The podcast discusses upcoming Supreme Court cases on the Armed Career Criminal Act, double jeopardy, and the constitutionality of the government. They also talk about a voting rights case and Representative Ro Khanna stops by to chat about SCOTUS ethics reform.
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Quick takeaways
The ruling in the Moldreux v. City of St. Louis case raises questions about what constitutes sex discrimination in cases of job transfers within the same organization.
The Supreme Court's denial of enforcing an anti-drag law highlights the questions about the constitutionality of such bans and the reach of the First Amendment.
The dissenting justices in the case of Michael Johnson's solitary confinement emphasize the urgent need for reform and the issue of solitary confinement in the criminal justice system.
Deep dives
Appeals court upholds transfer of police sergeant
In the case of Moldreux v. City of St. Louis, the Eighth Circuit Court of Appeals concluded that the transfer of police sergeant Jatanya Moldreux to another department did not constitute an adverse employment action, as her pay had not been affected and she had not been demoted. The ruling, which differs from a previous ruling by the D.C. Circuit, raises important questions about what constitutes prohibited sex discrimination under Title VII in cases of job transfers within the same organization.
Supreme Court denies Florida request to enforce anti-drag law
The Supreme Court denied Florida's request to allow the enforcement of an anti-drag law while a legal challenge was ongoing. The law, challenged by Hamburger Mary's, a venue hosting family-friendly drag shows, was found likely unconstitutional by a district court and had been enjoined. The denial means that the law will remain unenforced and raises questions about the constitutionality of such bans and the reach of the First Amendment.
Supreme Court denies certiorari in Illinois inmate isolation case
The Supreme Court denied certiorari, with Justice Kagan and Sotomayor dissenting, in the case of Michael Johnson, an Illinois inmate who was held in solitary confinement for three years in inhumane conditions. The dissenting justices called attention to the egregious treatment and conditions Johnson faced, highlighting the need for reform and the urgent issue of solitary confinement in the criminal justice system.
Ethics Code for the Supreme Court
The podcast episode discusses the newly adopted ethics code for the Supreme Court. However, it is argued that the code lacks teeth and does not include enforceable disclosure requirements. This raises concerns about the justices' impartiality, especially in cases relating to wealth disparity and taxation. To address these ethics issues, it is suggested that the justices adopt a code with more substantial prohibitions and enforcement mechanisms. Additionally, Congress is called upon to pass a code of ethics for the Supreme Court that reflects public expectations and helps mitigate the perception of bias.
Case Preview: Wealth Tax
The upcoming more case, which concerns taxing the wealthiest Americans, is highlighted as a case that could raise doubts about the justices' partiality and neutrality. With growing anger over wealth disparity, the court's decision on taxing wealth will be closely watched, particularly in light of the justices' personal privileges and connections. It is argued that an ethics code could help address the perception issue. Retiring justices are also suggested as a gift to improve the court's connection with ordinary people and regain public trust.
For its final sitting of 2023, the Supreme Court will hear cases on the Armed Career Criminal Act, double jeopardy, and whether the government is, well, constitutional. Leah, Melissa, and Kate preview those cases, and look into a hot mess of a voting rights case in the Eighth Circuit. Plus, US Representative Ro Khanna stops by to chat about SCOTUS ethics reform.
Watch the Strict Scrutiny hosts on The Problem With Jon Stewart, previewing the horrors that await in Jarkesy v. SEC
Read Justice Jackson's powerful dissent from denial in the case of Michael Johnson, an Illinois inmate who was held in essentially complete isolation in a tiny, windowless cell, caked with human waste, for three years.