Episode 32: Neal Katyal’s Life in the Law, Part 2

August 12, 2021

We continue our discussion with Neal Katyal, this time with a look at the Supreme Court term just passed, and some of the major cases coming up.

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Neal Katyal, now at the peak of the Supreme Court bar, reviews many of the big issues the Supreme Court will face in the new term, as well as some just past. Abortion, affirmative action, and cases involving a tension between legitimate governmental action and religious organizations are all discussed from the unique perspective of this remarkable litigator, professor, author, and television commentator.

Show Notes:

Fulton v. City of Philadelphia (2021)

Fulton v. City of Philadelphia, a 2021 case argued by Neal Katyal on behalf of Philadelphia, was an important case, particularly in the eyes of those who would overturn Employment Division, Department of Human Resources of Oregon v. Smith.  Though Philadelphia lost this case, Smith survives in perhaps an example of “losing well” – but perhaps not.

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Employment Division, Department of Human Resources of Oregon v. Smith (1989)

Employment Division v. Smith features an important decision by the late Justice Scalia which is currently under fire from conservatives, interestingly enough.  The 2021 Fulton case sees Smith stressed but still standing, as Neal Katyal discusses in this week’s podcast.

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