OT2017 #11: “Numbing Effect”

This week,we start withsome bad news and some good news. The bad news? The Supreme Courthas a mouse problem. The good news? Serial Supreme Court litigant FaneLozmanis onTwitter, and hes aFriend of the Show. We alsohave some follow-upaboutHargan v. Garza, the case about undocumented minors who want abortions. It turns out this situation is a lot more common than we appreciated, and we talk about why.

The Court handed downTharpe v. Sellerslast week, a death-penaltyhabeascase with a fairly shocking juror affidavit(to give you a sense: it both uses the n-word and invokes O.J. Simpson). So were joined by official First Mondays Habeas Wizard (and part-time host) Leah Litman to break it down and try to answer this question: How does a guy on death row get to 72 hours from being executed when hes got an affidavit from a juror admitting that race played a role in his getting the death penalty? Later, well discussMcCoy v. Louisiana, another death-penalty case, presenting a different unsettling question: Can a lawyer for the defendant in a murder case admit that the defendant committed the murder, even over the defendants express objection?

In terms of recaps, we talk aboutHusted v. A. Philip Randolph Institute.Hustedis an interesting case about the National Voter Registration Act of 1993,which both requiresstates to make reasonable efforts to take people off the voting rolls when theyve moved and forbids taking them off because they havent voted. Ohio uses non-voting as a reason to send people letters asking them to confirm that they havent moved; if they dont reply, and keep not voting, theyre taken off the lists. Legit? Listen and learn.

But thats not all! We discuss the solicitor generals cert petition inTrump v. Hawaii, aka the travel-ban case, the unusualpro peramicus argument coming up next week inDalmazzi v. United States, and more.

If youre enjoying the show, dont forget to follow us on Twitter. Were@isamuel,@danepps, and@LeahLitmanand our beloved producer is@MelodyRowell.You can alsocheck us out on Patreonfor exclusive content like bonus episodes, livestreams, and access to the Amici Slack.