ProPublica's Andrea Bernstein discusses the new investigative podcast 'We Don't Talk About Leonard'. They also talk about Leonard Leo's influence on the judiciary, political influence on judicial selection in Missouri, legal issues and court cases in Texas, and the inconsistent treatment of platforms and the First Amendment.
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Quick takeaways
Texas is enacting laws that pose a threat to reproductive healthcare and privacy.
Texas district judges have made controversial rulings on discriminatory financial practices, drag shows, religious liberty, and hurt feelings from FDA tweets.
The Fifth Circuit has upheld Texas' restrictive abortion ban, ban on critical race theory teaching, restrictive voting laws, and Medicaid funding cut to Planned Parenthood.
The lift on oil drilling bans in the Gulf of Mexico undermines environmental protection.
The upcoming election for a seat on the Pennsylvania Supreme Court holds immense significance for democracy in the state and the country.
The composition of federal appeals courts, as demonstrated by a recent Sixth Circuit decision, can impact federal programs and shape laws and policies.
Deep dives
Texas Cities Consider Lawsuits Against Drivers Seeking Abortions
Some cities in Texas are considering laws that would authorize lawsuits against people who drive on roads to get an abortion, potentially endangering the safety and privacy of individuals seeking reproductive healthcare.
District Judge Rules Consumer Financial Protection Bureau Lacks Authority in Discrimination Cases
A district judge in Texas ruled that the Consumer Financial Protection Bureau does not have the authority to prohibit discriminatory financial practices, going against the agency's interpretation of the relevant statute.
District Judge Refuses to Enjoin Drag Show Ban in West Texas
A district judge in West Texas refused to enjoin a policy that bars drag shows, calling drag performances 'lewd' and 'vulgar' and claiming they harm children.
District Judge Orders Southwest Airlines to Attend 'Religious Liberty Training'
A district judge in Texas ordered Southwest Airlines and union executives to attend a 'religious liberty training' by the Alliance Defending Freedom, a group known for its conservative Christian agenda.
Fifth Circuit Revives Claims by Doctors Who Say FDA's Ivermectin Tweets Hurt Their Feelings
The Fifth Circuit revived claims by doctors who allege their feelings were hurt by the FDA's tweets about Ivermectin, an anti-parasitic drug promoted as a COVID-19 treatment despite lacking scientific evidence.
Fifth Circuit Rules in Favor of Texas Abortion Ban
The Fifth Circuit upheld Texas' restrictive abortion ban, allowing it to remain in effect despite legal challenges and effectively banning most abortions in the state.
Fifth Circuit Upholds Texas' Ban on Critical Race Theory
The Fifth Circuit upheld Texas' ban on the teaching of critical race theory and related concepts in public schools, claiming the ban does not violate free speech rights and is within the state's power to regulate curriculum.
Fifth Circuit Restricts Voting Access in Texas
The Fifth Circuit upheld restrictive voting laws in Texas, including a ban on drive-thru voting and limitations on mail-in voting, reducing access and potentially disenfranchising many voters.
Fifth Circuit Reverses Oil Drilling Bans in Gulf of Mexico
The Fifth Circuit lifted the bans on oil drilling in the Gulf of Mexico that were put in place to protect the environment and marine life, allowing companies to resume drilling despite potential environmental risks.
Fifth Circuit Allows Texas to Defund Planned Parenthood
The Fifth Circuit ruled that Texas can cut off Medicaid funding to Planned Parenthood, limiting access to essential reproductive healthcare services for Medicaid recipients in the state.
The Importance of Pennsylvania Supreme Court Election
The upcoming election for a seat on the Pennsylvania Supreme Court on November 7th is of significant importance for the future of democracy in the state and the country. The court currently has a 4-2 Democratic majority, and this election could either maintain that majority at 5-2, or shift it to a 4-3 balance. While some may dismiss this race as inconsequential, it holds immense long-term significance, considering that all four Democratic justices will face a retention election or mandatory retirement by 2027. The Pennsylvania Supreme Court has substantial powers, including the King's Bench Powers, allowing it to decide vital cases such as absentee ballot deadlines and partisan gerrymandering. The court plays a crucial role in shaping the state's democracy, and voter turnout in this election is crucial to safeguard the integrity of Pennsylvania's democratic processes.
The Fifth Circuit's Impact on Federal Programs
A recent decision in the Sixth Circuit sheds light on the influence and implications of the composition of federal courts of appeals on federal programs. The Solicitor General chose not to challenge the Sixth Circuit decision that invalidated a part of the American Rescue Plan spending program. The program tied the availability of COVID stimulus funds to states with a condition that they refrain from certain tax cuts. The Sixth Circuit held that the terms of the program violated the spending clause due to ambiguity. The decision not to appeal showcases the impact of the lower courts and their interpretation of federal programs. Such outlier rulings can unsettle long-standing institutional practices without necessarily overruling prior precedents, highlighting the importance of monitoring and understanding the impact of federal appeals courts in shaping the law and policies.
ProPublica's Andrea Bernstein joins Kate and Leah to talk about the new investigative podcast, "We Don't Talk About Leonard." Then, Melissa, Kate, and Leah are live from the University of Texas to talk about all the special things the state brings to the federal judiciary.
