A Very Federalist Podcast
Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture
The Heritage Foundation
4.5 • 527 Ratings
🗓️ 15 November 2018
⏱️ 21 minutes
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| 0:00.0 | I'm Elizabeth Slattery and welcome to Scotus 101, where we break down what's happening at the Supreme Court, |
| 0:09.0 | what the justices are up to, and other things related to our favorite branch of government. |
| 0:13.2 | This week, I'm joined by John Michael Seibler, once again, to recap the last few weeks at the Supreme Court. |
| 0:19.1 | And I also recently sat down with Fifth Circuit |
| 0:21.2 | Judge Kyle Duncan. Hey, Elizabeth. Thanks for having me back. So let's talk about some of the |
| 0:26.2 | SCOTUS headlines. A lot has happened since our last episode. Justice Ruth Bader Ginsburg was |
| 0:31.0 | hospitalized after falling and fracturing three ribs. She missed one non-argument session at the court, |
| 0:36.8 | but she expects to be back in time for |
| 0:38.6 | arguments starting after Thanksgiving. Here's wishing the notorious RBG a swift recovery. |
| 0:44.0 | Not her first rib injury, though. She's a tough cookie. She is a tough cookie. I think she |
| 0:48.9 | fractured or broke two ribs in 2012. She's battled and defeated cancer twice. She is a tough cookie. |
| 0:56.7 | Right. Her colleague, Justice Brett Kavanaugh, had his formal investiture last week. |
| 1:01.8 | President Trump and the First Lady were in attendance at the celebration, where Kavanaugh took |
| 1:06.0 | the oath of office. Retired Justice Anthony Kennedy, Senate Majority Leader Mitch McConnell, and Kavanaugh's former D.C. circuit colleague, Merrick Garland, were among the others in attendance. |
| 1:15.9 | Robert Barnes of The Washington Post had a write-up of the investiture, and he noted that President Trump was seen but not heard. |
| 1:25.0 | So a rare feat for our president. Moving on to cert grants and pending cases, the court |
| 1:30.0 | scheduled Nick v. Township of Scott, Pennsylvania, for re-argument later in the term. We've discussed |
| 1:35.0 | this case before. It's the dispute over rocks on private property and whether they are actually |
| 1:39.9 | gravestones. And the property owner is asking the court to overrule a 1980s-era Supreme Court precedent |
| 1:45.3 | that requires property owners to exhaust takings claims in state court before they can go to federal court. |
| 1:51.9 | The Supreme Court has asked the parties to file briefs addressing an issue that came up during the argument, |
| 1:56.3 | which is when does the property owner's right to compensation accrue? This is likely a sign that the |
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