• Who is Neil Gorsuch? U.S. Supreme Court Justice | NowThis
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    Who is Neil Gorsuch? U.S. Supreme Court Justice | NowThis

    Senator, those are not my words and I would never had said them. I didn’t say that. I asked you if you agreed with this statement. And I’m telling you I don’t. That’s Neil Gorsuch. He was appointed by President Trump to fill the Supreme Court seat left vacant after the death of Antonin Scalia. Scalia died during President Obama’s term, but Obama’s nomination of Merrick Garland was stonewalled by Republicans until a Conservative got into office… They have ripped us to shreds. Ripped us absolutely to shreds. Actually, I was only kidding, you can get the baby out of here. Now it’s paying off. Gorsuch will affect decades of…

  • Day two of Brett Kavanaugh’s Supreme Court confirmation hearing
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    Day two of Brett Kavanaugh’s Supreme Court confirmation hearing

    GOOD MORNING AND WELCOME IN LIVE COVERAGE TRUMP’S NOMINEE TO BE THE NEXT SUPREME COURT JUSTICE STAY TUNED TO START THAT 9:30 AM EASTERN TIME AND WE WILL BRING INTO LIVE WE’RE LOOKING AT A SHOT OF THE HEARING ROOM IN A WHILE, SENATORS WILL GET THEIR CHANCE TO GRILL THE NOMINEE. I AM JOINED HERE IN THE STUDIO WITH EUGENE SCOTT, REPORTER. YOU CAN CATCH OUR BROADCAST TODAY AT THE HOME PAGE. A SPECIAL HELLO TO VIEWERS . THANK YOU FOR WATCHING AND THANK YOU FOR COMMENTS. YOU CAN FOLLOW IF YOU WOULD LIKE MORE FROM WASHINGTON POST. THE DEMOCRATS HAVE BEEN WAITING FOR A CHANCE TO PUBLICLY ASK…

  • Interpreting the Constitution in Modern Day America
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    Interpreting the Constitution in Modern Day America

    ♪♪Music♪♪ So here’s the set up. In Marbury vs. Madison the Supreme Court claimed the power of judicial review, which is to say, take the text of the constitution, read the words of the constitution and interpret them as they would a law and if they found that an act of the legislature, state or national, as in the case of Marbury, violated the constitution or exceeded the scope of power was enacted in and outside the scope of power of the enacting body, then they could invalidate it. Say the statute is unenforceable, that statutes void, it’s unconstitutional is what they would say. So that’s a pretty, it’s a…

  • Trump: 2nd Amendment ‘will never be repealed’
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    Trump: 2nd Amendment ‘will never be repealed’

    President Donald Trump says the Second Amendment isn’t going anywhere. Trump said in a tweet Wednesday that the amendment “WILL NEVER BE REPEALED.” He added: Trump’s heated message was in response to an op-ed retired Supreme Court Justice John Paul Stevens wrote for The New York Times. In the piece, Stevens said he wants to get rid of the Second Amendment. He wrote that a repeal:

  • Interpreting the Constitution: A Living Document?
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    Interpreting the Constitution: A Living Document?

    ♪♪Music♪♪ During this lecture I want to talk about the living constitution. In our previous lecture we talked about originalism. This is the main alternative to originalism. The notion that the constitution is a dynamic document that has the potential to change over time and that is something they think is, is true just because it’s true, but that they also imagined and hoped it would change over time to reflect changing conditions, changing circumstances whether they be social or economic in nature. And like with originalism, there are two different ways we can begin to understand where this notion comes from. Why would somebody come up with this idea…

  • Free Speech & Off-Label Branding [POLICYbrief]
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    Free Speech & Off-Label Branding [POLICYbrief]

    Off-label use is when a drug is fully FDA approved for safety and for a particular purpose, but it’s used or prescribed for a purpose or a patient population or a dosage that’s different from what the FDA approved. Pharmaceuticals are only approved for particular purposes. This is because the FDA requires all pharmaceuticals to be approved not just for safety, but also for efficacy. That means that to be approved by the FDA for a particular use, a drug or a medical device has to go through that 10-15 year approval process for each particular use that the pharmaceutical company wants to market it. Today about one in five…

  • Supreme Court Roundup: October Term 2017 [SCOTUSbrief]
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    Supreme Court Roundup: October Term 2017 [SCOTUSbrief]

    The case of Sveen v. Melin is a case about the contracts clause of the Constitution. Contracts clause says that no state shall pass any law impairing the obligation of contracts. And at issue is a 2002 Minnesota law that said that in the event of a divorce, the designation of an ex-spouse as a beneficiary will be revoked automatically. Kaye Melin and Mark Sveen were married in 1997. They get divorced in 2007. When Mr. Sveen died, the primary beneficiary on his life insurance policy was his ex-wife, Kaye Melin, and the contingent beneficiaries were his two children from a prior marriage. So the question is, is Kaye Melin…

  • Supreme Court Roundup: October Term 2018 [SCOTUSbrief]
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    Supreme Court Roundup: October Term 2018 [SCOTUSbrief]

    This was an interesting term. Not as many blockbusters, necessarily, as-as in past years, but plenty to chew on, and there are individual videos about the-the biggest cases. I want to talk about three others that might get overlooked. Knick was the biggest property rights case of the term, probably the biggest property rights case in some time. Even though it was a procedural case, that is, it was about whether you have to first go to state court to bring your claim that the local government has taken your property in violation of the Fifth Amendment, or whether you can go straight to federal court. Rose Mary Knick said…

  • O’Bannon v. NCAA: Intellectual Property, Antitrust, & College Sports [POLICYbrief]
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    O’Bannon v. NCAA: Intellectual Property, Antitrust, & College Sports [POLICYbrief]

    I was, uh, at a friend’s house and saw my likeness on a video game that his kid was playing. I initially thought it was pretty cool and was flattered, quite honestly. But then it was brought to my attention that they had paid for that video game and I didn’t get any type of compensation or even, uh, permission to use my likeness on that video game. It was his height, his race, his skillset, his jersey number, everything but his name. He raised this question of how is it possible that years and years and years after I, I played that the NCAA can continue to earn revenue…

  • The Marriage Cases: Legal Challenges to Prop 8 and DOMA
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    The Marriage Cases: Legal Challenges to Prop 8 and DOMA

    The 14th Amendment guarantees liberty and the equal protection of the law to every American. When a state refuses to recognize a marriage of two people of the same sex, is it violating those principles? Or when the federal government decides not to recognize a marriage that is legal in a state, is that a federal overreach? These are the questions that are before the Court in two cases in 2013. However the Court decides the cases, they raise underlying and enduring questions about liberty that all of us should care about. One case challenges a California State law popularly known as Prop 8, which was passed by the voters…