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On the Media

A Guide To SCOTUS News

On the Media

WNYC Studios

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4.68.7K Ratings

🗓️ 27 June 2018

⏱️ 13 minutes

🧾️ Download transcript

Summary

How to make sense of major Supreme Court coverage.

Transcript

Click on a timestamp to play from that location

0:00.0

There's a reason why Supreme Court reporters know never to take a vacation in June.

0:06.6

The end of this season's term brought us a head-spinning drumbeat of huge decisions all this week.

0:14.3

A five-to-four vote upholding the Trump administration's travel ban.

0:18.8

A five-to-four vote in the Janus case dealing a blow to organized

0:23.1

labor, a five to four vote citing with anti-abortion pregnancy centers, and a five-to-four

0:30.2

decision upholding Republican-drawn districts in Texas. And in news we're still processing, even as we record this introduction, Justice

0:40.5

Anthony Kennedy, frequently referred to as the swing vote on the court, is retiring. And that

0:47.1

means President Trump gets another appointment to the bench. It's another term-ending finale

0:52.9

from the branch of government we know the least about.

0:57.0

In 2015, we gathered some of the best minds on the beat to walk us through the deep and hazardous pitfalls of Supreme Court coverage

1:05.5

because the court basically does one of two things.

1:10.1

It either decides to hear a case and issue a big decision.

1:14.5

That happens about 70 times a year with several big decisions this week, or it decides not to hear a

1:21.6

case. That happens upward of 7,000 times a year. And as simple as that may seem, news organizations often confuse the two.

1:33.8

Frequently, you'll hear something along the lines of the Supreme Court affirmed or the Supreme Court

1:38.6

upheld when, in fact, it did nothing of the sort. That's Amy Howe of Scotis blog, the gold standard source for breaking court news.

1:46.6

It just left the lower court decision in place, and it doesn't have effect nationwide.

1:51.7

Right. Other appeals courts can take it up.

1:53.8

Exactly. The decision usually comes from a federal appeals court, and so it will be good law in that region of the country,

2:00.1

but it doesn't have any effect in other parts of the country unless and until those lower courts weigh in.

2:06.2

New York Times Court reporter Adam Liptok says that in some cases letting a decision stand can be very meaningful.

2:13.8

As in October a year ago, when the court let stand a bunch of rulings allowing same-sex marriage to expand across the country.

...

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