Rogue Judges and Birthright Citizenship

Okay, so what constitutes "cruel and unusual"? Why was it okay to brand horse thieves in the face in old timey days, but it's barbaric now? In the final installment of this year's Judge Week, we go over the history of cruel and unusual punishments; what scared the English into outlawing it in their Bill of Rights, and how America interpreted it for the first century of the Constitution. Then, landmark decisions which have further modified, narrowed, and evolved what constitutes as "cruel" in the United States.

Pornhub ceased operating in the Lone Star State after Texas implemented an age verification law. Pornhub, and other adult websites, said the compliance was too onerous, and the potential fines too staggering. In response, the Free Speech Coalition sued Texas in court for an injunction to block the law, on the grounds that by burdening protected (if offensive) speech it violated the first amendment. Texas responded by saying that requiring age verification online is no different than asking to see ID at a brick-and-mortar porno theater.  In this episode we visit the Free Speech Coalition v. Paxton, and the full history of American jurisprudence regarding pornography and protected speech.  Ronnie London is general counsel of FIRE, and joins to discuss.

In Mahmoud v. Taylor the Supreme Court affirmed parents rights to remove their children from LGBTQ material used in public schools. The Court ruled that opt-outs preserve separation of church and state, and protect parental rights.  The Dissent maintains that exposure is not the same thing as indoctrination, and opt-outs are at best going to be an administrative nightmare, at worst a religious veto on acceptable content. Anastasia Boden of PLF joins to discuss.

In Trump v. Casa the Supreme Court ruled that district judges cannot issue “universal injunctions” against the federal government… Well, what the hell does that mean? The ruling comes in regard to Trump’s executive order on birthright citizenship. Is the Trump administration accurately “rediscovering” the true meaning of the Constitution, or just twisting and mangling it to make sure nobody here illegally can confer citizenship on their kids? Tim Sandefur of the Goldwater Institute joins to discuss.

I think I probably drink too much, and I ought to curb that before I wrinkle prematurely. Fortunately, there is Katie Herzog. You may know her as the host of the Blocked & Reported podcast, but she is also the author of “Drink Yourself Sober: The Science-Based Method to Break Free from Alcohol.” LINKS: Addicted to Dopamine https://podcasts.apple.com/us/podcast/addicted-to-dopamine/id1439837349?i=1000601229295

Daryl Davis is an African American musician responsible for de-radicalizing over 200 Klansmen and Neo-Nazis in his attempts to understand racism. He joins Heaton to talk about his experience, contact science, and the best ways to overcome bigotry. This episode has been corrected for an audio error which previously occurred. If you see two episodes in your player, go with this one! Original air date: July 8, 2020

Europe’s GDP and purchasing power lag behind that of the United States. Why?  Sam Bowman is the Editor of Works in Progress at Stripe, and the former Executive Director of the Adam Smith Institute. He recently wrote an article for Reason Magazine entitled "The Europoors Are Choosing to Have Less Then Americans. It Doesn't Have to Be this Way."  He joins to discuss if Europe is actually poorer, and why.  

Liberalism was once thought to be triumphant and inevitable, but at the moment it’s losing ground across the globe. Cass Sunstein joins to discuss what liberalism is, why it’s good, and some of the in-family debates.    LINK: Cass Sunstein on Smarter Regulations https://www.thepoliticalorphanage.com/p/cass-sunstein-on-smarter-regulations-85e  

Well, how do we respond after assassinations and political tragedies? Let's talk about it. Ugh. Link: Assassins Part II: A Loser Kills Garfield https://www.patreon.com/posts/130642450

If Iran’s Islamic Republic collapsed—or got pushed out—who would pick up the pieces? This week we look at the recent history of Iran, and the coup perpetrated by the CIA and MI6. To understand Iran’s broader political context, and the power players poised to seize leadership.   Linked Bonus Episode: McKinley Dies and the Empire is Born On Patreon:  https://www.patreon.com/posts/bonus-mckinley-131344006?utm_medium=clipboard_copy&utm_source=copyLink&utm_campaign=postshare_creator&utm_content=join_link On Substack: https://www.thepoliticalorphanage.com/p/assassins-part-iv-mckinley-dies-and?r=1moac&utm_campaign=post&utm_medium=web&showWelcomeOnShare=false