Civil Discourse

Aughie and Nia discuss the strange cases of government investigating evidence of drug use or illness in municipal wastewater systems.

Nia and Aughie start the new season with a salty discussion of what can legally appear on your license plate. This episode is in response to a case working its way through the Virginia legal system (and then possibly the Supreme Court), Whateley v. Lackey. 

Aughie and Nia finish this year's big Supreme Court rulings with three cases: Chatrie v United States, Monsanto Company v Durnell, and Landor v. Louisiana Department of Corrections and Public Safety. Chatrie centered on the use of geofencing warrants under the 4th Amendment. Monsanto argued that only the EPA could label its products cancer-causing, which the EPA has declined to do. Landor centered on immunity of guards to be individually sued for violating a prisoner's religious rights.

Aughie and Nia discuss the Supreme Court decisions in Watson v RNC, National Republican Senatorial Committee v Federal Election Commission and West Virginia v BJP combined with Little v Hecox.  In the first case, the Justices were asked to define "elections" in terms of mail in voting ballot acceptance. In the second, they addressed the national political parties coordinating spending with candidates. In the final two cases, combined into one decision, the Justices wrestled with questions surrounding allowing transgender female athletes to compete on women's teams.

Aughie and Nia discuss the Supreme Court opinions in Trump V Barbara, Trump v. Cook, and Trump V Slaughter. In Trump v Barbara, the justices were asked to decide whether Trump's Executive Order banning birthright citizenship was legal. In Trump v Cook, the Court decided whether Trump was allowed to fire a Federal Reserve Board Governor. In the final case of this episode, the Justices addressed whether Trump could fire a Federal Trade Commissioner.

Aughie and Nia discuss the opinions in Noes v Al Otro Lado, Mullin v Doe, and Cisco Systems v Doe. The first case allows the federal government to stop immigrants before arriving on American soil to ask for asylum. The second case allows the government to cancel Temporary Protection Status visas. The third case does not allow Cisco to be sued because the Chinese government used its software to locate and torture Chinese dissidents.

Nia and Aughie discuss the decisions in Wolford v Lopez, U.S. v Hemani, and Abouammo v United States. The first case related to state gun bans, the second to the right of habitual drug users to own a gun, and the third applied to cases being filed outside the jurisdiction in which they occurred.

Aughie and Nia discuss recent attacks, verbal and physical, on the U.S. Supreme Court.

While waiting for more opinions from the SCOTUS, Aughie and Nia talk about the Streisand Effect in politics.

 Aughie and Nia explore the importance of Batson challenges in jury trials. 

Aughie explains what happens to the personal papers of the Supreme Court Justices after they retire or pass away.

In the News, Aughie and Nia follow up on the post election results of the redistricting question in Virginia.

 In the News, Nia and Aughie discuss the stay of a lower court's decision by the Supreme Court affecting the mail ordering of the drug Mifepristone. 

Aughie and Nia explore the arguments before the US Supreme Court regarding President Trump's Birthright Citizenship Executive Order.

Aughie and Nia discuss the life and work of the leader of the Untouchables, Eliot Ness.

Aughie and Nia report on the case facts and outcome of the Ohio case Cooley v Foreman (AKA Afroman). 

Nia and Aughie explore the interesting life and service of Senator Elizabeth Dole.

Aughie and Nia recount the fascinating cases and legal troubles of famous lawyer and orator Clarence Darrow in part two of a two part series.

Nia and Aughie discuss the Roberts Court, years 2005 - present (2026). John Roberts has led the Supreme Court for 21 years, overseeing a move to the conservative right and many modern controversial opinions. Part 1 covers the youth and early career of John Roberts and the early years of the Roberts Court.

Aughie and Nia recount the childhood and early legal career of famous lawyer and orator Clarence Darrow in part one of a two part series.

Aughie and Nia explore the Rehnquist Court, years 1986 - 2005. William Rehnquist, an intelligent lawyer and solid administrator, presided over a court that was increasingly conservative and with almost 11 years of no turnover in justices.

Aughie and Nia explore the Burger Court, years 1969 - 1986. Chief Justice Warren Burger led the court through the end of the Vietnam War and into the tech boom of the 1980s. This transitional period takes us from a much more liberal time of the court into a more conservative era.

Aughie and Nia introduce listeners to the storied history of William Jennings Bryan, lawyer, orator, and perennial presidential candidate.

