A Tale of “Hanging Chads”: A Discussion of Bush v. Gore
Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg
Release Date: 03/31/2021
Season 3: Episode 5: RBG, Justice Marshall and the Death Penalty (Part 2)
Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg
In Season 3, Episode 5 of Notorious, we continue to discuss the ’s prohibition against cruel and unusual punishment – from Justice Marshall’s viewpoint, as well as Justice Ginsburg’s viewpoint. This topic is broken up into two episodes, with Episode 5 focusing mostly on Justice Ginsburg’s views and how those views intersect with those of Justice Marshall. attorneys , and discuss the history of the death penalty, as well as the cases of and , and the impact of their legal legacy on future capital punishment jurisprudence. Related Resources: For a selection of Justice...
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Season 3: Episode 4: RBG, Justice Marshall and the Death Penalty (Part 1)
Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg
In Season 3, Episode 4 of Notorious, we discuss the ’s prohibition against cruel and unusual punishment – from Justice Marshall’s viewpoint, as well as Justice Ginsburg’s viewpoint. This topic is broken up into two episodes, with Episode 4 focusing mostly on Justice Marshall’s views and historical context. attorneys , and discuss the history of the death penalty, as well as the cases of and , and the impact of their legal legacy on future capital punishment jurisprudence. Related Resources: For a selection of Justice Ginsburg’s writings, see , edited by . For more...
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Season 3: Episode 3: Justice Ginsburg and Justice Marshall’s Views on Campaign Finance
Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg
In Season 3, Episode 3 of Notorious, we discuss campaign finance, from legal viewpoints of Justices Ginsburg and Marshall. Among the issues discussed are what it means to participate in a fair and free election and the intersection between money and its impact on free speech during a political campaign. Guests will include Patterson Belknap Partner and Patterson Belknap Associates and . Related Resources: For a selection of Justice Ginsburg’s writings, see , edited by . For more information about , see . For information about becoming a guest on Notorious, email . For questions or...
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Justice Marshall & Justice Ginsburg First Amendment Jurisprudence
Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg
In Season 3, Episode 2 of Notorious, we discuss the First Amendment and how it was addressed by Justice Ginsburg and Justice Marshall. Specifically, this episode will cover Justice Ginsburg’s and Justice Marshall’s jurisprudence concerning the religious clauses of the First Amendment, including the Establish Clause and the Free Exercise Clause. Guests will include Patterson Belknap Partner ; Patterson Belknap Counsel ; and Patterson Belknap Associates and . Related Resources: For a selection of Justice Ginsburg’s writings, see , edited by . For more information about , see . For...
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Season 3, Episode 1: Justice Marshall & Justice Ginsburg’s Judicial Philosophies
Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg
In Season 3, Episode 1 of Notorious, we discuss Justice Thurgood Marshall’s and Justice Ruth Bader Ginsburg’s contributions to the Civil Rights Movement, and parallels and differences between their legal and judicial strategies. Guests will include , who currently sits on the United States Court of Appeals for the Third Circuit and previously sat on the U.S. District Court for the District of New Jersey; , Patterson Belknap Of Counsel and former judicial clerk to Justice Marshall; Patterson Belknap Partner ; and Patterson Belknap Associate . Related Resources: For a selection of Justice...
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Season 2: Episode 6: 2020-2021 Supreme Court Term
Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg
In Season 2, Episode 6 of Notorious, we discuss the 2020-2021 Supreme Court Term and look back at specific cases and instances where Justice Ginsburg’s influence is still alive and well. Specifically, we discuss the cases, FDA v. American College of Obstetricians and Gynecologists, National Coalition for Men v. Selective Service System, Tanzin v. Tanvir, and Dobbs v. Jackson Women’s Health Organization.
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Season 2: Episode 5: A Discussion of Ricci v. DeStefano
Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg
In Season 2, Episode 5 of Notorious, we discuss the case of Ricci v. DeStefano, which involved the question of whether the city of New Haven, Connecticut violated the Equal Protection Clause of the Fourteenth Amendment and Title VII of the Civil Rights Act when it rejected the results of a civil service exam given to firefighters. The results of the exam showed that white candidates had out-performed minority candidates and the question was raised as to whether the exam was discriminatory.
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Season 2: Episode 4: A Discussion of Adarand Construction v. Pena
Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg
In Season 2, Episode 4 of Notorious, we discuss the case of Adarand Construction v. Pena, which involved whether a federal statute, which provided for favor treatment to a suspect class to remedy past discrimination, violated the Equal Protection Clause as embodied in the Fifth Amendment.
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Season 2: Episode 3: A Discussion of Grutter v. Bollinger
Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg
In Season 2, Episode 3 of Notorious, we discuss the case of Grutter v. Bollinger, which involved the question of whether a law school admissions policy that considered race as a factor in admissions violated the Equal Protection Clause of the Fourteenth Amendment or Title VII of the Civil Rights Act of 1964.
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Season 2: Episode 2: A Discussion of Gonzales v. Carhart
Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg
In Season 2, Episode 2 of Notorious, we discuss the case of Gonzales v. Carhart, which involved the Supreme Court’s consideration of the constitutionality of The Partial-Birth Abortion Ban Act of 2003 (“the Act”). In 2003, Congress passed and President Bush signed the Act into law. Dr. LeRoy Carhart and other physicians, who performed late term abortions, sued to stop the Act from going into effect. A federal district court agreed and ruled the Act unconstitutional.
info_outlineFeaturing Guest Speaker, Professor Rick Hasen of the University of California, Irvine.
In Episode 10 of Notorious, we discussed the case of Bush v. Gore, which involved one of the closest presidential elections in United States history at that time. This case concerned the 2000 presidential election between George W. Bush and Al Gore. After Gore won the popular vote, the election’s outcome was contingent upon Florida and its twenty-five electoral votes. After Gore requested a recount of votes, the Florida Supreme Court held that the recount procedures were constitutional.
In a per curium opinion, the United States Supreme Court reversed the Florida Supreme Court, holding that the scheme for recounting ballots was unconstitutional. The Court found that even if the recount was fair in theory, it was unfair in practice because the factual record suggested that different standards were applied from ballot to ballot, precinct to precinct, and county to county. Therefore, the scheme violated the Equal Protection Clause of the Fourteenth Amendment. Thus, with this decision, Bush became the first president since Benjamin Harris in 1888 to lose the popular vote but win the general election.
Justices Ginsburg and Stevens (writing separately) argued that for reasons of federalism, the Florida Supreme Court's decision ought to be respected. This is one of the rare occasions where Justice Ginsburg rejected an Equal Protection Clause argument in one of her opinions.
Professor Rick Hasen, of the University of California, Irvine, joined by Patterson Belknap attorneys, Michelle Bufano and Alejandro Cruz, discuss this case and Justice Ginsburg’s unique take on federalism over the Equal Protection Clause.
Related Resources:
For a selection of Justice Ginsburg’s writings, see Decisions and Dissents of Justice Ruth Bader Ginsburg: A Selection, edited by Corey Brettschneider.
For more information about Patterson Belknap Webb & Tyler LLP, see www.pbwt.com.
For information about becoming a guest on Notorious, email Michelle Bufano.
For questions or more information about Notorious, email Jenni Dickson.
Also, check out the Patterson Belknap podcast, How to Build A Nation in 15 Weeks.
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