GovernmentNewsNews Commentary

Rightly Decided

Texas Public Policy Foundation

Rightly Decided is a legal podcast from the Texas Public Policy Foundation's Center for the American Future, whose attorneys defend the Constitution through legal opposition to government overreach.

Play

Open in

20 episodes
weekly
Avg 47 min
English

Episodes 20

Newest Oldest Longest

All20 Unplayed20 In progress0 Played0

S1 · E26
Wednesday · 51 min
Judicial Humility: An Interview with Judge Kevin Yeary
In this special off-season episode of Rightly Decided, Laura Beth Latimer and Chance Weldon sit down with Judge Kevin Yeary of the Texas Court of Criminal Appeals. Stepping away from standard case breakdowns, the team dives straight into the philosophy, career, and guiding principles of a judge sitting on Texas's highest criminal court. From his unexpected shift from civil trial law to his nearly 12-year tenure on the bench, Judge Yeary explains exactly how he approaches the separation of powers and why he believes the judicial branch must stay in its lane. In This Episode: "Opinions Are Not Law": Judge Yeary breaks down his foundational principle that only the legislature makes law, whereas judicial opinions merely establish subordinate "rules of decision." Separation of Powers & Originalism: A discussion on why judges must resist the cultural evolution of words and stick to the original public meaning of a statute. Dusty Dictionaries: How the court utilizes historical dictionaries from the State Law Library to accurately interpret older legal texts. The Power of the Dissent: A look at Justice Thomas's concurrence in Gamble v. United States, Judge Yeary’s dissents, and why writing side opinions is crucial for correcting the law. The Inquisitorial Judge: Why the bench shouldn't blindly rubber-stamp plea deals or "friendly judgments" just because the adversarial parties agree. The "Deer Case": A wild Texas war story involving a prized Hill Country Village buck, a butcher knife, and a massive legal fight over seized property. Subscribe on Apple: https://podcasts.apple.com/podcast/rightly-decided/id1880106579 Subscribe on Spotify: https://open.spotify.com/show/26BwaBrD9pEOvfzi906sCe The Center for the American Future defends the Constitution through legal opposition to government overreach. The Center launches legal challenges at the administrative, district, and appellate court levels on behalf of ordinary people whose lives, liberty, and property are threatened by government action in defiance of the Constitution. Website: https://texaspolicy.com/initiatives/center-for-the-american-future X: https://twitter.com/LitigateLiberty
S1 · E25
August 19 · 49 min
Geofencing, Flappy Bird, and the 4th Amendment
Can the government use a geofence warrant to track every cell phone near a crime scene without violating the Fourth Amendment? Welcome back to Rightly Decided, the mostly originalist takes of the litigators of the Texas Public Policy Foundation! In our season finale, Laura Beth Latimer, Chance Weldon, Nathan Seltzer, and Clayton Calvin break down the Supreme Court's major digital privacy ruling in Chatrie v. United States. The crew dives into a 2019 armed bank robbery where police used Google location history and an expansive "three-step" geofence warrant to identify their suspect. The team explores why the third-party doctrine threatens to swallow the Fourth Amendment in the digital age, breaks down Justice Gorsuch’s masterclass in property-based originalism, and engages in a fiery debate over whether the Supreme Court issued an unconstitutional "advisory opinion." Plus, Laura Beth shares an exciting personal announcement and an update on what's next for the show! Chapters: 0:00 - Season Finale & Bank Robbery Lore: Wrapping up the October 2025 SCOTUS term and breaking down a classic, movie-style $195,000 heist. 3:30 - How Geofence Warrants Work: Google location history, cloud data vs. on-device storage, and how police used a three-step warrant to unmask 19 devices. 6:50 - The Exclusionary Rule & Good Faith: Why immunity doctrines prevent citizens from suing officers directly, leaving judges to invent the exclusionary rule. 10:45 - The Third-Party Doctrine Trap: Looking back at Katz, Carpenter, and why clicking "I Agree" on an app shouldn't let the government search your entire digital life. 17:15 - Three-Step Warrants: Justice Jackson and Justice Sotomayor explain why leaving particularization to an officer's discretion fails Fourth Amendment scrutiny. 19:50 - Justice Gorsuch’s Originalist Masterclass: Why "reasonable expectations of privacy" is made-up vibes—and why digital location data constitutes your private "papers and effects." 