OA192: Capital Punishment, the Eighth Amendment &... Obergefell?

Today's episode takes an in-depth historical look at the Eighth Amendment's prohibition on "cruel and unusual punishment" and what that might mean for the future of <em>Obergefell v. Hodges</em> in the next Supreme Court.  What does capital punishment have to do with gay marriage?  Listen and find out! We begin, however, with a discussion of the <a href= "https://www.centerforhumanrights.org/PDFs/Flores/455_07-09-18_Order-DENYING_ExParteApp_to_ModifySettlement.pdf"> District Court's refusal to modify the <em>Flores</em> settlement</a> we discussed in <a href= "https://openargs.com/oa184-families-at-the-border/">Episode 184</a>.  Find out what the court thinks of Trump's Executive Order to "keep families together" at the border... by indefinitely detaining minors in violation of the law. After that, it's time for a double-length dive into the history of Eighth Amendment jurisprudence, and in particular, the Supreme Court's decision outlawing capital punishment in 1972 (<a href= "https://scholar.google.com/scholar_case?case=3510234117314043073"><em>Furman v. Georgia</em></a>) and then reversing itself just four years later (<a href= "https://scholar.google.com/scholar_case?case=15950556903605745543"><em>Gregg v. Georgia</em></a>).  Is this a blueprint for what the next SCOTUS will do?  Listen and find out! Finally, we end the answer to Thomas Takes The Bar Exam #84 regarding spousal privilege.  Remember to follow our Twitter feed (<a href= "https://twitter.com/openargs">@Openargs</a>) and like our <a href= "https://www.facebook.com/openargs/">Facebook Page</a> so that you too can play along with #TTTBE! <span style= "text-decoration: underline">Recent Appearances</span> By the time you download this, Andrew will have been a guest discussing Judge Kavanaugh with conservative talk show host <a href= "https://www.facebook.com/chuckmorse1">Chuck Morse</a>.  If you'd like to have either of us as a guest on your show, drop us an email at <a href= "mailto:openarguments@gmail.com">openarguments@gmail.com</a>. <span style="