About this episode
DOCKET ALERTS:
Judge Aileen Cannon ruled that Special Counsel Jack Smith's report on the stolen documents case must remain sealed forever in perpetuity.
Kouri Richins goes on trial for murdering her husband in Utah. She's not being charged for writing a terrible children's book about dealing with grief over the loss of a parent … but maybe she should be?
The Fifth Circuit, sitting en banc, allowed Louisiana to require the display of the Ten Commandments in every classroom statewide. The law had been blocked, but the Court decided that no one had been injured yet, so the case is unripe.
Elon Musk is being sued for securities fraud in California. But they can't seat a jury because everyone hates him.
MAIN SHOW:
It's all about tariffs. We break down the Supreme Court's Learning Resources v. Trump, and explain why dragging this case out for a year ensures chaos as importers try to recoup money they've already paid. And we'll talk about Trump's plan to impose new illegal tariffs based on a gross misinterpretation of yet another internal statute.
The opinion is particularly contentious, revealing the justices' angry, internal feuding over the future of the court. And subscribers will get a deep dive into the origins of this conflict, reaching back to Justice Kagan's famous 2015 "Antonin Scalia Lecture Series" lecture at Harvard Law School and extending through Justice Jackson's concurrence in Learning Resources.
US v. Trump [stolen documents case]
https://www.courtlistener.com/docket/67490070/united-states-v-trump
Kouri Richins Warrant
https://www.scribd.com/document/654496602/Kouri-Richins-Warrant
Contempt for Musk clouds jury selection in Twitter takeover trial
https://www.courthousenews.com/contempt-for-musk-clouds-jury-selection-in-twitter-takeover-trial/
Roake v. Brumley [Fifth Circuit Ten Commandments]
https://storage.courtlistener.com/recap/gov.uscourts.ca5.221848/gov.uscourts.ca5.221848.389.1.pdf
Learning Resources, Inc. v. Trump [tariffs case]
https://www.supremecourt.gov/opinions/25pdf/24-1287_4gcj.pdf
Congressional Research Service, "Congressional and Presidential Authority to Impose Import Tariffs"
https://www.congress.gov/crs_external_products/R/PDF/R48435/R48435.1.pdf
Elena Kagan "Antonin Scalia Lecture Series," Harvard Law School (2015) [via YouTube]
https://www.youtube.com/watch?v=dpEtszFT0Tg
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