Eighth Amendment – Opening Arguments

Today’s breaking news episode takes an in-depth look at Bucklew v. Precythe, a recent Supreme Court decision that lays bare the “originalist” view of the Eighth Amendment. Is it as bad as you think it is? (Yes.)

We begin, however, with a look at Texas v. U.S. and the recent news that the Trump administration “changed its mind” and “will no longer defend” the Affordable Care Act. What does that mean? Listen and find out!

Then, it’s time for our deep dive into Bucklew v. Precythe, the Supreme Court’s analysis of how the 8th Amendment applies in capital punishment cases.

After that, we go back to Yodel Mountain for some updates on the congressional investigations, including the Congressional request for Trump’s tax returns and an EPIC FOIA request.

And if all that isn’t enough for you, well, we end, as always, with a brand new Thomas Takes the Bar Exam Question #121 involving the constitutionality of Presidential executive orders. As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Appearances

Thomas was just a guest on the Cognitive Dissonance podcast; go check it out! If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

1. Wikipedia entry on sodium thiopental can be found here.
2. Glossip v. Gross (2015)
3. Supreme Court’s opinion in Bucklew v. Precythe (Apr. 1, 2019)
4. 8th Circuit’s opinion below in Bucklew
5. Congressional letter requesting Trump’s taxes
6. Bonus! Zuckerman amicus brief in the ACA litigation.

Support us on Patreon at: patreon.com/law

Facebook: https://www.facebook.com/openargs/

Don’t forget the OA Facebook Community!

For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki

And email us at openarguments@gmail.com

Download Link

Today’s episode takes an in-depth historical look at the Eighth Amendment’s prohibition on “cruel and unusual punishment” and what that might mean for the future of Obergefell v. Hodges in the next Supreme Court. What does capital punishment have to do with gay marriage? Listen and find out!

We begin, however, with a discussion of the District Court’s refusal to modify the Flores settlement we discussed in Episode 184. Find out what the court thinks of Trump’s Executive Order to “keep families together” at the border… by indefinitely detaining minors in violation of the law.

After that, it’s time for a double-length dive into the history of Eighth Amendment jurisprudence, and in particular, the Supreme Court’s decision outlawing capital punishment in 1972 (Furman v. Georgia) and then reversing itself just four years later (Gregg v. Georgia). Is this a blueprint for what the next SCOTUS will do? Listen and find out!

Finally, we end the answer to Thomas Takes The Bar Exam #84 regarding spousal privilege. Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent Appearances

By the time you download this, Andrew will have been a guest discussing Judge Kavanaugh with conservative talk show host Chuck Morse. If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

We first discussed the President’s Executive Order regarding family separation in Episode 184; and you can click hear to read the District Court’s Order refusing to modify the Flores settlement.
The first case we discussed was Pavan v. Smith, 137 S.Ct. 2075 (2017), in which Roberts refused to sign on with the hard-right dissent.
Our two main cases we broke down were Furman v. Georgia, 408 U.S. 238 (1972) and Gregg v. Georgia, 482 U.S. 153 (1976).
Finally, we strongly recommend reading Justice Brennan’s 1986 Oliver Wendell Holmes lecture in which he explains his view of the Eighth Amendment.

Support us on Patreon at: patreon.com/law

Facebook: https://www.facebook.com/openargs/

Don’t forget the OA Facebook Community!

For show-related questions, check out the Opening Arguments Wiki

And email us at openarguments@gmail.com

Direct Download

Tag: Eighth Amendment

OA267: Originalism and the Eighth Amendment (Bucklew v. Precythe)

OA192: Capital Punishment, the Eighth Amendment &… Obergefell?