OA17: You Be The Supreme Court, Part 2 (Patreon)

In this week's episode, we return to our little role-playing experiment "You Be The Supreme Court," using an actual case that is currently pending before the Court:  Trinity Lutheran Church of Columbia, Inc. v. Pauley.

Last time, we went through the Petitioner's brief seeking to overturn the lower court's decision to deny Trinity Lutheran Church the opportunity to participate in a Missouri program that recycles tires into playground surfaces.  This week, we look at Missouri's response and find out if the Petitioner's case holds water.

In our weekly listener question segment, we answer a question from David in Kentucky, who wants to know why defendants don't simply counterclaim against plaintiffs for attorneys' fees.  Andrew actually answers this question, and along the way provides some helpful distinctions between the American model and the so-called European model of civil lawsuits.

Finally, in our closing segment, "Closed Arguments" returns with a First Amendment lawsuit brought by (legal) teenage strippers who are ready to fight for their First Amendment rights.  (Don't worry, this episode is still safe for work.)

Be sure to turn in next week for Part 3 of "You Be The Supreme Court!" when Trinity gets another crack in their reply brief, and we'll evaluate where things stand as this case goes before the Supreme Court this Fall Term!

Show Notes & Links

1. All of the briefs filed in Trinity Lutheran Church of Columbia, Inc. v. Pauley are online.
2. Respondent's brief can be found here.
3.  This (totally safe for work, picture-free) article from Consumerist explains the stripper lawsuit.

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