Heightened Scrutiny

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Episodes

Date Title & Description Contributors
2017-07-12

  Episode 10: Marsh v. Chambers

Photo courtesy New York Times In 1965, the Nebraska Unicameral legislature hired a Presbyterian minister as its official chaplain to deliver prayers before each session. 15 years later, maverick ...
  Heightened Scrutiny Podcast author
2017-06-12

  Extra Scrutiny: Before the Court

The Justices of the Supreme Court were not born wearing the black robes of the highest court in the United States. They were lawyers first. As lawyers, some of them were among the historically tiny fraction of American attorneys who have had the honor ...
  Heightened Scrutiny Podcast author
2017-05-31

  Episode 9: R.A.V. v. City of St. Paul

In the summer of 1990, several teenagers set fire to a crudely-made cross on the lawn of an African American family in St. Paul, Minnesota. One of those teenagers, known in court documents as R.A.V. because he was a juvenile, was prosecuted under a loc...
  Heightened Scrutiny Podcast author
2017-05-19

  Episode 8: Palmer v. Thompson

In 1954, the Supreme Court struck down the Jim Crow doctrine of "separate but equal" in public education. A year later, the Court ruled that all public facilities operated by state and local municipalities must be desegregated as well.In a subsequent l...
  Heightened Scrutiny Podcast author
2017-05-12

  Extra Scrutiny: The "Breyer Pages"

Justice Clarence Thomas is known for his silence on the bench during oral arguments at the U.S. Supreme Court. But Justice Stephen Breyer is known for the opposite: his incredible verbosity. He asks lots of questions, and sometimes those questions are ...
  Heightened Scrutiny Podcast author
2017-05-05

  Episode 7: Employment Division v. Smith

In the late 1980s, Alfred Smith and Galen Black were fired from their jobs as drug counselors for using peyote as part of Native American religious services. They applied for unemployment benefits but were denied by the state of Oregon. Smith and Black...
  Heightened Scrutiny Podcast author
2017-04-26

  Episode 6: Lawrence v. Texas

In 1986, the Supreme Court upheld the anti-sodomy law of Georgia in a case called Bowers v. Hardwick, effectively ruling that anti-gay discrimination across the country was constitutional. But in 2003, after John Lawrence and Tyron Garner were arrested...
  Heightened Scrutiny Podcast author
2017-04-21

  Extra Scrutiny: The "Silence" of Clarence Thomas

Clarence Thomas has always been a controversial figure on the Supreme Court. First it was his contentious confirmation hearings, during which he was accused of persistent sexual harassment, and the narrow vote by the Senate in which he was nearly rejec...
  Heightened Scrutiny Podcast author
2017-04-14

  Episode 5: Bowers v. Hardwick

In the early 1980s, as the AIDS epidemic raged and public scorn for gay people had reached a fevered pitch, Michael Hardwick was arrested at his home in Georgia for the crime of sodomy. His consensual relationship with a male partner landed him in the ...
  Heightened Scrutiny Podcast author
2017-04-04

  Episode 4: Kelo v. City of New London

Susette Kelo loved her "little pink house" near the banks of the Thames River in New London, Connecticut. But New London, struggling with an multi-decade economic downturn, adopted a major redevelopment plan that required the demolition of Kelo's entir...
  Heightened Scrutiny Podcast author