37 min listen
OA267: Originalism and the Eighth Amendment (Bucklew v. Precythe)
OA267: Originalism and the Eighth Amendment (Bucklew v. Precythe)
ratings:
Length:
87 minutes
Released:
Apr 5, 2019
Format:
Podcast episode
Description
Today's breaking news episode takes an in-depth look at Bucklew v. Precythe, a recent Supreme Court decision that lays bare the "originalist" view of the Eighth Amendment. Is it as bad as you think it is? (Yes.) We begin, however, with a look at Texas v. U.S. and the recent news that the Trump administration "changed its mind" and "will no longer defend" the Affordable Care Act. What does that mean? Listen and find out! Then, it's time for our deep dive into Bucklew v. Precythe, the Supreme Court's analysis of how the 8th Amendment applies in capital punishment cases. After that, we go back to Yodel Mountain for some updates on the congressional investigations, including the Congressional request for Trump's tax returns and an EPIC FOIA request. And if all that isn't enough for you, well, we end, as always, with a brand new Thomas Takes the Bar Exam Question #121 involving the constitutionality of Presidential executive orders. As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Appearances Thomas was just a guest on the Cognitive Dissonance podcast; go check it out! If you'd like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com. Show Notes & Links 1. Wikipedia entry on sodium thiopental can be found here. 2. Glossip v. Gross (2015) 3. Supreme Court’s opinion in Bucklew v. Precythe (Apr. 1, 2019) 4. 8th Circuit’s opinion below in Bucklew 5. Congressional letter requesting Trump’s taxes 6. Bonus! Zuckerman amicus brief in the ACA litigation. Support us on Patreon at: patreon.com/law Follow us on Twitter: @Openargs Facebook: https://www.facebook.com/openargs/ Don't forget the OA Facebook Community! For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki And email us at openarguments@gmail.com
Released:
Apr 5, 2019
Format:
Podcast episode
Titles in the series (100)
OA1: “The Story Begins” – Introducing the Show & Segments: In this introductory pre-episode, Thomas and Andrew talk about their backgrounds and their vision for the show. We also preview our upcoming show segments and topics, tell you how to get in touch with us, and talk a little bit about how the show got s.. by Opening Arguments