Dan Epps

It does that in part by looking back to a case that's even before Heck called Woolley versus Maynard, which has also got some fun facts.

The New Jersey license plates either still do or at least-

New Hampshire, yes.

New Hampshire license plates either still do or did for a long time have live free or die on them.

Does anybody know if they still have those?

I see some thumbs up.

And some guy really didn't like that, so he kept covering it up with tape.

I don't totally know what the objection is.

It's like, no, I'd rather live unfree.

But it seems like I'd prefer to live free.

Yeah.

And so he kept getting fined for covering it up, and then he wanted to sue and say, like, I should be allowed to not have that on my license plate.

And the court had allowed that suit to continue, even though he had previously been fined.

And so the court looks back to that and says, this is basically...

like that and these things are okay.

I think one of the things that's particularly interesting is the court very kind of openly and honestly looks back at the language in Heck and in Justice Scalia's language.

And Justice Scalia has been, you know, by the conservative majority has been totally deified.

You know, everything he says is perfect unless it was not conservative enough.

And she says, well, with the benefit of hindsight, the sentence relied on, in heck, swept a bit too broad.

That was, you know, basically Justice Scalia slipped a little bit there, even Homer nods.