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Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture

SCOTUS in Wonderland

Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture

The Heritage Foundation

Government

4.5527 Ratings

🗓️ 9 June 2023

⏱️ 48 minutes

🧾️ Download transcript

Summary

Zack is out this week, so Cully Stimson is filling in. Cully and GianCarlo discuss the four opinions of the week, which include the Jack Daniels parody case and the race-based challenge to Alabama's congressional district maps. GianCarlo then interviews William Trachman, general counsel of Mountain States Legal Foundation, and the two talk about his career focusing on his work on civil rights and public schools. Last up, Cully takes Zack's place in the trivia hot-seat to answer questions about the Court's frequent citations to Alice's adventures in Wonderland.


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Transcript

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0:00.0

Mr. Chief Justice, may it please the court.

0:05.5

I'm John Carlo Canoparo. I'm Zach Smith.

0:08.5

And welcome to SCOTUS 101, where we break down what's happening at the Supreme Court, what the justices are up to, and other things related to our favorite branch of government.

0:20.5

Welcome back to SCOTUS 101.

0:22.6

Zach is out this week, so our colleague and deputy director,

0:25.6

Cully Stimson, is filling in.

0:27.6

Collie, welcome back to the show.

0:29.6

Thanks for having me, G.C.

0:30.6

Well, we are nearing the end of the term,

0:32.6

and there are still 23 cases left for the court to decide.

0:36.6

It's looking increasingly likely like

0:39.0

the justices will drop them all at the last minute because this week the justice has announced

0:43.5

only four. But before we get to those, Colleen, can you tell us about the one new case?

0:48.7

Sure. The court announced the next term it will hear Vidal versus Elster, which involves an attempt to trademark

0:56.0

a phrase that uses President Trump's name. Now, the Lanham Act, which governs trademarks,

1:02.0

does not allow trademarks to include a living person's name without his consent. On that basis,

1:08.1

the Patent and Trademark Office refused to trademark the phrase, Trump

1:11.9

Too Small. The plaintiff is now suing, claiming that this part of the Lanham Act

1:16.7

violates his free speech rights. Turning to opinions, the first up was Health and Hospital

1:23.1

Corporation versus Tilewski. This was a 7-2 decision written by Justice Jackson, Justice

1:28.8

Thomas and Alito dissented, holding that nursing home residents can sue nursing homes for

1:33.9

violating their rights under Section 1983 because the Federal Nursing Home Reform Act creates

...

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