Strict Scrutiny Podcast Summary
Episode: "Ghost Guns" are Guns (Duh)
Release Date: October 14, 2024
Hosts: Leah Litman, Kate Shaw, Melissa Murray
Producer: Crooked Media

Introduction

In this episode of Strict Scrutiny, hosts Leah Litman, Kate Shaw, and Melissa Murray delve into the intricate world of Supreme Court jurisprudence, focusing primarily on the contentious issue of "ghost guns" and their regulation. Throughout the discussion, the hosts explore recent Supreme Court decisions, ongoing legal battles, and the broader implications these rulings have on American legal culture and daily life.

Breaking News

1. Moyle Case and Abortion Rights

The hosts begin by revisiting the Moyle case, which centers on whether the Emergency Medical Treatment and Active Labor Act (EMTALA) prevents states from banning medically necessary abortions. Initially, the Supreme Court declined to decide the case, leading some media outlets to prematurely announce it as a victory for abortion rights. However, Strict Scrutiny clarifies that the Court's refusal to grant certiorari left the lower court's ruling in place, which favored Idaho's extreme abortion ban.

Notable Quote:
Leah Litman [03:33]: "Net neutrality dunno her."

The hosts discuss the recent development where a similar case from Texas was brought before the Supreme Court. In an unsigned order, the Court allowed Texas to enforce its stringent abortion law, mirroring Idaho's stance and further complicating the landscape of abortion rights in states with severe restrictions.

Notable Quote:
Kate Shaw [05:31]: "Shame on them."

2. Alabama's Wrongful Death Statute and Fertilized Embryos

Another significant development discussed is the Supreme Court's denial of certiorari in a case challenging Alabama’s classification of fertilized embryos as "extrauterine children" under the state's wrongful death statute. This decision underscores the Court's reluctance to intervene in state-specific personhood laws, despite widespread concerns about fetal rights.

Notable Quote:
Melissa Murray [08:24]: "It's just dripping with disdain."

3. Jonathan Mitchell's Anti-Abortion Case

The podcast also covers an update on Jonathan Mitchell's case, where an ex-husband sued individuals he alleged assisted in procuring a medication abortion for his wife. The case was dismissed after the court refused to compel the production of evidence, raising alarming questions about the potential resurgence of outdated laws like the Comstock Act being used to target abortion providers.

Notable Quote:
Melissa Murray [10:47]: "That case was also really fetal Personhood curious as well."

4. FBI Investigation into Brett Kavanaugh's Allegations

A critical examination is made of a new report released by Senator Sheldon Whitehouse, which alleges that the FBI's supplemental investigation into Brett Kavanaugh's sexual assault accusations was fundamentally flawed. The report claims that the FBI, under the Trump administration, failed to thoroughly investigate key witnesses, leading to insufficient evidence to corroborate Dr. Christine Blasey Ford's claims.

Notable Quote:
Melissa Murray [12:30]: "And yep, despite all of those deficiencies, multiple senators cited the investigations failure to produce corroborating evidence of sexual assault as a reason that they could comfortably vote for Brett Kavanaugh."

Supreme Court Case Recaps

1. Williams vs. Washington: Federal Civil Rights Claims in State Courts [17:50]

Williams vs. Washington addresses whether plaintiffs must exhaust state administrative remedies before filing federal civil rights claims under Section 1983 in state courts. The Supreme Court reaffirmed previous rulings that such exhaustion is not required, reinforcing the accessibility of federal civil rights protections regardless of state-level administrative processes.

Notable Quote:
Melissa Murray [18:16]: "There also didn't seem to be a whole lot of palpable warmth between the justices on the bench during this first oral argument of the term."

2. Glossop v. Oklahoma: Death Penalty and Prosecutorial Misconduct [34:50]

In Glossop v. Oklahoma, the Court examined whether prosecutors' elicitation of perjured testimony and failure to disclose exculpatory evidence warrant a new trial for a defendant facing the death penalty. The hosts express concern over the Court's handling of prosecutorial accountability, fearing that a majority may overlook constitutional violations in pursuit of maintaining the death penalty's integrity.

