#229: Don't Mess with Texas
Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture
The Heritage Foundation
4.5 • 527 Ratings
🗓️ 19 April 2018
⏱️ 31 minutes
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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. |
| 0:13.9 | This week, we're talking about whether Gorsuch is a stealth liberal, internet sales tax, and we'll interview Texas Solicitor General Scott Keller. |
| 0:21.7 | The Supreme Court issued a couple of decisions this week. |
| 0:25.3 | So we're going to talk about one of them in depth. |
| 0:27.4 | And then another one just briefly. |
| 0:29.7 | The court issued a procurium opinion in United States versus Microsoft. |
| 0:33.7 | This is the case looking at whether the federal government could access electronic communications |
| 0:39.0 | that were stored on Microsoft's data center in Ireland after it had obtained a search warrant |
| 0:44.7 | pursuant to the 1986 Stored Communications Act. While the case was pending, Congress passed the |
| 0:50.2 | Cloud Act, which amended the 1986 law, and allowed extraterritorial application of search warrants. |
| 0:57.7 | So both sides in the case agreed that that had mooted the action before the Supreme Court, |
| 1:03.4 | and the Supreme Court issued an opinion vacating and remanding to the district court with instructions to dismiss the action as moot. |
| 1:10.6 | So that case has come to an end. |
| 1:12.8 | Yes, and there's been a lot of hyped up headlines about Justice Gorsuch in the next case we're going to talk about, Sessions versus DeMaia. |
| 1:20.1 | I'll read some of my favorite headlines. |
| 1:22.2 | First was the Supreme Court just handed the Trump administration a loss on immigration, and Gorsuch was the tie-breaking vote. |
| 1:29.7 | And Mark Levin tweeted, Gorsuch blows it big time. And it's true that Gorsuch did cast the deciding vote in Sessions v. Dimaia, where he voted with the four liberals on the court. |
| 1:41.4 | But for anyone who paid attention during Gorsuch's confirmation |
| 1:45.0 | hearing, this is not one bit surprising. His predecessor, Justice Scalia, often voted with the court's |
| 1:51.2 | liberal bloc on criminal cases, and we knew from Gorsuch's opinions on the Tenth Circuit that he held |
| 1:56.9 | similar views on criminal law. And this was the second time the court has heard this particular |
| 2:02.3 | case. After Scalia passed away, the court split four to four. So it was re-argued this term. And the |
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