Unpublished Opinions

John Wrench is joined by Kirby West and Josh Windham to discuss some of the major threats to liberty, including warrantless mass surveillance, the facial/as-applied distinction, and grade inflation. They begin with IJ’s recent victory—the Pennsylvania Supreme Court’s unanimous rejection of the so-called “open fields doctrine”—while puzzling over the difference between facial and as-applied relief. Mass surveillance remains a theme as they comment on growing opposition to automated licensed plate readers (ALPRs), which has stimulated everything from litigation to proposed legislation to a recent instance of “self-help.” Finally, prompted by a recent change at Yale Law School, they consider The Curve, inflated grades, and what that all means for legal education.  Pennsylvania Open Fields case Pennsylvania Fish Cops case Chatrie v. U.S.

With guest host Patrick Jaicomo, he and IJ’s Anya Bidwell and Diana Simpson conspire on how best to keep the competition out of their guild. Or, rather, they contemplate how their guild—the legal profession—unfairly keeps the competition out and what recent changes to accreditation policies in Texas and Florida tell us about the value of the bar exam, law school, the American Bar Association, and other related institutions. Then the crew turn to the value of liberalism in these heady days. Story on Texas dropping the ABA Story on Florida dropping the ABA

John Wrench is joined by Sam Gedge and Kirby West for a session of hot takes, hard questions, and changed minds. The trio challenge received wisdom about notorious doctrines and cases, debate how much of public interest litigation is about permanent resolution versus holding the line, and provide positions they’ve revised over the course of their careers.  Docket in St. Mary Catholic Parish v. Roy Employment Division v. Smith

John Wrench is joined by Diana Simpson and Patrick Jaicomo for an episode that crosses between profound and provocative. The trio reacts to the Supreme Court’s late-breaking decision in Olivier v. City of Brandon, weighing in on what it says and doesn’t say about the Heck bar. Then the conversation takes a turn toward Adams County, Ohio, where Afroman (yes, that Afroman) has just won a defamation case brought by the sheriff’s deputies who raided his house, instilling the trio with a deep sense of civic pride. Finally, the group swings over to Judge VanDyke’s dissental in Olympic Spa v. Armstrong, the one everyone is talking about—and not because of the legal issues.  Oliver v. City of Brandon Lemon Pound Cake Olympic Spa v. Armstrong (en banc denial)

John Wrench welcomes Josh Windham and Kirby Thomas West for a gameshow episode that proves Schiller’s insight that one becomes fully human through play. A series of games takes the trio through the highs and lows of legal practice, two truths and a lie about their legal careers, and some of the most famous quotes from Supreme Court opinions. The full Josh argument The Years of Lyndon Johnson The Eras Tour