Supreme Court Review 2016/2017 TERM
SATURDAY, FEBRUARY 25, 2017

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A weekly discussion of the U.S. Supreme Court’s most recent opinions, oral arguments and grants of certiorari.

NOW PLAYING... December 22, 2016 Transgender Bathroom Update - Engineering a Delay
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PODCASTS
Transgender Bathroom Update - Engineering a Delay (12/22/2016)

On this episode we consider a delay granted by the Court in Gloucester County School Board v. G.G., a case which the Supreme Court was expected to hear this Term concerning whether states are bound by a Department of Education interpretation of Title IX and 34 C.F.R. § 106.33, which provides that a funding recipient providing sex-separated facilities must “generally treat transgender students consistent with their gender identity.”

Police Use of Force: The Provocation Rule (12/21/2016)

On this episode we review the Court's recent grant of review to the case of Los Angeles County v. Mendez, which considers the merits of the Ninth Circuit's application of its "Provocation Rule" and whether that rule conflicts with Supreme Court precedent. Under the “provocation” rule, an officer may be held responsible for an otherwise reasonable use of force where the officer intentionally or recklessly provoked a violent confrontation, and the provocation was itself an independent Fourth Amendment violation.

Use of Current Medical Standards to Revisit Prior Disability Determinations in Death Penalty Cases (12/03/2016)

Whether it violates the Eighth Amendment and this Court’s decisions in Hall v. Florida and Atkins v. Virginia to prohibit the use of current medical standards on intellectual disability, and require the use of outdated medical standards, in determining whether an individual may be executed.

Transgender Bathrooms (11/04/2016)

On this episode, we review the Court's recent grant of review to Gloucester County School Board v. G.G., which considers whether courts should extend deference to an unpublished agency letter that requires publicly funded schools to "treat transgender students consistent with their gender identity” in the use of bathrooms.

Is Juror Testimony About Racial Bias During Jury Deliberations Admissible? (10/09/2016)

On this episode we discuss a case to be heard in oral arguments this week concerning a rule of evidence that prohibits the introduction of juror testimony regarding statements made during deliberations when offered to challenge the jury’s verdict. The question here is whether that rule applies when a defendant is attempting to prove a violation of the Sixth Amendment's "right to an impartial jury."