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

#239: Is AMK Here to Stay?

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

The Heritage Foundation

Government

4.5527 Ratings

🗓️ 22 June 2018

⏱️ 29 minutes

🧾️ Download transcript

Summary

Elizabeth & Tiffany talk about the decisions in Carpenter, Lucia, and Wayfair and whether Justice Kennedy is dropping hints that he won't retire. They also chat with the newest addition to the D.C. Circuit, Judge Greg Katsas. Tiffany's in the hot seat for Supreme Trivia - Criminal Clerks Edition.

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Transcript

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0:00.0

I'm Elizabeth Slattery and I'm Tiffany Bates.

0:05.4

And welcome to SCOTUS 101, where we break down what's happening at the Supreme Court,

0:09.7

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 all the opinions, whether AMK is here to stay,

0:17.8

and we interview new D.C. Circuit Judge Greg Katzis. On Thursday and Friday of this week, the court released a number of decisions. There are now 10 cases remaining, including the travel ban, Janice, Nifla, and that eagerly anticipated water dispute between Florida and Georgia. I know Tiffany's excited about that one. Yeah, and I'm going to the court on

0:37.8

Monday to hear them release the opinions. So the court will release those opinions next week.

0:44.4

And every opinion day, I spend the last 30 minutes before the opinions come out, like many

0:50.1

SCOTUS watchers on SCOTUS blog, their live blog. And the other day, somebody suggested a hashtag, which I think we need to make, we need

0:59.0

to make this happen.

0:59.7

It needs to become a thing.

1:01.2

Hashtag awaiting Amy for Amy Howe, who we had on the podcast not that long ago, she's

1:06.7

with Scotus blog.

1:08.0

And we need to make that a thing.

1:10.4

Waiting for Lyle used to trend on

1:12.4

decision days back when he was their head reporter. And I think awaiting Amy is the new thing.

1:19.0

So listeners, everybody start tweeting, hashtag awaiting Amy. So anyway, let's dig into the decisions

1:24.1

from this week. First up is Carpenter versus United States. This is a case

1:29.3

that was argued at the end of November, and so now we know why it took so long. There were four

1:33.9

dissenting opinions, all that had different theories for why the majority was so, so, so wrong.

1:39.8

So Chief Justice, John Roberts wrote the majority in a five-four decision joined by Ginsburg, Breyer, Sotomayor, and Kagan, with the court holding that the government conducts a search for the purposes of the Fourth Amendment when it accesses historical cell phone location records from a wireless provider.

1:56.0

So by way of background, the FBI obtained robbery suspect cell phone records after getting a court order

2:01.6

under the Stored Communications Act, and all this required was a showing of reasonable grounds

...

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