#BESTOF2021: 2/2: The middle three of the Roberts Court @RichardAEpstein @HooverInst
The John Batchelor Show
John Batchelor
4.5 • 2.8K Ratings
🗓️ 13 December 2023
⏱️ 10 minutes
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| 0:00.0 | This is a series of CBSi in the world. I'm John Dancer. Professor Richard at the University of the University of the University of the University of the University of the University of the University of the University of the University of New York and over the years Richard and I have enjoyed observing Supreme Court decisions in terms of the politics of the moment. |
| 0:21.0 | We have spoken of the Roberts Court a hundred years from now, but let's be very |
| 0:24.9 | specific to the term during the pandemic just concluded. 65 cases is the reporting I'm following |
| 0:30.8 | at NBC News. 65 cases. 39 of those were decided by 9 to 0 or 8 to 1. |
| 0:37.0 | That would suggest, of course, the Supreme Court is like-minded for the majority of the times. |
| 0:44.0 | And these cases included four government wins over immigrants, |
| 0:48.8 | a defeat for the Ford Motor Company, |
| 0:50.6 | a win for California motorists. In other words helter skelter the one that I liked |
| 0:55.6 | is the NCAA is no longer shielded from antitrust claims brought by college athletes and the NCAA laws 9-0. |
| 1:05.0 | But that's a route in basketball. |
| 1:08.0 | Now, it is true that there are controversial cases. |
| 1:12.0 | So Richard, I appeal to you. |
| 1:13.6 | I'm the amateur, you're the professional. |
| 1:15.9 | Controversial cases, do they make the best moments |
| 1:19.5 | to decide what a court is when the case is six to three or five to four or is that |
| 1:24.5 | flip of the coin time and we need more history? No look I think in fact it's a |
| 1:29.6 | legitimate type of concern. The cases that you're talking about are going to come out the same |
| 1:34.4 | way because pretty much there is no political voltage associated with it. So the |
| 1:39.0 | correct measure trying to figure out consensus is what you do is you put a heat index before each of the |
| 1:44.4 | particular cases and then what you do is you ask whether or not the really hot |
| 1:48.5 | cases are 6-3 or 5-4 and if they are then it turns out that's the set that you want to look at, and that's where the |
| 1:55.4 | selection of the justices goes. |
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