Trump Subpoena Cases! Birth Control & Obamacare! Half of Oklahoma is a Reservation! - Punk Law 101
On today's episode- John and Walter talk about the last 5 of the United States Supreme Court's opinions to be released this session. Dealing with a range of issues including- the new rules for employers taking an exception to providing birth control as part of their healthcare plan (02:00), half of eastern Oklahoma potentially being apart of the Creek Nation Reservation (26:00), the Trump Subpoena cases (47:00) and the "ministerial exception" (01:03:00).
Check out the youtube videos: [ https://www.youtube.com/playlist?list=PLu8rjs_AKBSUe2OEedZAalOoJash8h2k-] (https://www.youtube.com/playlist?list=PLu8rjs_AKBSUe2OEedZAalOoJash8h2k-)
For Robocalls, Faithless Electors and the National Vote compact: [https://youtu.be/PncZPSZzwbA] (https://youtu.be/PncZPSZzwbA)
For USPTO v. Booking.com (a good starter on trademark law): [https://youtu.be/ppAXaZUk4n0] (https://youtu.be/ppAXaZUk4n0)
Quick primer on McGirt v. Oklahoma: https://youtu.be/mRqUK4Og27Q
McGirt v. Oklahoma
The U.S. Supreme Court just ruled that Oklahoma prosecutors cannot try Native Americans in state courts for crimes committed on tribal lands, upholding the sovereignty of the Creek Nation and other tribes. This will result in the reversal of some Oklahoma death sentences
The Major Crimes Act (MCA) provides that, within “the Indian country,” “[a]ny Indian who commits” certain enumerated offenses “shall be subject to the same law and penalties as all other persons committing any of [those] offenses, within the exclusive jurisdiction of the United States.” 18 U. S. C. §1153(a). “Indian country” includes “all land within the limits of any Indian reservation under the jurisdiction of the United States Government.” §1151
Trump v. Vance and Trump v. Mazars are two subpoena cases dealing with Trump's financial records. Here the Supreme court handles these cases quite differently. In Trump v. Vance, the justices held that a sitting president is not absolutely immune from a state criminal subpoena for his financial records. In Trump v. Mazars, the justices held that the courts below did not take adequate account of the significant separation of powers concerns implicated by congressional subpoenas for the president’s information, and sent the case back to the lower courts.
Little sister of the poor saints peter and paul home v. Pennsylvania.- The affordable care act, birth control case! Turns out this case is more narrow than what most people think it means. Holding: The Departments of Health and Human Services, Labor and the Treasury had authority under the Affordable Care Act to promulgate rules exempting employers with religious or moral objections from providing contraceptive coverage to their employees.
Our Lady of Guadalupe School v. Morrissey-Berru- The "ministerial exception" under the religion clauses of the First Amendment forecloses the adjudication of employment-discrimination claims of Catholic school teachers in these cases.
WARNING! This podcast is for informational purposes only and should not be considered a substitute for legal advice. If you have a question or wish to act upon the information in this podcast, we recommend you consult an attorney in your state.
*Punk Law 101- A Legal News, Commentary, & Comedy Series*
Walter John Deptuch, Esq.: @Brojodeathpunch
Follow the podcast at: @punklaw101
Punk Law 101 is an informational and entertainment series. Through a series of youtube videos, podcasts and interviews with other lawyers and local stand up comedians. We're gonna try to figure out just how and why our legal system works the way it does... and is there a way it could work better?
We'll review recent #SupremeCourt decisions, discuss current and past #political movements, and compare pop culture references like TV Shows, Movies and even Memes!
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