Weird Islands

About this episode

It's the last opinion day of the term, and the big one landed: Trump v. Barbara, the birthright-citizenship case. We read the majority as the rare easy case and spend most of the episode on why the four dissents each end up somewhere different — and trying to figure out exactly where they actually land. Along the way: a bogus Nina Totenberg story, a Landor GVR that might quietly unsettle a chunk of Spending Clause criminal law, and whether the professors who defended the order deserve the "legal scholarship police." Highlights• [00:00:27] The bogus Nina Totenberg wire story that Justice Alito was retiring — "Fake news, Dan." • [00:02:03] The Justice Alito / Justice Sotomayor bench-dissent dust-up from the immigration hand-downs • [00:03:11] Last opinion day — 3 opinions, 4 cases; NRSC v. FEC and West Virginia v. B.P.J. / Little v. Hecox flagged for later • [00:05:27] A significant new grant teed up on possession of semi-automatic rifles (AR-15s) • [00:06:43] A GVR in light of Landor in a federal arson case, and the narrow-vs-broad theory of what a GVR means • [00:09:34] Whether Landor's narrowing of Sabri could upend a swath of Spending Clause federal criminal law • [