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Episode # 66

Today on Legalese we are doing a deep dive into the pending Supreme Court Case SEC v Jarkesy. This case was one included in my Supreme Court Roundup video from October 2023, which included a very brief summary of the case and reviewed the Question Presented.

In my opinion, this case is shaping up to be the most interesting and most consequential among those I am covering for this term in my Supreme Court Roundup. Which is why today we’ll be giving this case the comprehensive attention it deserves. The Court is being asked to either reaffirm or vacate a decision by the Fifth Circuit Court Of Appeals that found an internal SEC case brought against George Jarkesy as unconstitutional on three separate grounds.

Today we take a deep dive into the administrative state, the Fifth Circuit decision, the Supreme Court oral arguments and the scare-mongering untruths that are spreading by way of the corporate media and the Washington DC political class.

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Legalese is a podcast that discusses all things constitutional law as well as current events in areas of law, politics & culture.

Episode # 65

Today on Legalese, we are discussing the case Moore v United States. This case, which was part of my 2023 Supreme Court Roundup was argued before the Court on December 5th, 2023.

There is a lot of new information that can be gleaned about this case from those arguments and so this video will be a summary of those arguments. Looking at the key issues raised and making some fairly certain predictions about the outcome of this case.

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Legalese is a podcast that discusses all things constitutional law as well as current events in areas of law, politics & culture.

Understanding The Significance Of Ketanji Brown Jackson And Progressive Originalism

Episode #61

Today on Legalese we will be discussing the judicial philosophy of Progressive Originalism. What is it, what isn't it, how does it work and to what ends? Plus how does it compare with the other more common forms of Originalist judicial interpretation such as original public meaning or textualism?

Also we will be talking about the first Progressive Originalist on the Supreme Court. That is of course the Junior Associate Justice Ketanji Brown Jackson. I will be discussing some likely surprising reasons Ketanji Brown Jackson has the potential to become one of the most influential justices on the high court and why that's not necessarily a bad thing!

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Constitutional Sleight Of Hand: An explicit history of implied powers Now Available on Amazon

Legalese is a podcast that discusses all things constitutional law as well as current events in areas of law, politics & culture.
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The History Of Qualified Immunity -The Slow Death Of Government Accountability

Episode # 64

Today on Legalese we are talking about the history of the qualified immunity doctrine.

We do a deep dive into constitutional law and common law to show just how ahistorical this doctrine is, having been invented out of nothing by the Supreme Court in the 1980’s.

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Qualified Immunity Turns Against Police (Blue On Blue Violence)

Episode # 63

Today on Legalese we will be discussing two truly outrageous cases in which cops were granted qualified immunity.

The first is a unique example of what I call "blue on blue violence". A term I coined to describe incidents in which police officers are both preparator and victim. In this case, one officer shot another in the back, paralyzing him. The hapless cop who carelessly shot him would get qualified immunity.

While this case is, of course, a tragedy for Officer Jamie Morales (the injured cop)— If we step back, we can see this case as potentially being a positive development. Perhaps more police need to become victims of their own standards and practices if we ever hope to demonstrate just how unjust and unequitable the qualified immunity doctrine truly is.

The second case is a truly shocking example of a citizen who did absolutely nothing wrong and yet found himself being followed home by a truly deranged sociopath, who proceeded to assault this man right in his driveway... Only to find out this deranged sociopath was a police officer. He would also get qualified immunity for this off-duty assault that was the result of a deranged cop with a volatile temper and zero impulse control engaging in one of the most extreme cases of road rage ever.

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Episode #62

Today on Legalese we will be discussing three cases going before the Supreme Court this term that are centered on gun rights and the second amendment. Two are new cases that the Court just recently granted cert on last week. Garland v Cargill and National Rife Association v Vullo. The third case is revisiting a case we already discussed in my first roundup video on October 2nd 2023. This is United States v Rahimi. The Court heard oral arguments in the case on November 7th. I have a hell of a lot to say about it, as well as giving you my prediction for the outcome of this case.

Subscribe to the Legale§e Newsletter You will get notifications for all new content, whether it’s articles, podcasts or videos!

Visit the Legale§e Podcast homepage to learn more about the show, get updates, contact me, buy my book, find links to my social media & more!

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Constitutional Sleight Of Hand: An explicit history of implied powers Now Available on Amazon

Legalese is a podcast that discusses all things constitutional law as well as current events in areas of law, politics & culture.

Episode #60

Episode #59

“Constitutional Sleight Of Hand: An explicit history of implied powers” Now Available on Amazon

Episode #58

Show Note Page for "Supreme Court Roundup 2023-2024 Term"

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Tags: Law,Constitution,Politics,legal theory,Moral Philosophy,Current Events,supreme court,first amendment,1A,social media,SB 7072,HB 20,administrative law,chevron,rahimi,2A,second amendment,7th amendment,5th amendment,takings clause

Episode #56