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Amicus With Dahlia Lithwick | Law, justice, and the courts
A Monumental SCOTUS Term Begins: Our Reluctant Curtain-Raiser
Sep 30, 2023
The podcast discusses the upcoming Supreme Court term, highlighting cases related to commerce and second amendment extremism. It explores topics such as the influence of wealth on rulings, the challenges faced by the Consumer Financial Protection Bureau, weak physician harm claims, the wealth tax case, and potential implications of a Trump victory on the Supreme Court.
58:00
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Quick takeaways
- The outcome of the Moors case challenging the constitutionality of a wealth tax could impact its future application.
- Ongoing challenges to reproductive rights may be diffused by the Supreme Court and have implications for the 2024 election.
Deep dives
Fifth Circuit ruling on wealth tax and the interpretation of the 16th Amendment
The Moors have filed a case challenging the constitutionality of a one-time mandatory repatriation tax, playing a role in the issue of a proposed wealth tax. They argue that the 16th Amendment only permits taxation on realized income, and thus wealth cannot be taxed until it is realized. However, this interpretation does not align with the text of the Constitution or prior court decisions. The outcome of this case could potentially impact the application of a wealth tax in the future.
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