27:10 - The Advisory Opinion Fight: Chance and Nathan go head-to-head over Article III jurisdiction, redressability, and limited grants of cert. 37:50 - Scorecard & Show Updates: The final 6-3 ruling, Laura Beth's big announcement, and what to expect during the off-season! The Texas Public Policy Foundation’s mission is to promote and defend liberty, personal responsibility, and free enterprise in Texas and the nation by educating and affecting policymakers and the Texas public policy debate with academically sound research and outreach. Funded by thousands of individuals, foundations, and corporations, the Foundation does not accept government funds or contributions to influence the outcomes of its research. The public is demanding a different direction for their government, and the Texas Public Policy Foundation is providing the ideas that enable policymakers to chart that new course. Website: https://texaspolicy.com X: https://twitter.com/tppf Facebook: https://facebook.com/texaspolicy Instagram: https://instagram.com/texaspolicy LinkedIn: https://linkedin.com/company/texas-public-policy-foundation/
S1 · E24
August 13 · 47 min
Pirates, Cessnas, & Civil Asset Forfeiture feat. Dr. Derek Cohen
Did you know that modern civil asset forfeiture laws originated from the seizure of 18th-century pirate ships? Welcome back to Rightly Decided, the mostly originalist takes of the litigators of the Texas Public Policy Foundation! This week, Laura Beth Latimer and Chance Weldon break their usual rule against discussing policy to welcome a special guest: Dr. Derek Cohen, TPPF's Chief Policy and Research Officer. If you want to know how Texas polices its judges, why the government can legally seize your property without a criminal conviction, and how think tanks turn ideas into law—this episode is for you! 0:00 - Intro & Harambe Lore: Welcoming Dr. Derek Cohen to the podcast (and clearing up some Cincinnati Zoo rumors). 2:40 - Judging the Judges: Dr. Cohen explains his role as Secretary of the State Commission on Judicial Conduct. Learn how Texas oversees its elected judges, handles judicial misconduct, and enforces strict rules on partisan campaigning. 11:10 - The Problem with Civil Asset Forfeiture: Breaking down how law enforcement can seize private property using a lower "preponderance of the evidence" standard, often without ever convicting the owner of a crime. 15:35 - The 8th Amendment & Timbs v. Indiana: How the Supreme Court is using the 14th Amendment's incorporation doctrine to protect citizens from excessive fines. 22:45 - Pirate Ships & Legal Fictions: Chance Weldon gives a fascinating originalist history lesson on how suing abandoned pirate ships evolved into modern civil forfeiture. 34:20 - Seizing a Plane for a 6-Pack of Beer? Discussing a pending Alaskan case where a bush pilot had his Cessna seized because a passenger brought beer into a dry municipality. 39:50 - How Policy Becomes Law: An inside look at TPPF's legislative strategy, the grueling internal "Policy Council" gauntlet, and why verifiable research dictates advocacy at the Texas Capitol.
S1 · E23
August 5 · 51 min
When the Government Sells Your Stuff and Keeps the Change
TPPF's Laura Beth Latimer, Nathan Seltzer, Clayton Calvin, and Chance Weldon get fired up over property rights and home equity theft. The team looks deep into the world of tax sales, breaking down how local governments have been seizing properties for minor tax debts and pocketing the excess equity. The discussion covers two major Supreme Court cases: the landmark 2023 case Tyler v. Hennepin County and the recent follow-up, Pung v. Isabella County. Along the way, they discuss originalism, the Magna Carta, William Blackstone, and why property rights deserve the exact same constitutional respect as the First and Second Amendments. In this episode: — Tyler v. Hennepin County: The court unanimously ruled against a Minnesota county that seized a 94-year-old woman's condo over $15,000 in taxes and fees, only to sell it for $40,000 and keep the $25,000 windfall. — Pung v. Isabella County: A look at a 16-year legal nightmare where a Michigan family lost their home over a $2,200 tax bill that state administrative courts had repeatedly ruled they did not even owe. — Just Compensation: The complicated Supreme Court debate over whether "just compensation" under the Fifth Amendment means pre-foreclosure fair market value (appraised at $194,000) or the depressed auction price ($76,000). — Justice Thomas's Concurrence: A breakdown of Justice Thomas's argument, relying on founding-era history, that property is a natural, fundamental right and the government exists to protect it—not the other way around.
