Monday Jul 01, 2024
Episode 72: Supreme Court Review June 2024: Jan 6th and the Chevron doctrine
January 6th obstruction charges (Fischer v. U.S.), homeless encampments, and the death of the Chevron doctrine. Grab a glass of wine and join our legal team as we discuss the Supreme Court's 2024 case decisions from the last week of June!
In Fischer v. United States, 602 U.S. ____ (2024), the Supreme Court reviewed the Sarbanes-Oxley Act of 2002, which criminalizes the obstruction of official proceedings. It held that 18 U.S.C. 1512(c)(2) permits prosecution, but only upon specific proof that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects, or other things used in an official proceeding. Our legal team breaks down this decision, including to whom it applies and whether Donald Trump can still be prosecuted under the Sarbanes-Oxley Act, and if so, how he could be found guilty.
In Loper Bright Enterprises, et al. v. Raimondo, Secretary of Commerce, et al., 602 U.S. ______ (2024), SCOTUS effectively ended the Chevron doctrine. Through this case, the Supreme Court held that courts must exercise independent judgment and authority when interpreting laws as they apply to federal agencies. Courts may no longer defer to federal agencies' interpretations of statutes, because the judicial branch interprets laws while the legislative branch writes laws and federal agencies follow laws.
Finally, we discuss the homeless encampment case of City of Grants Pass, Oregon v. Johnson, et al., 602 U.S. _____ (2024), through which SCOTUS held that generally applicable laws prohibiting homeless encampments on public property did not create "cruel and unusual punishment" through the natural penalties of removing homeless populations from public spaces.
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To learn more about attorneys Virginia Tehrani and Chelsey Rogers, check them out at: https://www.tehranilawllc.com/about-us/our-team/
To learn more about Dr. Vile and his amazing background and expertise in the American Constitution, along with a list of his publications about the Constitution, check him out at: https://www.mtsu.edu/honors/staff/vile.php
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LAW STUDENTS! Attorney Virginia Tehrani and former law student Chelsey Rogers (now attorney!) of The Law Unscripted team join up to provide supplemental Bar Examination and Law School study courses! These include outlines, lectures, discussions, and hypotheticals for the 8 core law school and bar examination subjects. You can purchase products a la carte, in bundles, or as a package on our website at www.thelawunscripted.com.
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Legal Disclaimer
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All commentary and opinions expressed in this podcast and video are solely for informational purposes and should not be taken as legal advice. Virginia Tehrani and Chelsey Rogers are excellent attorneys, but they are not your attorneys. Dr. John Vile is not an attorney and cannot provide legal advice. Nothing in this podcast and video create a legal or contractual relationship between any listener or viewer and the hosts of this show, Tehrani Law, LLC, or The Law Unscripted. If you need assistance with a legal problem, contact an experienced attorney in your local area. All stock images and graphics provided by WikiMedia Search Media royalty free and paid subscription to Wondershare Filmora Filmstock.
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