OA295: A Bladensburg Post-Mortem With Monica Miller

Published: July 9, 2019, 4:16 a.m.

Today's episode welcomes Monica Miller, counsel for the American Humanist Association, back to the show! Miller, as you know, was the lead counsel and presented the AHA's argument before the Supreme Court in the\xa0American Legion v. American Humanist Ass\u2019n\xa0case involving the 40-foot Latin cross on public property in Bladensburg, Maryland.

Andrew and Monica spend the entire show doing a deep dive into the decision, trying to figure out issues like (1) is the Lemon v. Kurtzman test really dead?; (2) how can we make sense of the court's admonition to "respect the beliefs" of those who oppose taking down the cross?; (3) how can local activists proceed in light of this decision, and much, much more!

After a wide-ranging interview, it's time for the answer to what Andrew has dubbed the Worst, Stupidest Bar Exam question -- this one involving the "equitable conversion" doctrine in the sale of land. Did Thomas somehow manage to get a crazy, stupid, awful real property question correct? Listen and find out!

Appearances

Andrew was just a guest host on Episode 100 of the Skepticrat; check it out! And if you\u2019d like to have either of us as a guest on your show (or at your live show!), drop us an email at\xa0openarguments@gmail.com.

Show Notes & Links

  1. Don\u2019t forget to\xa0vote for us in the Podcast Awards\xa0by clicking on that link (or heading to www.podcastawards.com), clicking the blue \u201c>> Nominations Now Open <<\u201d box, registering with your email, and then selecting us in the drop-down boxes for \u201cPeople\u2019s Choice\u201d and \u201cNews and Politics.\u201d Thank you!!
  2. We broke down the Bladensburg cross case in\xa0Episode 256, and interviewed Monica Miller after oral arguments in Episode 274; go check them both out!
  3. Finally, we broke down the details of the American Legion v. American Humanist Ass\u2019n\xa0decision\xa0in Episode 290.

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