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

Abortion, Guns, and Originalism

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

The Heritage Foundation

Government

4.5527 Ratings

🗓️ 5 November 2021

⏱️ 41 minutes

🧾️ Download transcript

Summary

It was a big week for oral arguments with two about the Texas' abortion law, SB 8, and another about New York's firearm restrictions. GianCarlo explains the issues in the SB 8 cases and answers the pressing question of what, if anything, do they have to do with Dobbs. Zack unpacks the oral arguments in the Second Amendment case and covers other newsworthy items, like the confirmation of our new Solicitor General, Elizabeth Prelogar. Chief Judge Bill Pryor of the Eleventh Circuit joins us again to discuss his recent speech, "Politics and the Rule of Law." Last up, in honor of S.G. Prelogar's confirmation, Zack grills GianCarlo with Solicitor General trivia.


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Transcript

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0:00.0

Mr. Chief Justice, may it please the court.

0:06.0

I'm John Carlo Canoparo.

0:07.8

I'm Zach Smith.

0:09.0

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.

0:20.9

Welcome back to SCOTUS 101. G.C., it's been a big week at the court for oral arguments.

0:26.4

That it was. We heard oral arguments in the challenges to Texas's abortion law, SB 8,

0:32.4

times two. Times two, and arguments in the big Second Amendment case, New York State Rifle and Pistol

0:38.4

versus Bruin.

0:39.8

But first, there were a few noteworthy news items this week and orders.

0:43.8

Zach, what can you tell us about those?

0:45.8

Yeah, there are two items I wanted to follow up on that we mentioned in our last episode.

0:50.9

First up, Elizabeth Pralager was confirmed as the U.S. Solister General, and in fact,

0:56.2

she jumped right into her duties arguing in one of those SB8 cases in front of the court.

1:02.8

The other item, last week we mentioned an interesting challenge to Maine's vaccine requirement

1:10.4

for health care workers. It's a case called

1:12.3

Doe v. Mills. And as a reminder, this was an emergency request to stop Maine's COVID-19 vaccine

1:19.2

requirement for health care workers because it lacked a religious exemption. The request came to

1:25.1

Justice Breyer and he referred it to the court. and since our last episode, the court declined to grant an emergency stay by six to three vote.

1:34.9

Justice Gorsuch wrote a dissent from the denial, which Justice Thomas and Alito joined.

1:41.5

Interestingly, Justice Barrett, who is joined by Justice Kavanaugh, wrote a short

1:46.7

concurrence in the denial, and there are two interesting tidbits I want to talk about with Justice Barrett's

1:53.7

concurrence. First, she said that when the court is asked to grant extraordinary relief, like issuing an emergency injunction,

...

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