S1 · E22
July 29 · 44 min
Election Day & Campaign Cash
TPPF litigators Laura Beth Latimer, Chance Weldon, Nathan Seltzer, and Clayton Calvin are wrapping up some of the final Supreme Court drops of the session with an analysis of two major election cases. First, the team wades into a fascinating statutory interpretation battle in Watson v. Republican National Committee. What does the word "elect" actually mean, and does Election Day end when a ballot is postmarked or when it is received by the government? Then, the crew battles a labyrinth of federal acronyms to break down NRSC v. FEC, a major First Amendment case that asks whether the government can limit how much a political party coordinates spending with its own candidates. Grab your dictionaries and prepare for a passionate rant on why money actually is speech—it’s an alphabet soup of campaign finance, preemption, and "YOLO textualism"! In this episode: Watson v. RNC (5-4): An unusual cross-ideological majority (Barrett, Roberts, Sotomayor, Kagan, and Jackson) decides whether federal law preempts a Mississippi statute allowing mail-in ballots to be counted up to five days after Election Day. We discuss the difference between casting and receiving a vote and whether pragmatism should ever override textualism. NRSC v. FEC (6-3): Do limits on a political party's coordinated campaign expenditures violate the First Amendment? We break down the realities of campaign finance, quid pro quo corruption vs. prophylactic rules, and why buying poster board for a picket sign proves that money is, in fact, speech. The "Tiers of Scrutiny" Drum: Chance beats his favorite drum against arbitrary balancing tests, explaining why "closely drawn review" is just a policy-based word salad that ignores the original meaning of the First Amendment. The Alphabet Soup of Federal Law: Why the NRSC, FEC, FECA, and UOCAVA prove that we desperately need to stop using acronyms in legal briefs.
S1 · E21
July 22 · 55 min
Culture Wars & The Spending Clause
TPPF litigators Laura Beth Latimer, Clayton Calvin, Nathan Seltzer, and Chance Weldon play catch-up on the Supreme Court docket, tackling two major "culture war" cases. But don't worry, constitutional nerds—the team balances out the cultural heat with a massive, juicy deep dive into the Spending Clause (which, as Nathan helpfully reminds us, doesn't actually exist in the Constitution). The crew breaks down Landor v. Louisiana Department of Corrections, an unbelievable religious liberty case that hinges entirely on agency law, and West Virginia v. B.P.J., the highly anticipated Title IX and Equal Protection clash over transgender athletes in school sports. Grab your highlighters and pocket Constitutions—this one is a masterclass in statutory interpretation, tiers of scrutiny, and why the Supreme Court decides legal questions, not just cases. In this episode: The Spending Clause "Contract": Why federal funding acts more like a simple contract than a blank check for Congress to regulate conduct, and how that core philosophy drove the conservative majority in both of today’s cases. Landor v. LDOC (6-3): A Louisiana prisoner had his dreadlocks shaved by guards even as he physically handed them a 5th Circuit opinion protecting his rights. We discuss why RLUIPA (Religious Land Use and Institutionalized Persons Act) doesn't allow him to sue those officers for damages, exploring the downstream consequences of Employment Division v. Smith and basic agency law. West Virginia v. B.P.J. (Title IX - 9-0): The court unanimously agrees that Title IX permits schools to maintain separate boys and girls sports teams based on biological sex, adhering to the statute's 1975 original public meaning. We also break down why Justice Gorsuch's famous Bostock opinion doesn't apply here. West Virginia v. B.P.J. (Equal Protection - 6-3): We unpack "quasi-suspect classes" and intermediate scrutiny. Does a state law separating sports by biological sex constitute arbitrary discrimination? The conservatives say no; the liberals want more facts.
