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July 17, 2018

Eps. 24, 25: 'Taking the Fifth,' 'Justice Kennedy'

By Elizabeth Joh

Anthony M. Kennedy's announcement in late June that he was retiring from the U.S. Supreme Court merited a special edition of the podcast "What Trump Can Teach Us About Con Law." Episode 25, "Justice Kennedy," is devoted to Kennedy, the mostly conservative justice who delivered swing votes in key decisions on abortion, LGBTQ rights and affirmative action.

The special episode followed closely on the heels of episode 24, "Taking the Fifth." President Trump says it makes people look guilty. Yet he and people associated with him have done it. This episode traces the practice of pleading the Fifth back to the Cold War and the Hollywood Ten, who probably should have invoked the Fifth instead of the First Amendment.