Opt-Out or Opt-In? Faith, Freedom & the First Grade (Mahmoud v. Taylor)
In this episode, we dive into one of the most talked-about education and religious liberty cases of this term: Mahmoud v. Taylor. At the heart of the case? A Maryland school district's decision to include LGBTQ-inclusive storybooks in the elementary curriculum—and to eliminate the opt-out policy that once allowed parents to excuse their children from these lessons on religious grounds.We explore the constitutional questions raised by Muslim, Catholic, and Orthodox Christian families who say their religious rights were sidelined, and the school district’s rationale that maintaining opt-outs was unworkable and potentially stigmatizing. What does the First Amendment really protect when it comes to public education, religious upbringing, and curriculum decisions? Tune in as we unpack the legal arguments, the court’s reasoning, and what this case could mean for schools and families across the country.Here are our sources: - https://www.oyez.org/cases/2024/24-297- https://www.supremecourt.gov/DocketPDF/24/24-297/335502/20241218150621210_24-297%20-%20Mahmoud%20v.%20Taylor%20-%20Brief%20in%20Opposition.pdf: - https://www.supremecourt.gov/DocketPDF/24/24-297/351193/20250304160341072_Mahmoud%20Merits%20Opening%20Brief%20FINAL%20REVISED.pdf- https://www.oyez.org/cases/2024/24-297- https://www.scotusblog.com/case-files/cases/mahmoud-v-taylor/
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16:08
Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos
Welcome back to Tiers of Scrutiny! This week, Pari and I discussed Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos--a case where the Mexican government takes American gun companies to court. Some relevant resources: https://www.oyez.org/cases/2024/23-1141https://www.scotusblog.com/case-files/cases/smith-wesson-brands-inc-v-estados-unidos-mexicanos/https://www.supremecourt.gov/DocketPDF/23/23-1141/332815/20241126130359423_23-1141%20ts.pdfhttps://www.supremecourt.gov/DocketPDF/23/23-1141/337036/20250110145559191_Mexico%20Response%20Brief%201-10-25%20Final.pdfhttps://www.culawreview.org/current-events-2/smith-amp-wesson-brands-inc-v-estados-unidos-mexicanos-and-the-future-of-transnational-gun-trafficking-liability
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10:34
Oklahoma State Charter School Board v. Drummond
Hi everyone! On today's ToS episode, Pari and I discuss Oklahoma State Charter School Board v. Drummond. This case raises various questions about the First Amendment's relationship to state-funded religious schools. Is it possible that the Free Exercise Clause prohibits states from excluding religious schools from charter-school programs? Alternatively, does the Establishment Clause require states to exclude these schools? We chat about these questions, as well as a few others here. As always, resources are listed below--thank you for tuning and we'll see you in two weeks!https://www.oyez.org/cases/2024/24-394https://constitution.congress.gov/constitution/amendment-1/https://www.supremecourt.gov/DocketPDF/24/24-394/351350/20250305181244391_24-396%2024-394%20Brief%20for%20Petitioner.pdfhttps://www.supremecourt.gov/DocketPDF/24/24-394/334661/20241209162142824_Board%20BIO%20MAIN%20E%20FILE%20Dec%209%2024.pdf
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14:39
Gender-Affirming Care (US v. Skrmetti)
Hey y'all! On today's episode Eva and I discuss US v. Skrmetti. Here are the resources we used: - https://www.hrc.org/resources/attacks-on-gender-affirming-care-by-state-map- https://jamanetwork.com/journals/jamasurgery/fullarticle/2793977- https://www.oyez.org/cases/2019/17-1618- https://www.oyez.org/cases/2024/23-477- https://www.theusconstitution.org/litigation/united-states-v-skrmetti/#:~:text=In%20United%20States%20v.,Clause%20of%20the%20Fourteenth%20Amendment- https://www.capitol.tn.gov/Bills/113/Bill/SB0001.pdf- https://www.scotusblog.com/case-files/cases/united-states-v-skrmetti/- https://www.supremecourt.gov/DocketPDF/23/23-477/300984/20240220190248213_23-477%20United%20States%20v.%20Skrmetti%20-%20final.pdf- https://www.supremecourt.gov/DocketPDF/23/23-477/299674/20240202161645864_23-466%20-477%20Brief%20in%20Opposition%20Final.pdf
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15:34
Barnes v. Felix: Defining Limits on Police Force
On today’s episode of Tiers of Scrutiny, Pari and I discuss Barnes v. Felix, a case concerning the “moment of threat doctrine”--a legal principle limiting review of police officers’ use of force to only the “moment of threat” in which they perceived a threat. Opponents of the doctrine call for an evaluation of “totality of circumstances”--arguing that courts must review any and all actions leading up to the moment of threat. Barnes v. Felix is named for Ashtian Barnes, a Black man who was shot and killed by a law enforcement officer during a traffic stop in 2016. Listed below are relevant resources: https://www.scotusblog.com/case-files/cases/barnes-v-felix/https://www.theusconstitution.org/litigation/barnes-v-felix/https://www.forcescience.com/2024/10/officer-created-jeopardy-a-legal-theory-that-threatens-effective-policing-will-the-supreme-court-restore-limits/https://abc13.com/post/us-supreme-court-reviewing-2016-case-where-pct-5-deputy-constable-roberto-felix-fatally-shot-ashtian-barnes-during-traffic-stop/15409623/https://www.supremecourt.gov/DocketPDF/23/23-1239/331758/20241113164932983_Barnes%20Merits%20Brief%2011-13-24%20Final.pdfhttps://supreme.justia.com/cases/federal/us/471/1/https://www.supremecourt.gov/DocketPDF/23/23-1239/335125/20241213165012756_Felix%20Respondents%20Brief.pdf
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