President Harry Truman once said, “I thought I was the president, but when it comes to these bureaucrats, I can’t do a damn thing!” In Justice Antonin Scalia’s most famous dissent, Morrison v. Olson, he argued that the President must have the power to remove executive branch officials, and Congress cannot limit that power. But for nearly a century, the Supreme Court has allowed Congress to do just that. This term, the Supreme Court will once again consider limits on the President’s removal power in Collins v. Mnuchin. Does the President have constitutional authority to tell executive officials, “You’re fired?” Tune in to find out!

 

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

Chief Justice Salmon Chase was too sick to write a dissent in Bradwell v. Illinois, where the majority said the 14th Amendment did not protect a woman’s right to practice law as an attorney. Could a written dissent by Chase have changed the entire trajectory of history? What would he have said about the Constitution’s protection for women? Did his relationship with his daughter, Kate, influence his views? And would Salmon, Kate, and Myra Bradwell be household names today instead of being forgotten by history? Tune in to find out.

Welcome to Dissed, a new podcast from Pacific Legal Foundation. 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.

The Supreme Court will hear its 7th challenge involving Obamacare this term. We sat down to talk about the first Obamacare case, NFIB v. Sebelius, with Randy Barnett, Todd Gaziano, and Josh Blackman and to look for clues about whether the joint dissent actually began as the majority opinion. And will this newest challenge be the one that brings down the whole law? Tune in to find out!

The ladies unpack a ruling from 30 years ago involving religious liberty, a shocking majority opinion, a surprising dissent, and peyote. The decision has been called a travesty, a tragedy, and a sweeping disaster. Will the justices overrule that case—Employment Division v. Smith—this term? And more importantly, will that help or hinder Americans’ freedoms? Tune in to find out.

 

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 judges. Sometimes they’re just cathartic.

 

Elizabeth Slattery introduces the new hosts, GianCarlo Canaparo and Amy Swearer. They recap the Court’s latest rulings (guns, Obamacare, and a Georgia copyright case), and Elizabeth chatted with former Wisconsin Solicitor General Misha Tseytlin. Stay tuned for Supreme Trivia – Elizabeth’s in the hot seat.

 

Elizabeth Slattery & Tiffany Bates have a big announcement that you won’t want to miss! They also recap the Court’s latest rulings (non-unanimous jury verdicts, point source pollutants, and more), and Elizabeth chatted with 2nd Circuit Judge Michael Park about his affinity for NSYNC and Microsoft Outlook. Stay tuned for Supreme Trivia – Dramatic Departures edition.

 

With no word about the March and April oral arguments, Elizabeth Slattery & Tiffany Bates recap the Court’s latest rulings (one involves the infamous pirate, Blackbeard). They also debut their new SCOTUS book club. Elizabeth chats with 6th Circuit Judge Alice Batchelder about her love of roller coasters and her chambers’ unusual dress code. Stay tuned for Supreme Trivia – April Fools’ Day edition.

 

Elizabeth Slattery & Tiffany Bates talk about how courts are practicing social distancing and what may happen with delayed SCOTUS cases. Elizabeth also recently chatted with Benjamin Beaton, a card-carrying Federalist Society member who clerked for the Notorious RBG. Tune in for Supreme Trivia – Learned Sixth Edition. Elizabeth tries to stump Benjamin on his knowledge of his “home court,” the Sixth Circuit.

Please enjoy the George W. Bush Presidential Library’s interview with Justice Neil Gorsuch. Check out other episodes of the Strategerist podcast here: https://podcasts.apple.com/us/podcast/the-strategerist/id1450428537.

 

Mark Walsh joins Elizabeth Slattery this week to break down what the oral arguments in an important separation-of-powers case and the Louisiana abortion case. They discuss the recent dust up between John Roberts and Chuck Schumer and the news that the Court will hear a sixth case involving Obamacare. Elizabeth also chats with Louisiana Solicitor General Elizabeth Murrill about her career. Stay tuned for Supreme Trivia – Before They Were Justices edition. Mark’s in the hot seat!

 

Elizabeth Slattery and Tiffany Bates hit the highlights of the Court’s recent opinions, orders, and denials. They also sit down with 7th Circuit Judge Amy Coney Barrett and hear about tailgating at Notre Dame football games and shooting sporting clays with her clerks. Stay tuned for Supreme Trivia – The Dogma Lives Loudly edition. Elizabeth’s in the hot seat!

 

Laissez les bon temps rouler! Elizabeth Slattery and Tiffany Bates talk about upcoming SCOTUS arguments and the release of Justice Scalia’s papers. Elizabeth also chats with Fifth Circuit Judge Kurt Engelhardt about his quest to find the best king cake in New Orleans. Stay tuned for Supreme Trivia – Mardi Gras edition!

 

Elizabeth & Tiffany talk about grants in cases involving “faithless” presidential electors and the Little Sisters of the Poor. They recap oral argument in the Montana school choice case and discuss the highlights of John Roberts’s new job presiding over President Trump’s impeachment trial. Elizabeth also chats with 4th Circuit Judge J. Harvie Wilkinson about finding work that makes your heart sing.

Stay tuned for Supreme Trivia – Impeachment Edition. Elizabeth’s in the hot seat!

Elizabeth & Tiffany talk about the riveting first opinions of 2020 and new grants, (Trump tax returns, failed 4th Amendment seizures, and more!). They recap oral argument in the “Bridgegate” case and whether “Ok, Boomer” is canceled. Elizabeth also chats with Judge Chad Readler of the 6th Circuit about being a Michigan fan in the heart of Ohio Buckeye territory. Stay tuned for Supreme Trivia. Tiffany’s in the hot seat!

 

Elizabeth Slattery chats with law professor Jack Goldsmith about his effort to clear the name of his step-father, Chuckie O’Brien, who was once a leading suspect in union boss Jimmy Hoffa’s disappearance.

Get Jack’s book, “In Hoffa’s Shadow” here: https://www.amazon.com/Hoffas-Shadow-Stepfather-Disappearance-Detroit-ebook/dp/B07PNXC7WD.

The Daily Caller’s Kevin Daley joins Elizabeth Slattery to break down recent opinions, orders, and oral argument in the fifth Obamacare case at the Supreme Court. Elizabeth also chats with Judge Stephanos Bibas of the 3rd Circuit about the best way to eat a Philly Cheesesteak. Stay tuned for Supreme Trivia – Christmas edition. Kevin’s in the hot seat!

 

Elizabeth Slattery and Tiffany Bates talk about the NYC gun case and offer holiday gift ideas for SCOTUS fans. Elizabeth also chats with Judge Amul Thapar of the 6th Circuit about all things Kentucky.

 

Elizabeth Slattery and Tiffany Bates share what they’re thankful for as the holiday season approaches. They also discuss a few cases going to conference this week and chat with Judge David Stras of the 8th Circuit. Stay tuned for Supreme Trivia. Elizabeth’s in the hot seat!

 

Elizabeth Slattery and Tiffany Bates recap Justice Brett Kavanaugh’s speech to the Federalist Society and this week’s oral argument in the DACA case. Elizabeth also chats with law professor Josh Blackman about his new book, 100 Supreme Court Cases Everyone Should Know. Stay tuned for Supreme Trivia. Tiffany’s in the hot seat!