Rightly Decided

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 the Founders to the October 2025 term.

This episode covers two cases:
  • Ellingburg v. United States: Can you be fined for something that wasn’t illegal when you did it? Does it matter if it’s just a civil penalty? We discuss why Justice Thomas is basically ghostwriting for Justice Samuel Chase and how maybe, just maybe, natural law is suddenly the most relevant doctrine in a 2026 appellate brief.
  • Villarreal v. Texas: What happens when a "fundamental" right is younger than the Justices on the bench? We tackle the 6th Amendment conflict of this year: the right to testify vs. the overnight gag order.
Dust off your copy of the Constitution and settle in. We're serving up heavy Originalism with a side of Natural Rights. Whether you’re a FedSoc regular or a Living Constitutionalist, you can’t afford to miss this jurisdictional vibe shift.

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.