Passing Judgment

In this episode of Passing Judgment, we delve into the Supreme Court's current term with Lindsay Whitehurst from the Associated Press. Jessica Levinson and Lindsay discuss three significant cases: a Tennessee law on transgender minors' access to gender-affirming care (Skirmiti), regulations on ghost guns, and flavored e-cigarettes. They explore the implications of these cases, potential judicial leanings, and the role of presidential administrations in legal arguments.

Here are three key takeaways you don't want to miss:

Transgender Rights in Healthcare: A case involving the access of gender-affirming care for minors, which touches on parental rights and the role of the state in healthcare decisions.

Ghost Guns and Federal Regulations: A significant case about the regulation of untraceable homemade firearms and the broader implications for federal agency powers.

E-Cigarettes Rules Challenge: The court's review of regulations around flavored vapes, further tying into the authority of administrative bodies.

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@lwhitehurst

In this episode of Passing Judgment, we unravel the current status of the four pending criminal cases against former President Trump. Host Jessica Levinson explains that while Trump was convicted in the New York State hush money case, he received no real sentencing. The Georgia election interference case stalled due to conflict of interest allegations against the district attorney. Jessica provides a detailed overview of each case and what it means now that Trump is set to return to office.

Here are three key takeaways you don't want to miss:

New York State Hush Money Case: Trump was convicted of 34 felony counts related to falsifying business records for hush money payments to Stormy Daniels. However, the sentence resulted in no jail time, fines, or probation due to constitutional concerns about punishing a sitting president.

Georgia Election Interference Case: This case, involving Trump's attempts to overturn the 2020 election results, stalled due to conflict of interest allegations against District Attorney Fani Willis. The delay and constitutional concerns have put the case on indefinite hold.

Federal Cases: Both the DC election interference and Mar-a-Lago classified documents cases stalled due to legal challenges and questions of immunity. Following Trump's recent election victory, Special Counsel Jack Smith resigned, and the cases were effectively closed.

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 @LevinsonJessica

In this episode of Passing Judgment, we analyze the high-stakes TikTok ban case as it heads to the Supreme Court on an accelerated timeline. Host Jessica Levinson explains the key arguments: ByteDance claims the ban violates First Amendment rights, while the government cites national security concerns over TikTok's Chinese ownership. With oral arguments set for January 10th, Jessica discusses potential outcomes and actions President Trump might take once in office.

Here are three key takeaways you don't want to miss:

1️⃣ Overview of the Legislation: The law in question mandates that TikTok's parent company, ByteDance, divest its U.S. operations by January 19th, 2024, or face a nationwide ban. The ban would affect app stores and Internet providers, eventually causing TikTok to stop working as updates and downloads would be prohibited.

2️⃣ Lower Court Rulings: The DC Circuit upheld the law as constitutional. A three-judge panel determined that the national security concerns cited by Congress justify the legislation. Judges generally defer to the political branches on national security issues.

3️⃣ Arguments by ByteDance and TikTok: ByteDance argues that the law violates the First Amendment by eliminating a mode of communication without a compelling government interest. They contend that the national security concerns are baseless and accuse the U.S. government of targeting TikTok based on its content, which is potentially a content-based restriction—a key concern in First Amendment law.

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 @LevinsonJessica

In this episode of Passing Judgment, we unpack two significant legal developments. First, Jessica covers the Supreme Court's expedited review of the TikTok ban, weighing national security concerns against First Amendment rights. Then, she dives into the controversy surrounding a federal judge who criticized Justice Alito over flags flown at his residences, examining the broader implications for judicial impartiality and trust.

Here are three key takeaways you don't want to miss:

1️⃣ ByteDance's Argument: ByteDance argues that restricting its platform violates users' First Amendment rights and contends that national security concerns are either exaggerated or unfounded.

2️⃣ Potential Actions by President Trump Regarding TikTok case: President Trump could instruct the Attorney General not to enforce the law, attempt to persuade Congress to repeal it despite bipartisan support, argue that the law no longer applies if a qualified divestiture occurs, or advocate for the sale of TikTok to an American company.

3️⃣ Judiciary Impartiality and Trust Issues: Judicial impartiality is crucial for maintaining public trust, and any erosion of respect for the judiciary could potentially lead to a constitutional crisis, as emphasized by quotes from Justice Thurgood Marshall underscoring the importance of civic duty.

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 @LevinsonJessica

In this episode of Passing Judgment, Jessica sits down with Sam Levine from The Guardian to unpack the future of voting rights under the Trump administration. They explore the role of the Department of Justice, the impact of stalled federal legislation, and the current state of the Voting Rights Act. Sam also clarifies common misconceptions about election fraud and administration, highlighting what to watch for in the coming years.

Here are three key takeaways you don't want to miss:

1️⃣ Trump Administration and Voting Rights: Sam Levine outlines the anticipated approach of the Trump administration regarding voting rights, including the potential use of the Department of Justice (DOJ) to challenge election outcomes and influence election administration.

2️⃣ Role and Powers of the Department of Justice: The DOJ's role in enforcing federal laws, particularly civil rights and voting rights laws, is explained. Shifts in administration can significantly alter DOJ priorities.

3️⃣ Election Security and Misconceptions: The podcast addresses common misconceptions about voter fraud and the robustness of election systems. Sam Levine stresses the rarity of voter fraud and the extensive safeguards in place.

