Texas Public Policy Foundation

Rightly Decided

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.

Author

Texas Public Policy Foundation

Category

Government

Latest episode

Jul 8, 2026

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Episodes

SCOTUS Rules on Birthright Citizenship & the 14th Amendment 08.07.2026

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...

Humphrey’s Executor Gets Slaughtered: Trump v. Slaughter & Trump v. Cook 30.06.2026

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...

Judicial Courage – An Interview with Justice James Sullivan 24.06.2026

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 take...

Machine Guns and Bootleggers 17.06.2026

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,...

Catching up with SCOTUS: Commerce, Preservation, and Calling the FCC's Bluff 11.06.2026

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 case...

From Callais to Chaos: The New Redistricting Wars 04.06.2026

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. W...

$440 Million Cruise Ship Showdown + Supreme Court DIGs Death Penalty Case 28.05.2026

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 impro...

Still Standing? Mifepristone Lights Up the Shadow Docket 20.05.2026

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 actua...

Damocles' Donor List & Racial Gerrymander Mayhem 06.05.2026

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 hea...

Written in Stone: Stare Decisis and the 10 Commandments 29.04.2026

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...

Defending Justice Thomas and Demystifying the “Shadow Docket” 22.04.2026

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 Death Star Comes to Dallas 15.04.2026

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 law...

Qualified Immunity 101 - Villareal v. Alaniz 08.04.2026

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...

Permission to Speak Freely? 01.04.2026

The Supreme Court just reminded the government of a basic rule it keeps forgetting: the First Amendment doesn’t disappear just because the speaker has a professional license. In a massive 8-1 victory for the First Amendment, the Supreme Court just ruled in Chiles v. Salazar that "talk therapy" is protected speech—full stop. Colorado tried to claim they were just regulating a "medical procedure," b...

The Preacher’s Protest & Lemon Pound Cake: Olivier and Afroman 25.03.2026

Join the litigators for a full-blown First Amendment joyride. We’re bouncing from the marble steps of the Supreme Court to the delightfully chaotic music videos of rap icon Afroman. And yes, there will be lemon pound cake. We dive into the unanimous SCOTUS ruling in Olivier v. City of Brandon , which revitalizes your right to sue the government even with a prior conviction. Then, we pivot to the $...

In Case of Emergency: A Criminal Law Roundup 18.03.2026

Join the litigators of TPPF's Center for the American Future as we dive deep into the roots of law enforcement’s ability to enter a home without a warrant. We break down the Supreme Court’s unanimous ruling in Case v. Montana , which allows police to cross your threshold without a warrant—or even probable cause—during a welfare check. Is this a necessary safety net, or has the Court created a mass...

Transitioning, Substantive Due Process, and the Supreme Court 11.03.2026

What happens when California school policies, the Fourteenth Amendment, and the Supreme Court’s mysterious "Shadow Docket" collide? TPPF's Vice President of Policy, Andrew Brown, joins us to unpack the procedural rollercoaster of Mirabelli v. Bonta. We dig into a California rule that requires teachers to hide a child’s social transition from parents, and why the Supreme Court hit pause on the rule...

Bull's Ghost and the Natural Law Revival 04.03.2026

This week, we’re dissecting the 2026 Supreme Court’s obsession with 1798. If you think Calder v. Bull was just a dusty 1L memory about a probate dispute, think again. If Justice Thomas is reading the tea leaves, revisiting ancient history may be the future of the bench. From the basics of ex post facto to the allegedly modern right to actually speak in your own defense, we’re tracing the line from...

Major Questions or Major Exceptions? The Supreme Court's Tariffs Decision 25.02.2026

Join the litigators of the Texas Public Policy Foundation for the premiere of Rightly Decided as we dissect why the Supreme Court ruled that the president cannot use the IEEPA to unilaterally impose tariffs. We explore the use of the major questions doctrine and discuss the different approaches each justice on the Court takes—all while acknowledging the Nondelegation Doctrine lurking in the shadow...

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