S1 · E20
July 15 · 58 min
Guns and Drugs: Supreme Court Puts the 2nd Amendment to Work
Laura Beth Latimer, Chance Weldon, Nathan Seltzer, and Clayton Calvin are unpacking the final drops of the Supreme Court's October 2025 session. The team is zeroing in on two landmark Second Amendment decisions: United States v. Hemani (the "guns and drugs" case) and Wolford v. Lopez (the Hawaii guns case). Before diving into the heavy constitutional lifting, the crew geeks out over some breaking SCOTUS lore: the official rebranding of the notorious "Shadow Docket." From there, the team breaks down the Bruen test, exploring why constitutional text and historical traditions are treated a lot like 1930s poultry contracts (seriously, it makes sense when you hear it). In this episode: — The Shadow Docket is Dead: Why the Supreme Court is officially pivoting to the highly neutral "Interim Docket" (and why Nathan is having a hard time adjusting). — United States v. Hemani (9-0): We break down 42 USC 922(g)(3) and whether the government can disarm occasional users of controlled substances. We discuss the historical "habitual drunkard" laws, Alito's pragmatism, and Justice Thomas’s spicy Commerce Clause concurrence. — Wolford v. Lopez (6-3): Hawaii tried to flip the default rules for carrying firearms on private property open to the public. We discuss property rights versus gun rights, Justice Barrett's brilliant First Amendment hijab analogy, and why post-Civil War "Black Codes" are completely invalid historical analogs. — Originalism in Action: A masterclass in the Bruen test, the flaws of "means-end scrutiny," and how the court uses text, history, and tradition to interpret the Constitution.
S1 · E19
July 8 · 1 hr 3 min
SCOTUS Rules on Birthright Citizenship & the 14th Amendment
Welcome to Rightly Decided, where the litigators of the Texas Public Policy Foundation bring you mostly originalist takes and zero media hysteria. In this episode, Laura Beth Latimer is joined by Nathan Seltzer, Clayton Calvin, and Litigation Director Chance Weldon to cut through the noise on the massive end-of-term SCOTUS drop: Trump v. Barbara. It's time for a legal play-by-play of the 5-4 (or 6-3, or 7-2...it's complicated) ruling affirming birthright citizenship for the children of illegal immigrants and temporary visitors. We leave the policy preferences at the door and dive straight into the text, the history, and the court's six separate opinions. In this episode: The Majority (Chief Justice Roberts): An originalist defense relying on English common law, the Civil Rights Act of 1866, and the heavyweight precedent of Wong Kim Ark. The Concurrences: Justice Jackson’s historical lens on Black citizenship, plus Justice Kavanaugh’s argument that the Court could have bypassed the Constitution entirely and just used the 1952 Immigration Act. The Dissents (Thomas, Gorsuch, Alito): A deep dive into the "domicile" test, the meaning of "subject to the jurisdiction thereof," and Alito's spicy pushback on American consent versus British subjecthood. Plus, we flag a major tactical warning on the decline of facial challenges. Whether you're celebrating or seething over the outcome, put down the Twitter hot takes and join us to take a look at what the Court actually said.
S1 · E18
June 30 · 56 min
Humphrey’s Executor Gets Slaughtered: Trump v. Slaughter & Trump v. Cook
A major morning drop at the Supreme Court completely reshaped the landscape of administrative law and the unitary executive theory. In this episode of Rightly Decided, Laura Beth Latimer is joined by Nathan Seltzer and Clayton Calvin to break down two blockbuster, newly released opinions: Trump v. Slaughter and Trump v. Cook. Are independent agencies officially a thing of the past, or has SCOTUS carved out a permanent "headless fourth branch" for the Federal Reserve? Tune in for a comprehensive, originalist breakdown of how these rulings affect democratic accountability and the balance of power between Congress and the Executive. Trump v. Slaughter (6-3): The Supreme Court officially overrules the 1935 Humphrey’s Executor precedent. Chief Justice Roberts, writing for the majority, holds that the Federal Trade Commission's (FTC) "for-cause" removal protections violate the Vesting Clause of Article II, restoring the president's unilateral authority to fire independent agency board members. We discuss the historical context—from the Decision of 1789 to James Wilson's views on executive unity—and what Justice Gorsuch’s powerful concurrence signals for the future of the non-delegation doctrine. Trump v. Cook (5-4): In a surprising shift via the shadow docket, Chief Justice Roberts and Justice Kavanaugh cross over to side with the liberal bloc, ruling that the president cannot immediately remove Federal Reserve Governor Lisa Cook. Why did the court handle the Fed differently than the FTC? We unpack the critical roles of party presentation, historical national bank precedents (McCulloch v. Maryland), and the statutory procedural due process issues that triggered Justice Thomas’s solo dissent.
