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5-4

Kennedy v. Bremerton School District

5-4

Prologue Projects

News Commentary, News, Government

4.63.2K Ratings

🗓️ 12 July 2022

⏱️ 43 minutes

🧾️ Download transcript

Summary

In this case from the most recent term, the Court once again says we should look to history and tradition to determine what's appropriate. Which is gonna be a tough one to parse, because the founders didn't really give us a strong sense of how they felt about junior varsity football games at public high schools. Probably because none of those things had been invented yet.


Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.


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Transcript

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0:00.0

We'll hear argument first this morning in case 21-418 Kennedy versus Bremerton School District.

0:10.0

Hey everyone, this is Leon from Fiasco and Prologue Projects. On this week's episode of 5-4,

0:16.3

the hosts are talking about Kennedy V Bremerton School District, the ruling which came down this

0:21.7

summer grants a school football coach the right to pray on the field after games. It also overturns

0:28.3

a long-held legal test that the courts have used to determine whether or not religious activity

0:33.2

is acceptable. The ruling follows the Robert's Court's pattern of holding up religious rights,

0:38.4

and it goes against years of precedent where the court has held that students could not be pressured

0:43.2

to participate in religious activities. Today's case is won in a series from this term,

0:48.4

in which modern precedent has been overturned and replaced with the vague notion that history and

0:53.2

tradition should guide decisions going forward. This is 5-4, a podcast about how much the Supreme Court

1:00.0

sucks. Welcome to 5-4, where we dissect and analyze the Supreme Court cases that have devoured

1:11.2

our civil rights like my cat devouring the salmon I made when I'm not looking. Peter. Did she do that?

1:17.4

Yeah, you know, she's... Didn't she do it with a chicken? She once took the carcass of an

1:24.0

entire Cornish game hen, as I believe what you were calling it, and dragged it under the bed, and

1:29.2

consumed it, going and all. It was gone. She's bougie. She's not quite a bar cat, but

1:37.2

but close. But look, tomorrow is her seventh birthday. Oh, I love her very much, and she

1:44.8

haunts my waking life. So happy birthday. I'm here with Michael. Hey everybody.

1:51.1

And Rianan. Hi, hello. And we're doing a case, right? Yeah. It turns out we are doing a case.

1:58.6

And today's case is Kennedy V. Bremerton School District. This is a case from this past term,

2:05.5

and in fact, just a few weeks ago about school prayer. Specifically, it is about a high school

2:13.4

football coach who engaged in public prayer after football games was asked to stop by his school,

2:21.2

refused and was put on paid leave. He then sued, claiming that his first amendment right to

...

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