Digest

This episode of Strict Scrutiny begins with a discussion of the Supreme Court's recent opinions, including Contero v. Bank of America, a unanimous decision that vacated a Second Circuit ruling on the preemption of state escrow interest laws by federal banking laws. The episode then covers NRA v. Fulow, a unanimous decision finding that New York State officials unconstitutionally coerced companies into severing business ties with the NRA due to its political positions. The episode also discusses Thornal v. Jones, a 6-3 decision written by Justice Alito that reversed a Ninth Circuit ruling on a post-conviction ineffective assistance of counsel claim, with Justice Sotomayor and Justice Jackson filing dissenting opinions. The episode then delves into the ongoing saga of Justice Alito's wife, Martha Ann, and her flag-flying antics, which have been the subject of recent reporting by Jody Cantor. The episode discusses the sequence of events leading up to Martha Ann's decision to fly an upside-down American flag outside their home, including a dispute with their neighbors over anti-Trump signs and a reported incident where Martha Ann allegedly spit on their car. The episode also discusses Justice Alito's response to the controversy, in which he blamed his wife for the flag-flying and defended her right to do so. The episode concludes with a discussion of the implications of these events for the Supreme Court's ethics and the ongoing debate over the court's accountability.

Outlines

00:00:00

Supreme Court Opinions

This Chapter discusses the Supreme Court's recent opinions, including Contero v. Bank of America, NRA v. Fulow, and Thornal v. Jones. Contero v. Bank of America was a unanimous decision that vacated a Second Circuit ruling on the preemption of state escrow interest laws by federal banking laws. NRA v. Fulow was a unanimous decision finding that New York State officials unconstitutionally coerced companies into severing business ties with the NRA due to its political positions. Thornal v. Jones was a 6-3 decision written by Justice Alito that reversed a Ninth Circuit ruling on a post-conviction ineffective assistance of counsel claim, with Justice Sotomayor and Justice Jackson filing dissenting opinions.

00:24:43

Court Culture: The Real Housewives of Fairfax County

This Chapter discusses the ongoing saga of Justice Alito's wife, Martha Ann, and her flag-flying antics, which have been the subject of recent reporting by Jody Cantor. The episode discusses the sequence of events leading up to Martha Ann's decision to fly an upside-down American flag outside their home, including a dispute with their neighbors over anti-Trump signs and a reported incident where Martha Ann allegedly spit on their car. The episode also discusses Justice Alito's response to the controversy, in which he blamed his wife for the flag-flying and defended her right to do so.

01:06:54

Podcast Doomscrolling: The Season of Bad Decisions

This Chapter discusses the implications of these events for the Supreme Court's ethics and the ongoing debate over the court's accountability. The episode also discusses the upcoming decisions that the court is expected to issue in the coming weeks, including cases on Trump immunity, prosecutions for J6ers, abortion, gun control, social media regulation, and more. The episode concludes with the announcement of the official Strict Scrutiny summer cocktail, the Martha Rita.

Keywords

Q&A

• What were the key takeaways from the Supreme Court's recent opinions discussed in this episode?

  The Court issued a unanimous decision in Contero v. Bank of America, finding that the Second Circuit had erred in its preemption analysis. In NRA v. Fulow, the Court also ruled unanimously, finding that New York State officials had unconstitutionally coerced companies into severing ties with the NRA. However, the Court's 6-3 decision in Thornal v. Jones, written by Justice Alito, reversed a Ninth Circuit ruling on a post-conviction ineffective assistance of counsel claim, with Justice Sotomayor and Justice Jackson filing dissenting opinions.

• What is the ongoing saga surrounding Justice Alito's wife, Martha Ann?

  Martha Ann Alito has been the subject of recent reporting by Jody Cantor for her flag-flying antics, which have included flying an upside-down American flag and a "manga" flag outside their home. These actions have sparked controversy and debate, with some questioning whether they raise ethical concerns for Justice Alito. Justice Alito has defended his wife's actions, arguing that she has a right to privacy and freedom of expression.

• What are the implications of these events for the Supreme Court's ethics and accountability?

  The controversy over Martha Ann Alito's flag-flying has raised further questions about the Supreme Court's ethics and accountability. Some have argued that the justices should be subject to stricter ethical rules, while others have defended the Court's independence. The debate over the Court's ethics is likely to continue in the coming months, particularly as the Court faces a number of high-profile decisions on issues such as abortion, gun control, and social media regulation.

• What are some of the key decisions that the Supreme Court is expected to issue in the coming weeks?

  The Court is expected to issue a number of high-profile decisions in the coming weeks, including cases on Trump immunity, prosecutions for J6ers, abortion, gun control, social media regulation, and more. These decisions are likely to have a significant impact on American society and politics.

Show Notes