S1 · E17
June 24 · 47 min
Judicial Courage – An Interview with Justice James Sullivan
What happens when a Texas Supreme Court Justice walks into a podcast studio? You get an episode packed with everything from Monsters, Inc. jokes to hardcore constitutional theory. Hosts Laura Beth Latimer and Clayton Calvin are joined by Justice James P. Sullivan (aka "Judge Sully") of the Texas Supreme Court to talk life, law, why judicial opinions don’t have to be a snooze fest, and what it takes to display judicial courage – even when it means risking an election. Also in this episode: The "Judge Sully" Origin Story: How a college football injury (and hitting Drew Brees in practice) accidentally created a Texas Supreme Court Justice. Old School Process: Why he prefers printing hard copies and "drawing mustaches in the margins" over relying on the cloud. Pop Culture & The Law: Why he channels his inner Antonin Scalia to inject wit, zingers, and The Big Lebowski context into legal writing. The Ultimate Law Nerd Debate: Breaking down the real difference between Textualism and "Bloodthirsty Originalism." The Lightning Round: Why he’d keep the even-numbered Bill of Rights amendments, his favorite pre-1950 Justice, and his definitive (originalist) Star Wars take.
S1 · E16
June 17 · 43 min
Machine Guns and Bootleggers
In this episode of Rightly Decided, the litigators from the Texas Public Policy Foundation’s Center for the American Future begin by breaking down a major Fifth Circuit victory that struck down an 1869 federal ban on home distilling of spirits. They analyze the McNutt and Hobby Distillers Association v. U.S. Department of Justice case, dissecting standing doctrine, the limits of the taxing power, and the Necessary and Proper Clause’s role in preserving federalism. They also highlight their litigation targeting the Hughes Amendment’s ban on post-1986 machine guns (Temple Gun Club v. Blanche), and the FinCEN case (Corley v. U.S. Dep’t of the Treasury) involving Treasury rules on residential real estate transfers.
S1 · E15
June 11 · 48 min
Catching up with SCOTUS: Commerce, Preservation, and Calling the FCC's Bluff
In this episode of Rightly Decided, the litigators from the Texas Public Policy Foundation return to the hallowed (and slightly dusty) halls of the Supreme Court. Fresh off getting sworn into the SCOTUS bar, Clayton Calvin gives us a behind-the-scenes look at drop days in June and what it’s really like to watch the justices read from the bench. Then, the team unpacks a trio of fascinating cases that touch everything from delivery vans to death penalty appeals: The "Last Mile" Loophole: How a Gorsuch-authored, unanimous decision in Flower Foods impacts interstate commerce, delivery drivers, and why originalists aren't crying into their pillows over it. The Magic Words of Jury Selection: A deep dive into Pitchford v. Cain and the messy reality of trial law. What happens when a judge cuts off a Batson challenge? How far does an attorney have to go to preserve a constitutional claim without completely infuriating the bench? The FCC's Empty Threats: An 8-1 breakdown of FCC v. AT&T. The government completely rewrites its own playbook on the fly, leading Chief Justice Roberts to send an emphatic message to agencies about how they interpret their rules. Key Takeaways From the Episode The Wickard Distinction: Why the Flower Foods case is a traditional application of interstate commerce routing rather than an aggressive expansion of the substantial effects test. The Debate Over Party Presentation: Chance and Laura Beth lock horns (amicably) on Article 3, footnotes, and how much a judge should rely strictly on the arguments framed by the litigants. An Invitation to Ignore: Why the Supreme Court's ruling on the FCC's non-self-enforcing penalties might just incentivize companies to start tossing administrative "orders" straight into the recycling bin. Enjoying our mostly originalist takes? Leave us a review, drop a comment, and don't forget to subscribe for more breakdown of the nation's biggest legal battles.