Notable Quote:
Leah Litman [36:48]: "The Supreme Court is literally deliberating over whether when prosecutors elicit perjured testimony, refuse to disclose exculpatory material, then admit their error, can state courts nonetheless force the state to execute a potentially innocent person?"

3. Garland vs. Van der Stock: Regulation of Ghost Guns [23:41]

The central focus of the episode is Garland vs. Van der Stock, a Supreme Court case scrutinizing the Bureau of Alcohol, Tobacco, Firearms and Explosives' (ATF) authority to regulate ghost guns—firearms assembled from kits without serial numbers. The hosts debate whether ghost guns fall under the statutory definition of firearms and the implications for gun control legislation.

Key Discussion Points:

• Solicitor General Prelogger's Argument: Comparing ghost gun kits to IKEA furniture flat packs, suggesting that disassembled items are not inherently classified as functional products until assembled.

  Notable Quote:
  Justice Kagan [27:51]: "So what level of expertise is taken into account?... Some of us who are not and don't have a lot of mechanical ability have spent hours and hours and hours trying to assemble things that we've purchased."

• Justice Alito's Counterargument: Emphasizing the intended use of components in ghost gun kits as instruments of combat, thereby categorizing them as firearms under existing law.

  Notable Quote:
  Justice Alito [28:24]: "The key difference here is that these weapon parts kits are designed and intended to be used as instruments of combat, and they have no other conceivable use."

The hosts express optimism that the Court may uphold ATF regulations on ghost guns, diverging from previous rulings like Garland vs. Cargill, which struck down ATF regulations on bump stocks.

Notable Quote:
Leah Litman [31:13]: "This statute literally defines firearms to include items that can readily be converted into firearms. And that is exactly what a ghost gun kit does."

Supreme Court Dynamics and Amicus Briefs

The episode delves into the influence of amicus briefs on Supreme Court decisions, particularly highlighting concerns over their role in shaping case outcomes without stringent checks on their factual accuracy.

Notable Quotes:
Leah Litman [43:20]: "It's such a terrific point, especially when you layer on, like, there are so few checks for amicus briefs."

Chief Justice [45:12]: "If you can file an amicus brief at the Supreme Court... get a, you know, good amicus brief, file it in the Supreme Court, and that is the most expeditious and efficacious way to actually change the law and to change policy."

Upcoming Cases and Closing Remarks

The hosts briefly touch upon upcoming Supreme Court cases, including a RICO (Racketeer Influenced and Corrupt Organizations Act) case, an immigration case, veterans' benefits, and an important environmental case involving the EPA and the City and County of San Francisco. They emphasize the ongoing influence of election-related litigation and its potential to shape post-election legal challenges.

Additionally, a correction is made regarding previous misinformation about raids on the Texas Civil Rights Project, clarifying that the organization was not subjected to such investigations.

Notable Quote:
Leah Litman [51:20]: "The Texas Civil Rights Project has not been raided and is not under investigation."

Conclusion

Strict Scrutiny wraps up with acknowledgments of production staff and encouragement for listeners to subscribe and review the podcast. The hosts reiterate the significance of staying informed about Supreme Court actions and their far-reaching impacts on American society.

Notable Throughout the Episode:

• Election Reminders: The hosts urge listeners to ensure they are registered to vote and to encourage their community to participate, emphasizing the critical influence of upcoming elections on Supreme Court decisions.

  Notable Quote:
  Leah Litman [01:25]: "We are less than one month out from the November election... make sure you are registered to vote."

• Humorous Interjections: The hosts maintain an irreverent tone, often interjecting humor and personal anecdotes to keep the analysis engaging.

Final Thoughts

This episode of Strict Scrutiny provides a thorough examination of pressing Supreme Court cases, particularly focusing on the regulation of ghost guns. The hosts balance detailed legal analysis with accessible commentary, making complex judicial decisions understandable and relevant to everyday life. By highlighting the interplay between federal laws, state regulations, and Supreme Court interpretations, the episode underscores the profound impact of judicial rulings on civil rights, reproductive rights, and gun control in the United States.