Judicial Power Plays: Affirmative Action and the Supreme Court

On Episode 11 of LegalAF (#LAF), MeidasTouch’s Sunday law and politics podcast, hosts MT founder and civil rights lawyer, Ben Meiselas and national trial lawyer and strategist, Michael Popok, provide a sobering analysis of a California federal judge’s decision to overturn California’s 30-year old ban on assault weapons citing the overriding considerations of the Second Amendment (while comparing AR-15s to swiss army knives and Ford pickup trucks) and predict what the Supreme Court will likely do about it in a future term. Speaking of 30-year precedent going out the window, next the Legal Analysis Friends look at Coney Barrett’s first majority opinion scrapping the 1986 Computer Fraud and Abuse Act criminalizing most database breaches and why the composition of which justices joined together to make up the 6-3 majority is so bizarre. And on the topic of here today, possibly gone tomorrow, the Legal AF duo discuss the likely decision this week by SCOTUS to revisit next term (and possibly overturn) the use of affirmative action in higher education to create diverse student bodies.  Next up, Ben and Popok take a hard look at former National Security Adviser Michael Flynn and why his recent statements made at the Q-Anon convention (?!?) calling for the violent overthrow of the US government is not only a federal crime, but should lead to his court-martial and loss of his military pension to boot. No #LAF episode would be complete without a look at Former 45’s current legal troubles, this time his being sued along with Don Jr., Rudy and Rep. Mo Brooks by members of Congress, including Rep. Eric Swalwell, for violation of the KKK Act for inciting the January 6th insurrection. Ben and Michael also don’t pull any punches and share their jaundiced view of Trump’s efforts to argue that he enjoys “absolute immunity” from a civil suit since “it happened” while he was President. While they're at it, the #LAF hosts scratch their collective heads as to why on earth Rep. Mo Brooks would try to dodge the process server trying to serve him with the suit, as if that’s a good thing to do. To round out this hard-hitting, action-packed episode, Ben and Michael discuss if Matt Gaetz will also be hit with obstruction of justice charges for interfering with the federal investigation into his having sex with minors, and whether before he assumed the post, Postmaster General DeJoy committed federal election law crimes by illegally funneling money through his then employees to political candidates. And in a special “crossover” segment, the MeidasTouch Brothers visit #LegalAF and interview Matthew Modine running for the president of the labor union representing over 160,000 actors, artists, influencers, models and other media professionals, along with his running mate Joely Fisher, running for secretary treasurer.

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