Strict Scrutiny

A Blockbuster Non-Opinion and a Fascism Grab Bag

25 snips
May 26, 2025
Noah Rosenblum, an Associate Professor of Law at NYU known for his expertise in legal history, dives into the complex relationship between presidential power and independent agencies. He discusses a significant Supreme Court ruling that permits the president to fire federal commissioners without cause. The conversation touches on historical precedents and the consequences this ruling may have on executive authority. Additionally, the podcast navigates through topics like religious charter schools and the impact of recent legal decisions on civil rights.
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INSIGHT

Supreme Court Religious School Split

  • A 4-4 Supreme Court tie on Oklahoma's religious charter school case affirms the state's decision by default.
  • Four conservative justices support requiring states to fund religious public charter schools, a significant shift.
INSIGHT

Fraud Prosecution Without Economic Loss

  • The Court ruled that federal fraud prosecution can apply even without economic loss from contract non-performance.
  • This protects disadvantaged business enterprise provisions, showing rare approval of a fraud case.
INSIGHT

Judge Jim Ho's Pro-Trump Rhetoric

  • Judge Jim Ho aggressively defends Trump and attacks opponents in immigration-related appeals.
  • He dismisses judicial review's role to check government excesses, opposing constitutional design.
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