What Trump Can Teach Us About Con Law
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What Trump Can Teach Us About Con Law
Professor Elizabeth Joh teaches Intro to Constitutional Law and most of the time this is a pretty straight forward job. But when Trump came into office, everything changed. During the four years of the Trump presidency, Professor Joh would check Twitter five minutes before each class to find out wha...
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Smoot, Hawley, and Trump
A Senate fight over Lady Chatterley’s Lover paved the way for Trump’s sweeping tariffs. Now the Supreme Court will decide if presidents can use emerge...
Bad Faith President
The United States generally does not allow a standing army to be used against civilians. But Trump has been exploiting an exception to keep troops in...
The Return of Con Law
We heard you. The chorus of voices asking “where is Con Law? Where is Professor Elizabeth Joh to guide us through this madness? We need it now more th...
Election Lawsuits
No matter what happens on Election Day, Trump and his allies have already put legal challenges in motion. Here’s what a nerdy agency, hanging chads, a...
Enemy Aliens
Falsely claiming there is a wave of violence perpetrated by migrants, Trump has threatened mass deportations under the broad and terrifying powers of...
Faithless Electors and Wrong Winners
The United States has a strange way of electing presidents.
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Deepfakes and Lying Liars
Election deepfakes have the potential to change people's opinions about a presidential election in ways that can be harmful to democracy and the truth...
Whose Speech, Whose Campus
As students go back to school, colleges and universities across the country are preparing for the continuation of protests against the Israel-Hamas wa...
Fishy Deep State
What’s the connection between former President Donald Trump's attacks on the so-called “Deep State" and a tiny silvery fish? The Supreme Court, of cou...
Preview: Not Built For This
We’ve got a preview of a new miniseries for you called Not Built for This, created and hosted by Emmett FitzGerald. It’s a show about climate change,...
Cruel and Unusual
In 1960, a man named Lawrence Robinson was sentenced to 90 days in jail for violating a California law that made it illegal to be addicted to narcotic...
Farfetched Arguments
After an unprecedented several weeks in politics, some on the right are advancing far-fetched arguments to challenge Vice President Kamala Harris’ pre...
Law-Free Zone
The concept of presidential immunity is not explicitly stated anywhere in the Constitution. That hasn’t stopped the Supreme Court from essentially cre...
The Disqualification Clause
In the aftermath of the Civil War, the Disqualification Clause was adopted to ensure that former officials and soldiers in the Confederacy would be ba...
Gag
Gag orders are usually put in place to protect a defendant's right to a fair trial by limiting inflammatory statements. What happens when it's the def...
Margarine, Meadows, and Removal
On August 14, Fulton County District Attorney Fani Willis announced that the grand jury had returned a criminal indictment against Trump and eighteen...
Comstock Zombies
19th century "zombie" laws are shambling into the abortion debate. The Comstock Act of 1873 made it illegal to send “obscene, lewd or lascivious,” “im...
On the Eve of Trump's Arraignment
On April 4th (that’s tomorrow as I record this) former President Trump is expected to be arraigned in a Manhattan court room. He was indicted by a New...
Lies, George Santos, and the 1st Amendment
New York's 3rd Congressional District elected a newcomer named George Santos in November of 2022. Since the election, it was revealed that Santos lied...
Weddings, Websites, and Forced Speech
It’s been established law that it is wrong for businesses to discriminate against customers because of their race or ethnic background, but what if a...
The War Between the States
How the Dormant Commerce Clause tries to stop states from passing laws that put an undue burden on interstate commerce and what that means for states...
Trump's Bet on Cannon
When the FBI executed a search warrant on his home, Trump and his lawyers filed their complaints in a district where they thought they’d get sympathet...
The Mar-a-Lago Warrant
The official court order that permitted the search of Mar-a-Lago was made public, and even though much of it was redacted, there is a lot of informati...
The Longest Week
In the final week of the most recent term, the Supreme Court decided to limit one constitutional right (abortion) and expand another constitutional r...
Jan 6 and the Evidence Against Trump
What have we learned from the January 6th Committee hearings and what does is mean for a potential Justice Department investigation of Trump?
Ho...
After Dobbs
The Dobbs v. Jackson Women's Health Organization decision has overturned Roe v. Wade and revoked the right to abortion, a Constitutionally guaranteed...
The Second Amendment
The recent mass shootings and a New York gun carrying permit case awaiting a decision from the Supreme Court calls for an examination of the current i...
Ethics and Masks
The January 6th committee investigation uncovered unhinged texts from Ginni Thomas, wife of Supreme Court Justice Clarence Thomas, that implicated her...
The Leaked Draft
On May 2, 2022 a draft majority opinion written by Justice Alito was leaked to the press. His draft opinion on Dobbs v. Jackson Women’s Health Organiz...
On the Other End of the Line
Trump's improper dealing with Ukraine was what led to his first impeachment. While most of us were focused on the domestic political implications of T...
Book Banning and the Constitution
A school district in Tennessee voted to ban the graphic novel Maus from their curriculum. Because of a case called Pico (1982) the school board's sta...
The Administrative State
What two rulings about COVID vaccine mandates tell us about the future of the Administrative State under this configuration of the Supreme Court. Plu...
A Jurisprudence of Doubt
Supreme Court cases from Mississippi and Texas are challenging long upheld precedents that established abortion rights. Reproductive rights, and many...
Executive Privilege, SB 8 update, and Rust
An update on SB 8, Executive Privilege of presidential records connected with January 6th, and a short digression into criminal law about the tragic d...
The Eastman Memo
John Eastman, a mainstream conservative lawyer working for Trump, outlined a plan for VP Pence to declare Trump the winner of the 2020 election regard...
Shadow Docket
The "Shadow Docket," Texas's SB 8, and the state of abortion rights in the US
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Double Dose of Jacobson
As people argue over public policy regarding the COVID vaccine, Jacobson V. Massachusetts is invoked a lot. Plus, Trump is in court and the first Capi...
Bong Hits for Jesus
This episode contains explicit language quoted from a cheerleader.
Recorded on Monday 6/28, Professor Joh walks us through three recent decision...
Hate Crimes
On May 20, 2021, President Biden signed the COVID-19 Hate Crimes Act. This bill made special mention of hate crimes against Asian Americans. This was...
Pattern and Practice
What can a President do when it comes to reforming the approximately 18,000 locally governed police departments around the US? The infamous Rodney Ki...