... more