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Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture

#216: Mark Cuban, Scalianess, and the Sweet Mystery of Life

Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture

The Heritage Foundation

Government

4.5527 Ratings

🗓️ 18 January 2018

⏱️ 31 minutes

🧾️ Download transcript

Summary

This week, Elizabeth & Tiffany talk about recent oral arguments (spoiler alert: no blockbusters) and a study measuring the "Scalianess" of appellate judges. They also interview SCOTUS litigator Willy Jay. In honor of the March for Life, they play Supreme Trivia - Sweet Mystery of Life edition.

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Transcript

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0:00.0

I'm Elizabeth Slattery and I'm Tiffany Bates and welcome to SCOTUS 101 where we break down what's

0:08.0

happening at the Supreme Court, what the justices are up to, and other things related to our

0:11.8

favorite branch of government. This week we're talking about recent oral arguments and some new grants,

0:16.5

a new study measuring the scolianus of appellate judges, and we'll interview the co-head of Goodwin

0:21.3

Proctor's appellate practice, Willie Jay. So what is happening at SCOTUS this week? Well,

0:26.7

there still haven't been any new opinions. And what are they doing? Yeah, not sure. But the court was

0:32.2

in session this week and heard four oral arguments. After this week, the justices won't be back

0:37.0

until late February for the next set of arguments. I wouldn't call any of. After this week, the justices won't be back until late February

0:37.8

for the next set of arguments. I wouldn't call any of the cases this week blockbusters,

0:42.9

but here they are. First up was Hall v. Hall. This is the case of Ethelon, Elsa, and Samuel Hall.

0:49.7

It's a messy family dispute over money and vacation property in the U.S. Virgin Islands, and it led to

0:56.2

dueling lawsuits in two federal district courts. So the two issues before the court in this case are

1:01.6

the effect of consolidating separate civil actions and whether they become a single action,

1:06.8

and how that affects the timing of an obligation to appeal. So the oral argument was a deep dive

1:12.4

into the federal rules of civil procedure. Fascinating. Yeah. But there was at least one moment of

1:18.0

levity. There's a Twitter account called Scotus Humor that looks for laugh lines in transcripts

1:25.3

of Supreme Court arguments. And they found one in this case.

1:31.9

Skoda's Humor points out that Chief Justice John Roberts got the only laugh of the argument by bringing up an amicus brief that was filed by seven retired federal judges.

1:37.1

Roberts said, do we imply the other 280 don't agree with it?

1:42.1

I don't know quite what to do with this brief. I love that

1:45.1

this is what retired judges do, like submit amicus briefs in their free time. Shouldn't they be

1:50.4

relaxing on a beach somewhere? This is like, I've decided in my retirement, I'm just going to

...

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