Nia and Aughie review the current gerrymandering efforts in Virginia and other states.

Aughie and Nia tell the story of Roy Olmstead, a bootlegger during the Prohibition  Era and eventual petitioner in the Olmstead v United States SCOTUS case. 

In this episode of Can He Do That?, Aughie and Nia discuss the written Constitution versus the Constitution in practice when it comes to presidential declarations of war.

Aughie and Nia discuss the Warren Court, years 1953 to 1969. Earl Warren oversaw the Court during a time of great social change in the United States. In this second episode of the Warren Court, Aughie goes over the landmark cases that show the progressive judicial philosophy of the Warren Court.

Nia and Aughie tell the story behind the Prohibition leader Caroline (Carrie) Amelia Moore Gloyd Nation. 

Aughie and Nia discuss the Warren Court, years 1953 to 1969. Earl Warren oversaw the Court during a time of great social change in the United States. In this first episode of the Warren Court, Aughie explains the background and leadership qualities of Earl Warren as a governor of California among other positions.

Aughie and Nia explore the life and career of Learned Hand (January 27, 1872 - August 18, 1961). Billings Learned Hand was an American jurist, lawyer, and judicial philosopher. He served as a federal appellate judge in the U.S. Court of Appeals for the Second Circuit from 1924 to 1961.

Aughie and Nia explore the Vinson Court, years 1946 - 1953. Fred M. Vinson saw the Court through the post war years and into the Cold War. The Court's decisions reflected the continuing ideological battle between judicial restraint and civil rights activism.

Nia and Aughie discuss John Foster Dulles (February 25, 1888 - May 24, 1959). Dulles was an American politician, lawyer, and diplomat who served as United States Secretary of State under President Dwight D. Eisenhower from 1953 until his resignation in 1959.

Aughie and Nia work through the ruling, concurrences, dissents, and implications of the U.S. Supreme Court's decisions in the Trump Tariff cases.

Aughie and Nia discuss the Stone Court, years 1941 - 1946.  Harlan Fiske Stone served first as an Associate Justice, and then as the Chief Justice, over a Court that issued several important war-time rulings.  Despite its ruling in the Korematsu case, Stone oversees a gradual warming to civil rights and liberties on the Court.

Nia and Aughie discuss Ernesto Miranda of Miranda v Arizona. Miranda's case brought about the Miranda Rights declarations that officers make when arresting an individual.

Aughie and Nia explore the Hughes Court, years 1930 - 1941. Charles Evans Hughes managed many personnel changes; he wrangled lots of strong personalities and widely divergent judicial philosophies in his time as Chief Justice. Hughes brought tremendous political skill to navigating this court in transition.

Aughie and Nia discuss Sam Ervin, a man of many contradictory positions and Chairman of the Watergate Hearings in the U.S. Senate.

Aughie and Nia explore the Taft Court, years 1921 - 1930. William Howard Taft is the only Chief Justice to have served as President of the United States. His court was conservative, leaning in the pro business direction in terms of striking down regulations of the economy. 

Nia and Aughie explain who Carrie Buck was, of the Supreme Court case Buck v Bell (1927). 

Aughie and Nia discuss the Whie Court, ears 1910 - 1921. Edward Douglass White was the first Associate Justice to be elevated to the position of Chief Justice. The White Court was slightly less conservative than the previous Fuller Court, choosing to favor regulations under the Commerce Clause and upholding the federal income tax.

Aughie and Nia explore some of the local and state government traditions of celebrating the holiday season.

Aughie and Nia discuss the Fuller Court, years 1888 - 1910. Melville Fuller was widely regarded as an adequate administrator but not a great intellectual. His court followed in the conservative steps of the Waite Court.

Aughie and Nia discuss the oral arguments before the US Supreme Court in consolidated cases Learning Resources, Inc v Trump and Trump v V.O.S. Selections. These cases argue that the Presidential imposition of tariffs is unconsitutional.

Nia and Aughie discuss the recent arguments before the US Supreme Court in the case Watson v The National Republican Party. This case questions whether states can allow counting of mail-in ballots after Election Day.

Nia and Aughie discuss the Morrison Waite Court, years 1874 - 1888. The Waite Court had the opportunity several times to further civil rights, but did not; the Court found the Civil Rights Act of 1875 unconstitutional, and followed with similar judgments.

Aughie and Nia summarize the results of the 2025 Virginia elections.