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 @LevinsonJessica

@srl

In this episode of Passing Judgment, we explore a pivotal Supreme Court case that could redefine federal agency power. Jessica is joined by journalist David Ovalle to unpack the FDA's authority over e-cigarette regulation and the legal battle surrounding its rejection of flavored vape products. Plus, Jessica delves into a critical Supreme Court hearing on transgender healthcare for minors, shedding light on the stakes and potential implications.

Here are three key takeaways you don't want to miss:

1️⃣ FDA Regulation of Vaping Products: There's a high volume of applications for vaping product approvals, but only a few have been approved. The debate surrounds the popular and attractive fruity-flavored vapes, which are targeted for regulation due to concerns about their appeal to young people.

2️⃣ Legal Challenges and Circuit Split: The 5th Circuit Court ruled that the FDA acted arbitrarily and capriciously, a decision that challenges the FDA’s authority and methods. This created a split among appellate courts.

3️⃣ Parent's Rights in Transgender Care Case: A new argument based on the due process clause regarding parents' rights to direct their children's medical care might offer a different legal challenge in the future.

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 @LevinsonJessica

@DavidOvalle305

In this episode of Passing Judgment, we delve into the legal complexities of President-Elect Trump's proposed tariffs. Jessica Levinson explores how power over foreign commerce has shifted from Congress to the President, highlighting key laws like the Reciprocal Trade Agreements Act of 1934 and the Trade Act of 1974. The episode also covers President Biden's controversial pardon of his son, Hunter Biden, examining the constitutional power of presidential pardons, historical precedents, and political implications.

Here are three key takeaways you don't want to miss:

1️⃣ Congressional Abdication of Trade Powers: Jessica Levinson points out that Congress has gradually ceded its constitutional authority to regulate foreign commerce to the executive branch over the past century.

2️⃣ Legal Hurdles for Trump's Proposed Tariffs: Despite President-elect Trump's promises to impose sweeping tariffs on countries like Mexico, Canada, and China, there are significant legal and procedural hurdles to clear. These include mandatory investigations by the Department of Commerce, and potential court challenges under doctrines like the major questions doctrine and nondelegation doctrine.

3️⃣ Presidential Pardons and Political Implications: The episode delves into President Biden's pardon of his son, Hunter Biden, explaining the broad and exclusive presidential power to grant pardons for federal crimes.

Resources Mentioned:

Jessica's MSNBC article

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 @LevinsonJessica

In this episode of Passing Judgment, Jessica provides updates on two prominent legal stories. She delves into the Menendez brothers' ongoing legal challenges, including their bids for resentencing, a habeas petition, and clemency, explaining the possible outcomes. Jessica also analyzes a proposed bill by Congresswoman Nancy Mace that seeks to ban transgender individuals from using bathrooms aligned with their gender identity in federal buildings. She breaks down the legal scrutiny surrounding such laws and relevant court precedents. Happy Thanksgiving!

Here are three key takeaways you don't want to miss:

1️⃣ Menendez Brothers Resentencing Claim: They're pushing for resentencing based on their model behavior in prison and the argument that they were victims of severe sexual abuse by their father.

2️⃣ Proposed Transgender Bathroom Bill: Congresswoman Nancy Mace introduced a bill aiming to ban transgender individuals from using bathrooms aligning with their gender identity in federal buildings.

3️⃣ Classification of Law: The bill's focus on transgender individuals can be seen as a quasi-suspect classification, which is subject to intermediate scrutiny.

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 @LevinsonJessica

In this episode of Passing Judgment, Jessica Levinson is joined by Josh Gerstein from Politico, they explore accusations of conspiring to overturn the 2020 election results in Georgia, recent appeals, and the constitutional questions of prosecuting a sitting president. The episode highlights the Georgia Court of Appeals' decision to pause the case, logistical and legal complexities if Trump were to face jail time, and the broader implications for presidential power. They also discuss the potential impact of a second Trump administration on the DOJ and strategies from the Biden administration to solidify its policies.

Here are three key takeaways you don't want to miss:

1️⃣ Constitutional and Supreme Court Considerations: There is a discussion on whether a state can prosecute a sitting president, involving constitutional implications and the Supreme Court’s views on presidential power and immunity. Historical cases like Clinton v. Jones are referenced.

2️⃣ Trump's Legal Troubles and Sentencing Complexities: Trump's legal issues are detailed, including complications stemming from his behavior during trials, contempt issues, and potential sentencing challenges, especially given his status as a former president.

3️⃣ Transition Strategies of the Biden Administration: Potential strategic moves by the Biden administration to solidify policies before a Trump reentry, such as issuing pardons and "midnight regulations," are contemplated.

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 @LevinsonJessica

@Joshgerstein

In this episode of Passing Judgment, we dive into the immediate aftermath of the 2024 election results. Jessica discusses the implications of President Trump's return to the Oval Office, the Republican trifecta in controlling the White House, Senate, and likely the House of Representatives. Join us as Jessica unpacks the pending federal and state legal cases against Trump, explores possible legal challenges and strategies over the next four years, and examines significant legal issues such as federal power, immigration, the Department of Justice, environmental policies and more.

Here are three key takeaways you don't want to miss:

1️⃣ Legal Cases Against Trump: Federal cases against Trump, including the DC election interference and Mar-a-Lago documents cases, may be dismissed when Trump regains office and appoints new officials.

2️⃣ Federal Power and Separation of Powers: With Republicans potentially controlling both legislative branches, there might be more legislation rather than executive orders.

3️⃣ Organizational Framework for Legal Issues: The episode discussed potential changes to laws, executive orders, judicial appointments, and expansions of executive power, highlighting their hypothetical nature and the need for ongoing monitoring.