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Advisory Opinions

The Takings Clause

Advisory Opinions

The Dispatch

News, Government, Politics

4.74K Ratings

🗓️ 25 March 2021

⏱️ 67 minutes

🧾️ Download transcript

Summary

On today’s pod, Sarah and David give us an update on the goings on at the Supreme Court, with an in-depth look at a union takings case out West. “A California regulation allows union representatives to meet with farm workers at their work sites for up to three hours a day for as many as 120 days a year,” Sarah explains. “And so the question is: Is this a per se taking under the Fifth Amendment?” After Sarah and David discuss oral arguments for the case, they do a deep dive on a 9th Circuit Second Amendment case, Twitter’s lawsuit against Texas Attorney General Ken Paxton, and a Massachusetts Supreme Judicial Court case on the ministerial exception. They wrap things up with some much needed Netflix recommendations and a conversation about D.C. statehood. Show Notes: -Cedar Point Nursery v. Hassid and Supreme Court oral arguments. -New York State Rifle & Pistol Association Inc. v. Corlett and Holloway v. Garland. -Twitter, Inc. v. Ken Paxton. -Deweese-Boyd v. Gordon College. -Torres v. Madrid. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

You ready?

0:02.0

I was born ready.

0:04.0

Welcome to the advisory opinion podcast.

0:22.0

This is David French with Sarah isger and my goodness.

0:28.0

So Sarah one of the things that is awesome about this podcast is that we now are receiving almost instantaneously from people correspondence all over the country.

0:42.0

We have the immediate, interesting legal filings, immediate, interesting case court decisions and when I say interesting, I mean like 90% of them are actually interesting.

0:58.0

And so what it's doing is what we were we're not lacking for topics anymore, but my goodness.

1:06.0

No, we have the opposite problem.

1:08.0

Yeah, yeah, we got to dive in we're burning time.

1:12.0

I know, I know. Well, so here's the here's the run. Here's how it's going to go.

1:16.0

We're going to talk about the Supreme Court, a union oral argument, the conference.

1:20.0

We're going to talk about night circuit decision on the second amendment that was very interesting.

1:28.0

Twitter has filed a lawsuit against the attorney general of Texas.

1:32.0

The Massachusetts Supreme Judicial Court has made a boo boo.

1:36.0

We're going to talk about DC statehood and we're also Sarah is going to urge and going to end with a pop culture recommendation.

1:46.0

My goodness, okay, Sarah, we're going to hand the baton to you first to talk about what is going on at the Supreme Court of the United States.

1:56.0

First step yesterday, there was another big argument.

2:00.0

This was when the police can enter a home without a warrant when the intent is not to conduct a criminal investigation, but to check on the occupants health or safety.

2:08.0

This happens a lot. It's happening more and more as police take on these sort of social welfare roles.

2:16.0

We're going to table that and do it on Monday because we have a different argument to talk about the argument that happened earlier in the week.

2:24.0

So this is the case, the union case and the taking case.

2:30.0

A California regulation allows union representatives to meet with farm workers at their work sites for up to three hours a day for as many as 120 days a year.

...

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