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Past Present Future

Latest episodes

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Apr 17, 2025 • 30min

The Game of Risk: When Judges Think They’re Admirals

Hans von Spakovsky talks with lawyer and  Navy veteran Cully Stimson about the “abominable” decision of a federal judge barring the Defense Department from revising its military standards on gender dysphoria.He also provides a classic movie review of “Judgment at Nuremberg,” the 1961 movie about the military and the courts and the prosecution after the end of WWII of Nazi leaders for crimes against humanity.Cully's Daily Signal article: https://www.dailysignal.com/2025/03/25/judge-reyes-abominable-transgender-opinion/
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7 snips
Apr 9, 2025 • 29min

Aliens, Enemies, and Judges Gone Wild

Hans Von Spakovsky, a Senior Legal Fellow specializing in election law, joins to explore fascinating legal controversies. They dive into the implications of the Alien Enemies Act and a recent ruling affecting national security. The conversation shifts to heated debates surrounding Medicaid funding for Planned Parenthood, highlighting its financial intricacies. They also examine the tension between presidential power and judicial oversight, with a focus on the evolving dynamics within U.S. governance and the impact of executive orders. Tune in for a spirited legal discussion!
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Mar 6, 2025 • 20min

Putting Free Speech in a Box

On this week's episode of Case in Point, host Sarah Parshall Perry is joined by Nate Kellum of First Liberty Institute to discuss their Supreme Court petition for review in Olivier v. City of Brandon.Can a claimant get relief from the future enforcement of an ordinance, if already charged with violating that same ordinance? Sarah and Nate talk religious freedom, free speech, and civil procedure.Plus, the Supreme Court Justices have been busy, so Sarah covers legal news, oral arguments, and more on this week's episode of Case in Point.
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Feb 27, 2025 • 32min

Hidden in Plain Sight: Teachers Under Fire for Objecting to School Gender Secrecy Policies

On this week's episode of Case in Point, host Sarah Parshall Perry is joined by Kate Anderson, Senior Counsel at Alliance Defending Freedom, and Director of their Center for Parental Rights. They talk religious freedom, free speech, state v. federal claims, and whether objecting teachers who won't toe the line on gender identity are protected by law. Plus, the Supreme Court Justices have been busy, so Sarah covers legal news, oral arguments, and more on this week's episode of Case in Point.
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Feb 6, 2025 • 34min

A Threat to Democracy? The Battle to Defeat the National Popular Vote Compact

On this week's episode of Case in Point, host Sarah Parshall Perry talks SCOTUS updates, cert petitions, and the push for the national popular vote interstate compact with Michael Maibach, Distinguished Fellow on American Federalism at the Save Our States. What is the national popular vote compact? Is it - as some have said - a threat to democracy? And how close is it to ratification? All that and more on this week's episode of Case in Point.
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Jan 30, 2025 • 51min

Birthright Citizenship? Can President Trump Limit a Misunderstood Portion of the 14th Amendment?

On this week's edition of Case in Point, we address one of President Trump's most controversial executive orders, titled "Protecting The Meaning And Value of American Citizenship" with Heritage Senior Legal Fellow Amy Swearer. The Order moves to end birthright citizenship practice -- something which guarantees that U.S.-born children are citizens regardless of their parents’ status. The next day, attorneys general from 22 states sued to block the Executive Order by asserting that the President is attempting to eliminate "a well-established and longstanding Constitutional principle" by executive fiat. But is he? What is the history of the language of the "citizenship clause" in the 14th Amendment? And what does it reveal? What happens next in the litigation? All that and more on this week's edition of "Case in Point"  https://static.heritage.org/legal-and-judicial/birthright-citizenship/Law%20Review%20Final%20Print.pdf
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11 snips
Jan 9, 2025 • 48min

Is All ‘Speech’ Good Speech? Porn Makes a Trip to the Supreme Court

Giancarlo Canaparo, a Senior legal fellow at the Heritage Foundation's Meese Legal Center, dives into the complexities of First Amendment rights and obscenity law. The conversation highlights pivotal Supreme Court cases challenging free speech against government regulations on platforms like TikTok. Canaparo discusses the evolving definitions of obscenity and the impact of early exposure to pornography on children's development. He also addresses the delicate balance between protecting minors and upholding constitutional rights in today’s digital landscape.
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Dec 19, 2024 • 1h 3min

Deeds Done in the Dark

On this week's episode of Case in Point, Sarah Parshall Perry talks with Ian Prior, Senior advisor to America First Legal about the power of the Freedom of Information Act (FOIA), AFL's investigations using the FOIA tool to unearth government corruption, and what it's like to fight for the safety, privacy, and free speech rights of school children at the grassroots level. That, and a rundown of three new, high profile cert. grants from the Supreme Court on this week's episode of Case in Point.  
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Dec 12, 2024 • 41min

Legal News and Religious Views

Keisha Russell, a constitutional attorney at First Liberty Institute and author of the upcoming book "Uncommon Courage," shares her insights on defending religious freedom. She discusses recent Supreme Court cases impacting churches and religious organizations facing government regulations. Keisha emphasizes the increasing cultural hostility towards religious expression and what individuals can do to protect their rights. The conversation also touches on the complexities of legal battles surrounding parental rights and the intersection of faith and law.
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Dec 6, 2024 • 57min

#008: Blockbusters, Bans, and the Tennessee Kid: Skrimetti defends state law banning gender interventions for minors at the Supreme Court.

On this special episode of Case in Point, Sarah Parshall Perry is joined by Tennessee Attorney General Jonathan Skrmetti, the named respondent in the biggest case of the Supreme Court's term: United States v. Skrmetti. The Attorney General talks about the law at the heart of the case, SB 1, talks about the dangers of "gender affirming" care for minors, gives us his impressions from oral arguments, and discusses what's next for his very busy office.  

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