S1 · E14
June 4 · 30 min
From Callais to Chaos: The New Redistricting Wars
TPPF's National Election Protection Project Director Josh Findlay provides a timely deep dive into the seismic changes in redistricting following the Supreme Court’s decision in Louisiana v. Callais. Josh, a veteran election lawyer who served as the RNC’s first National Director of Election Integrity, breaks down how Section 2 of the Voting Rights Act has shaped congressional maps for decades. We explore the shift away from race-based districting as the predominant factor, the practical fallout in states like Louisiana, Alabama, South Carolina, Tennessee, and Georgia, and the controversial push for mid-decade redistricting. We also get into the Purcell principle, the tension between race and partisan considerations in map-drawing, standing and mootness issues in election litigation, and what the post-Callais landscape means for the 2026 and 2028 election cycles. With up to 70 congressional seats potentially in play, this episode offers critical insight into the new frontier of election integrity battles.
S1 · E13
May 28 · 46 min
$440 Million Cruise Ship Showdown + Supreme Court DIGs Death Penalty Case
What happens when cruise lines dock at “stolen” Cuban property? In Havana Docks v. Royal Caribbean, the Supreme Court ruled 8-1 that using confiscated Havana docks triggers massive liability under the LIBERTAD Act — even after the original property interest expired. Justice Thomas’s majority opinion drops a history lesson from 1905 to the Cuban Revolution. Plus: The Court DIGs (dismisses as improvidently granted) the Hamm v. Smith death penalty case after 23 relists — a messy Atkins v. Virginia intellectual disability fight with borderline IQ scores. And a quick hit on states suing states: Florida & Texas vs. California on driver’s licenses and Justice Thomas’s fiery original jurisdiction dissent. Originalist takes on property rights, cruel and unusual punishment, and why the Court sometimes says “never mind.”
S1 · E12
May 20 · 39 min
Still Standing? Mifepristone Lights Up the Shadow Docket
When the FDA openly admits it skipped its own procedural rules to fast-track the Biden administration’s post-Dobbs agenda, who exactly has the right to drag them into court over it? This week on Rightly Decided, Laura Beth Latimer, Nathan Seltzer, and Chance Weldon bypass the cultural hair-on-fire reporting surrounding the mifepristone litigation (Danco v. Louisiana) to talk about what’s actually keeping appellate lawyers awake at night: Article III standing. We’re tracing the legal gymnastics of standing—from the controversial "special solicitude" granted to states in 2007’s Massachusetts v. EPA, all the way to Louisiana's current attempt to force the federal government to enforce the law. What we’re covering: The 10,000-Foot View: How the Biden Administration's post-Dobbs push to "pull every lever" led to bypassing the Administrative Procedure Act (APA) and FDA patient safety protocols. The Standing Problem: Why an emergency room doctor doesn't have the standing to sue the FDA, but Louisiana thinks it does. Shadow Docket Chaos: What a "stay of a stay" actually means on the ground for drug manufacturers and state laws. The Dissents: Why Justice Alito wanted to hit the brakes, and Justice Thomas’s one-page mic-drop invoking the Comstock Act to point out a problem of criminal proportions. If you want to understand the actual mechanics of how the administrative state gets challenged in federal court, let’s get into it.
S1 · E11
May 6 · 51 min
Damocles' Donor List & Racial Gerrymander Mayhem
This week, the crew wades into two fresh-from-the-Court opinions (with a healthy dose of side-eye and sword-of-Damocles metaphors). First up: Can a pro-life pregnancy center sue in federal court when the New Jersey AG demands their donor list (First Choice Women’s Resource Centers, Inc. v. Davenport)? The Supreme Court delivers a unanimous, common-sense smackdown on standing that’ll warm the hearts of First Amendment (and standing) fans everywhere. Then it’s time for a deep dive into Louisiana’s Voting Rights Act showdown (Louisiana v. Callais). Expect spirited conversation about racial gerrymandering, partisan map-drawing, cracking and packing, constitutional avoidance, and why Section 2 of the VRA isn’t quite as simple as the media says it is.
