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On the Media

A Handy Guide to How the Supreme Court Works

On the Media

WNYC Studios

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4.68.7K Ratings

🗓️ 23 March 2022

⏱️ 16 minutes

🧾️ Download transcript

Summary

The Supreme Court is an opaque and difficult to understand institution. Luckily, drawing on the expertise of seasoned SCOTUS reporters, we've put together a handy guide for the discerning news consumer to make sense of the court, its decisions, and its coverage.

Song: "Jeopardy! (Theme and Variations)" by the Resonance Flute Consort

Transcript

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0:00.0

This is on the Media's Midweek podcast. I'm Brooke Gladstone.

0:04.4

This week, the Senate held confirmation hearings for Katanji Brown-Jackson's nomination

0:10.6

to the Supreme Court. Her ascension to the highest court in the land is all but guaranteed

0:15.7

with the Democrats holding a slim majority in the Senate, and once she gets there, her

0:20.8

rulings, her dissenting opinions, her silences, her words will all become fodder for the media

0:26.6

who cover the court.

0:28.0

Given that, we thought it would be a good moment to review our breaking news consumers'

0:32.8

handbook, Scotis Edition. The pitfalls of covering the court, though few, are deep and hazardous.

0:40.6

Because the court basically does one of two things that either decides to hear a case

0:44.4

and issue a big decision, that happens over 80 times a year, or it decides not to hear

0:50.6

a case. That happens upwards of 7,000 times a year, and simple as that may seem, news

0:57.9

organizations often confuse the two.

1:00.8

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

1:05.2

the Supreme Court upheld, when in fact it did nothing of the sort.

1:08.9

That's Amy Howe of Scotis blog, the gold standard source for breaking court news.

1:13.8

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

1:18.9

Right, other appeals courts can take it up.

1:21.0

Exactly. The decision usually comes from a federal appeals court, and so it will be good

1:25.2

law in that region of the country, but it doesn't have any effect in other parts of the

1:30.7

country in less than until those lower courts weigh in.

1:33.5

New York Times Court reporter Adam Liptock says that in some cases, letting a decision

1:38.4

stand can be very meaningful.

...

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