Professor Josh Blackman, a leading expert on Section 3 of the Fourteenth Amendment, joins the podcast to discuss the disqualification of Donald Trump from the presidential election. The hosts also explore cases on the Emergency Medical Treatment Act, obstruction of congressional inquiries, and exorbitant home permitting fees. They wrap up with trivia on presidents and the courts, including instances where presidents argued before the Supreme Court.
The podcast discussed a case where the Colorado Supreme Court disqualified Donald Trump from the presidential election under Section 3 of the Fourteenth Amendment.
The court has agreed to hear cases that raise issues regarding the FDA's actions to make an abortion pill more accessible and the interpretation of the Emergency Medical Treatment and Labor Act (EMTALA).
Deep dives
The Court Agrees to Hear Case Involving Colorado's Removal of Donald Trump from Primary Ballot
The podcast episode discussed a case in which the Colorado Supreme Court ordered the removal of Donald Trump from the 2024 presidential primary ballot in Colorado. The sole question the court is being asked to decide is whether the Colorado Supreme Court erred in ordering Trump's exclusion. The case is being fast-tracked and oral argument is set for February 8th.
Two Cases Challenging FDA's Actions on Abortion Pill Made More Widely Available to be Heard
The podcast episode highlighted that the court has agreed to hear two cases, the Food and Drug Administration versus the Alliance for Hippocratic Medicine, and Dan Co. Laboratories versus the Alliance for Hippocratic Medicine, which raise issues regarding the FDA's actions to make an abortion pill more accessible. The court will determine whether the Alliance has standing to challenge these actions.
Two Cases Involving Emergency Medical Treatment and Labor Act to be Considered
The podcast episode mentioned that the court has agreed to hear two cases, Moya versus the United States and Idaho versus the United States, that raise questions about the Emergency Medical Treatment and Labor Act (EMTALA). The court will decide whether EMTALA should be interpreted to require the provision of life-saving medical treatment for individuals who may pose a risk to the mother's health.
Fisher versus United States to be Heard, with Potential Impact on January 6th Prosecutions
The podcast episode noted that the court will consider Fisher versus United States, a case that examines the interpretation of a statute related to the obstruction of congressional inquiries and investigations. The decision in this case could have significant implications for prosecutions related to the events of January 6th, as well as for the federal indictment against former President Donald Trump pending in the DC Circuit Court of Appeals.
Welcome back to SCOTUS 101 after the Court's winter break. The Court has granted several new cases, including Donald Trump's appeal from a ruling by the Colorado Supreme Court disqualifying him from the presidential election under Section 3 of the Fourteenth Amendment. After your hosts discuss the new cases and this week's oral arguments, GianCarlo interviews Professor Josh Blackman about the complicated issues surrounding Section 3. Last up, Zack grills GianCarlo with some very clever trivia about other times presidents have appeared before the Court.
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