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Advisory Opinions

Supreme Court Hears Football Coach Prayer Case

Advisory Opinions

The Dispatch

News, Politics, Government

4.83.6K Ratings

🗓️ 29 April 2022

⏱️ 74 minutes

🧾️ Download transcript

Summary

It's a glorious podcast today as David and Sarah talk about a praying football coach, Miranda rights, and the hottest Supreme Court justices. They answer a key constitutional question: how undead is the Lemon Test?

Transcript

Click on a timestamp to play from that location

0:00.0

You ready?

0:02.0

I was born ready.

0:04.0

Welcome to Advisory Opinions Podcast. I'm David French with Sarah Isger and we've got lots of stuff to talk about today and none of it related to the Supreme Court opinions that actually came out.

0:33.0

So, we're going to focus on the coach Kennedy case, but we'll have a few others thrown in there.

0:56.0

So, we're going to save some of the arguments, frankly, for Monday and definitely the opinions because we're going to get more and more opinions now that we're after argument.

1:03.0

It's only uphill from here, David.

1:06.0

Oh, yeah. Oh, yeah. It is going to be lit as the kids say here on Advisory Opinions.

1:12.0

And let's start with today. Today's going to be pretty interesting talking about the coach Kennedy prayer case.

1:18.0

We're also going to talk about a Miranda oral argument and emerge the docket denial in the Tom Jefferson case, school case that we've been talking about for a while.

1:29.0

And then are we really going to talk about the hottest scotus justices?

1:35.0

Oh, we are. We definitely are.

1:37.0

Okay. All right. Should we start with Miranda and get out of the way or should we just go to the main event?

1:43.0

We'll do some Miranda. Okay. Let's do it. So here's what's interesting about this question.

1:49.0

So the guy isn't Mirandaized. And normally when you don't get your Miranda warning, let's just, you know, set aside.

1:57.0

There was some controversy over that for our purposes, not Mirandaized.

2:01.0

Yeah. It's the exclusionary rule, right? Now, Miranda's not in the Constitution and neither is the exclusionary rule.

2:06.0

And when you're in law school, this will be like a whole big part of your criminal law class of like where did Miranda come from and is it constitutional?

2:15.0

And is the exclusionary rule the only remedy that there is?

2:19.0

So the exclusionary rule is if you don't Mirandaize someone, then anything you get post when you should have been Mirandaized gets excluded from your criminal trial.

2:30.0

So, you know, they arrest you. They don't give you any Miranda warning and then you blurred out. I did it.

2:37.0

That's not coming in a trial. Now, that is like all fun and games and, you know, roughly 1970 as they work all that out.

2:45.0

But there's actually tons of interesting Miranda law since then, you know, what's actually custodial? Sure. If they clink the handcuffs on you and you hear the dun, dun, fine.

...

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