Advisory Opinions Do You Have ‘Parental Rights’?
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Mar 20, 2025 The podcast dives into Chief Justice Roberts' rare rebuke of Trump regarding court criticism. A gripping historical context on judicial impeachment highlights the balance between independence and accountability. There’s an engaging debate on the McDonnell Douglas framework in employment law, along with insights into a 11th Circuit case on parental rights related to gender identity. The conversation also tackles age restrictions on gun purchases and a racially charged academic controversy, blending law with personal experiences.
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Impeachment Rebuke
- Trump called for a judge's impeachment after a legal dispute.
- Chief Justice Roberts responded, citing a historical precedent against such actions.
DEI Order and Judicial Opinions
- A Fourth Circuit decision saw judges criticize a DEI order while upholding its legality.
- This highlights the tension between judicial roles and personal opinions.
Criticizing Precedent
- A debate arose about how judges should criticize precedent, with Orin Kerr arguing against it in opinions.
- Michael Dorf suggested using other avenues like op-eds or law review articles.