
1A The Supreme Court, Presidential Power, And Constitutional Precedent
Oct 7, 2025
This week features Kate Shaw, a law professor and co-host of the Strict Scrutiny podcast, alongside Zach Shimthob, executive editor of SCOTUSblog. They dive into the upcoming Supreme Court term, discussing hot-button issues like presidential removal power and its implications, tariffs, and transgender athlete bans. Kate raises concerns about the erosion of voting rights and agency independence, while Zach sheds light on the Court's increasing reliance on emergency rulings. Their insights highlight the potential shifts in constitutional precedent that lie ahead.
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Episode notes
Conversion Therapy Case Tests Professional Speech
- Colorado's ban on conversion therapy for minors raises a First Amendment clash over professional speech versus state medical regulation.
- The Supreme Court's ruling will affect many states with similar laws and could hinge on how it treats professional conduct limits.
Use 303 Creative To Anticipate Court Reasoning
- Recognize that First Amendment commercial-speech rulings like 303 Creative inform the therapist's challenge to Colorado's law.
- Watch for the court to apply 303 Creative's logic when deciding whether state regulation unconstitutionally restricts providers' speech.
Title IX And Bostock Will Shape Athlete Cases
- Title IX and the Bostock framework may shape the Court's review of bans on transgender athletes in school sports.
- How justices reconcile statutory sex-discrimination principles with recent precedent will be decisive in those cases.