S1 · E10
April 29 · 48 min
Written in Stone: Stare Decisis and the 10 Commandments
In a razor-thin 9-8 en banc decision, the Fifth Circuit upheld Texas’ law requiring the Ten Commandments to be posted in every public school classroom. Laura Beth Latimer is joined by Chance Weldon and Nathan Seltzer to break down Nathan v. Alamo Heights ISD. We discuss why the court held that Stone v. Graham no longer controls after the Supreme Court killed the Lemon test in Kennedy v. Bremerton, and what the new historical “hallmarks of establishment” test means going forward. We cover: — Vertical stare decisis and when lower courts can move past undermined precedent — The six historical hallmarks of religious establishment — Issues of coercion, compelled financial support, and compulsory school attendance — Offended-observer standing and the limits of Article III jurisdiction A sharp, originalist discussion on religion in public schools and the future of Establishment Clause jurisprudence—with a likely Supreme Court appeal ahead. What do you think—did the Fifth Circuit go too far, or get it right?
S1 · E9
April 22 · 50 min
Defending Justice Thomas and Demystifying the “Shadow Docket”
In this week’s episode, we begin with Justice Clarence Thomas’s recent address at the University of Texas, where he offered a glimpse into his judicial philosophy and the interaction between natural law and the Constitution. We take a little journey into the influence of progressivism and legal positivism, and discuss what’s on the horizon for the Supreme Court’s jurisprudence. Also, we pull back the curtain on the "Shadow Docket." While often criticized by the mainstream media as a "secret" tool, we explain the legal necessity of the emergency docket, how it actually functions, and why it remains a vital component of the Court’s ability to provide timely relief in urgent cases. In This Episode: — The Lion of the Court: Key takeaways from Justice Thomas’s UT speech and his "unyielding" approach to the Constitution. — A Breach of Tradition: Analyzing the legal and ethical implications of the recent SCOTUS leak. — Demystifying the Shadow Docket: The difference between the merits docket and the emergency docket, why the "shadow" moniker is a misnomer for standard procedural stays, and the impact of emergency rulings on national policy. — The Future of Judicial Integrity: How the conservative legal movement should respond to increasing pressure on the judiciary.
S1 · E8
April 15 · 20 min
The Death Star Comes to Dallas
It's Rightly Decided live from the 2026 Texas Policy Summit! The Texas Public Policy Foundation is on the front lines of the legal war over the Texas Regulatory Consistency Act (Texas House Bill 2127), better known as the "Death Star" Bill. Designed to eliminate the confusing patchwork of local regulations across Texas, the law has sparked intense opposition from major cities—and now, historic lawsuits from citizens themselves. We are joined by two key figures in this unfolding legal drama: — Haley Kyles: A Dallas resident and lead plaintiff in the first major citizen-led enforcement lawsuit under HB 2127. Haley discusses why she stepped forward as a client in the Death Star litigation to challenge dozens of Dallas ordinances that she argues are unconstitutionally preempted by state law. — Ben Crockett: A Policy Scholar at the Texas Public Policy Foundation and expert on local government issues. Ben breaks down the policy intent behind the bill, how it aims to protect small businesses, and the mechanics of its implementation. In this episode, we discuss: — How the law allows private citizens—not just the state—to sue their local governments for failing to repeal preempted rules. — What "Death Star" implementation looks like on the ground for taxpayers and property owners. — The future of local control in Texas and the legal precedents these lawsuits will set for the entire state.
S1 · E7
April 8 · 50 min
Qualified Immunity 101 - Villareal v. Alaniz
Does the Ku Klux Klan Act of 1871 (42 U.S.C. § 1983) still protect individuals from egregious constitutional violations—or has it been gutted by the doctrine of qualified immunity? In this episode of Rightly Decided, we take a close look at Villareal v. Alaniz, a case the Supreme Court declined to hear, and Justice Sonia Sotomayor’s sharp dissent from that denial. Our discussion unpacks qualified immunity from soup to nuts. We then turn to the Fifth Circuit’s application of qualified immunity and to Justice Sotomayor’s broader critique of how the doctrine operates in practice. We examine her argument that qualified immunity increasingly functions as a near-absolute bar to relief, even where constitutional violations are plausibly alleged, and consider what this means for civil rights enforcement, police accountability, and the rule of law. Along the way, we place Villareal in the Court’s larger qualified immunity jurisprudence, assess whether Sotomayor’s concerns are borne out in lower-court doctrine, and explore the implications of the Court’s continued reluctance to revisit or clarify the defense. Tune in for a rigorous, grounded conversation at the intersection of constitutional theory, civil procedure, and real-world effects.

Showing 1–20 of 20 episodes