Stories in this week's episode:

The radicalism of Clarence Thomas

UC Berkeley Law Dean Erwin Chemerinsky examines Thomas concurrences from last term arguing equal protection doesn't bind the federal government, Congress's commerce power is limited to cross-state transactions, and the Sixth Amendment provides no right to appointed counsel — positions that would overturn decades of settled constitutional law.

A jury is only as fair as who gets to sit

Retired Santa Clara Superior Court Judge Philip Pennypacker responds to coverage of Justice Goodwin Liu's jury bias jurisprudence, arguing perceived bias cannot justify  ...