Heightened Scrutiny

Maverick Nebraska state senator Ernie Chambers sued the state legislature to stop the practice of paying a chaplain to deliver prayers during each session. In 1983, the Supreme Court took up his case, and ruled that such a practice, long a part of American history, should receive a First Amendment pass.

There are over 1 million attorneys in America. Almost none of them will ever get to argue a case before the US Supreme Court. But for those who do, it is a high honor. Some of the Court's own members have had that honor, including four current Justices.

In 1990, a St. Paul, MN teenager was arrested for burning a cross in the yard of a black family and charged with violating a city ordinance banning hate speech. Two years later, the US Supreme Court ruled that the ordinance violated the free speech clause of the First Amendment.

In the early 1960s, Jackson, Mississippi was ordered by a federal court to desegregate its swimming pools. It closed them all down instead. The Supreme Court ruled that closing all the public pools, even if for a racist reason, was not a violation of the Constitution. The social impact would be felt for generations.

Justice Stephen Breyer likes to ask very long questions. Law professor Josh Blackman tracks those questions in an archive called the Breyer Pages. Listen as Extra Scrutiny briefly explores Justice Breyer's record-setting verbosity.

In 1990, the Supreme Court ruled that the First Amendment did not provide an exemption from drug laws for religious practices. In its wake, Congress passed RFRA, which has changed the landscape of religious freedom in America.

The Supreme Court finally struck down its previous case, Bowers v. Hardwick, which had upheld state anti-gay sodomy bans. The gay rights movement celebrated their most comprehensive victory so far.

Justice Clarence Thomas has always been a controversial member of the Supreme Court. One of the reasons why is his persistent silence during oral argument. This episode explores his somewhat unique preference not to speak from the bench.

In 1986, the US Supreme Court ruled that the Fourteenth Amendment does not protect an individual right to personal autonomy or privacy in intimate, sexual relationships.

In 2005, the US Supreme Court ruled that the Fifth Amendment allows a city can condemn and bulldoze a private home to boost tax revenue.

This episode of Heightened Scrutiny tackles the famous 1967 interracial marriage case, Loving v. Virginia, with clips from past news coverage and 1990s talk shows as well as extended excerpts from the Court's highly charged oral arguments on the fundamental right to marry.

This episode of Heightened Scrutiny tackles the famous 1989 flag burning case, Texas v. Johnson, with clips from news reports of past and recent flag burnings as well as extended excerpts from the Court's highly charged oral arguments on this provocative issue.

In this episode, Heightened Scrutiny considers the people and arguments behind the landmark abortion case Roe v. Wade, and considers how the Supreme Court interpreted the Fourteenth Amendment to reach its controversial decision.