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Advisory Opinions

The Onion Files an Amicus Brief

Advisory Opinions

The Dispatch

News, Politics, Government

4.83.6K Ratings

🗓️ 6 October 2022

⏱️ 66 minutes

🧾️ Download transcript

Summary

An Alabama redistricting case receives a contentious Supreme Court hearing, weighing race neutrality against a history of racial discrimination. Donald Trump files an emergency request with the Supreme Court and it’s… technical. Oh, and did we mention The Onion’s amicus brief? Also: stick to the end for a letter from the best compliance supervisor in America.

Transcript

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0:00.0

You ready?

0:02.0

I was born ready.

0:04.0

Welcome to the Advisory Opinions Podcast. I'm David French with Sarah Izger. I have so much to talk about.

0:28.0

I feel a little overwhelmed. I really actually do, but why don't we... I'll just go ahead and run through the lineup real fast.

0:40.0

And starting with... Sarah, did the onion file in a meekest brief? I haven't heard about this.

0:48.0

I don't know, David. I only got 75 emails, DMs, tweets, a plane flying over my house with a banner streaming behind it.

0:58.0

To be clear, everyone are wonderful listeners. Truly, love you all. The council for the onion emailed us. We didn't need all the rest of it.

1:10.0

We're going to talk about the onion amicus brief for sure. We're going to start by talking about it, but we also are going to talk about the Alabama redistricting case.

1:22.0

And so I've understood Sarah that I'm not... I should not say lit anymore.

1:28.0

Fire. The kids say fire. Yes. So the oral argument was fire. We're going to have a brief update on Yale.

1:36.0

We're going to have a fabulous achievement email and a correction about speech or debate.

1:42.0

Oh, wait, did I skip over the Trump filing in the Supreme Court? I did. I did skip over the Trump filing in the Supreme Court.

1:50.0

We got to go, David. I know. Okay. Let's start. Shall we? The onion brief. Sarah.

1:58.0

Okay. So we talked about this case quite a bit before. I think we've talked about it twice. This is the gentleman who had a beef with his local police department and creates a Facebook page that is supposed to resemble the police department Facebook page.

2:16.0

It says such things as the police department is now accepting new applications for employees. Minorities are strongly encouraged not to apply or that pedophile should come to the police department.

2:30.0

If they can do well on some of these puzzles, they'll be taken off the sex offender registry that they'll be offering abortions to teenagers in the back of a police van. Things like this.

2:40.0

The police department keeps telling him to take it down. He keeps not taking it down around and around. They go. Eventually, they get a warrant for his arrest.

2:54.0

Yep.

2:56.0

And they do in fact arrest him. It is, of course, thrown out under First Amendment grounds. He sues, though, under 1983 to recover damages for a violation of his civil rights.

3:10.0

That's where this case gets interesting because the Sixth Circuit grants qualified immunity because, at least in no small part, not that it wasn't obvious that he was protected by the First Amendment.

3:25.0

But that the police department got a warrant.

3:30.0

And so they had the city attorney go get the warrant. A neutral magistrate signed the warrant.

...

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