Heightened Scrutiny

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An episodic podcast taking a closer look at landmark civil rights decisions by the U.S. Supreme Court. Host Joe Dunman walks listeners through the arguments and decisions of each case.

Joe Dunman


    • Jul 12, 2017 LATEST EPISODE
    • infrequent NEW EPISODES
    • 33m AVG DURATION
    • 13 EPISODES


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    Latest episodes from Heightened Scrutiny

    Episode 10: Marsh v. Chambers

    Play Episode Listen Later Jul 12, 2017 37:56


    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.

    Extra Scrutiny: Before the Court

    Play Episode Listen Later Jun 12, 2017 20:58


    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.

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

    Play Episode Listen Later May 31, 2017 41:11


    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.

    Episode 8: Palmer v. Thompson

    Play Episode Listen Later May 19, 2017 39:13


    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.

    Extra Scrutiny: The "Breyer Pages"

    Play Episode Listen Later May 12, 2017 13:29


    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.

    Episode 7: Employment Division v. Smith

    Play Episode Listen Later May 5, 2017 40:28


    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.

    Episode 6: Lawrence v. Texas

    Play Episode Listen Later Apr 26, 2017 45:40


    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.

    Extra Scrutiny: The "Silence" of Clarence Thomas

    Play Episode Listen Later Apr 21, 2017 15:58


    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.

    Episode 5: Bowers v. Hardwick

    Play Episode Listen Later Apr 14, 2017 42:01


    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.

    Episode 4: Kelo v. City of New London

    Play Episode Listen Later Apr 4, 2017 38:50


    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.

    Episode 3: Loving v. Virginia

    Play Episode Listen Later Mar 23, 2017 33:50


    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.

    loving court heightened scrutiny
    Episode 2: Texas v. Johnson

    Play Episode Listen Later Mar 13, 2017 38:42


    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.

    texas court heightened scrutiny
    Episode 1: Roe v. Wade

    Play Episode Listen Later Mar 3, 2017 32:34


    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.

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