Rightly Decided

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.

Creators and Guests

Host
Laura Beth Latimer
Laura Beth Latimer is an attorney at the Texas Public Policy Foundation's Center for the American Future. Before moving into public-interest work, she spent four years as a felony prosecutor in the Bell County District Attorney’s Office.
Guest
Chance Weldon
Chance Weldon is the Director of Litigation at the Texas Public Policy Foundation's Center for the American Future.
Guest
Clayton Calvin
Clayton Calvin is an attorney with the Texas Public Policy Foundation’s Center for the American Future. He has worked on a variety of constitutional matters, focusing mainly on separation-of-powers and federalism issues and narrowing the scope of administrative power. Prior to joining the Foundation, he worked with Colorado’s Independence Institute on constitutional and budget issues, and worked independently to limit qualified immunity and to defend the constitutional right to earn a living.
Guest
Nathan Seltzer
Nathan Seltzer is an attorney with the Center for the American Future. Prior to joining the Texas Public Policy Foundation, he worked with The Justice Foundation on pro-life and limited-government issues.

What is 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.