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

#222: What Grinds John Roberts's Gears

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

The Heritage Foundation

Government

4.5527 Ratings

🗓️ 1 March 2018

⏱️ 31 minutes

🧾️ Download transcript

Summary

This week, Elizabeth & Tiffany talk about a snippy exchange between Roberts and Breyer, and they break down recent decisions and oral arguments in Janus, Microsoft, and Minnesota Voters Alliance. They also chat with the queen of SCOTUS advocacy, Lisa Blatt.

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Transcript

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0:00.0

I'm Elizabeth Lattery and I'm Tiffany Bates and welcome to SCOTUS 101 where we break down what's happening at the Supreme Court, what the justices are up to, and other things related to our favorite branch of government.

0:13.6

This week we're talking about new opinions, orders, and arguments, and we'll interview the head of Arnold and Porter's Supreme Court practice, Lisa Blatt.

0:20.8

The justices have been pretty busy this week, issuing orders and opinions and hearing oral argument in a few highly anticipated cases.

0:27.8

But before we get into this, we need to talk about what makes Chief Justice John Roberts Luz is cool.

0:33.5

Just not very many things.

0:35.8

Tony Morrow of the National Law Journal wrote an article earlier this week about a snippy exchange between the chief and Justice Breyer that happened last week.

0:44.5

So, Tiffany, tell us what grinds John Roberts gears.

0:48.2

Yes.

0:48.5

So in the city of Hayes, Kansas versus vote, Justice Breyer asked the advocate about the trial transcript and about something

0:56.5

he couldn't find in the record. And the advocate responded that what he was looking for was not in the

1:02.4

record. Yes, this is where Robert got a little upset slash excited about Breyer asking this.

1:10.1

And he said, well, before we start having an extended

1:13.0

exchange about something that's not in the record, I would just like to point out that it's not

1:18.1

in the record. And he compared looking at things outside the record as someone coming in off

1:24.0

the street and saying, oh, I know what happened in this case.

1:31.8

So Breyer pushed back a little bit and said he wanted to know what happened because it could help the court determine whether this is an actual case or controversy that was appropriate

1:36.6

for the court to take. And then there was a little back and forth and Roberts told the advocate

1:40.8

to go ahead and answer the question. And then Breyer says, oh, no, you don't have to answer the question. But then Robert says, no, really, feel free to answer the question. But just so you know, I'm going to discount the answer because it's not in the record. I feel bad for this advocate. Definitely. I don't know if I would know how to respond to an exchange like that, but she did a good job.

2:02.4

So tell us about there was a big order also this week.

2:05.3

Yeah, the court issued some orders, including denying the administration's request that adhere a challenge to DACA before the Ninth Circuit heard the case.

2:15.3

Under Supreme Court Rule 11, the court notes that it will grant cert before

2:19.9

judgment only upon a showing that the case is of such imperative public importance as to justify

...

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