Clerking for Justice O'Connor
Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture
The Heritage Foundation
4.5 • 527 Ratings
🗓️ 26 June 2020
⏱️ 35 minutes
🧾️ Download transcript
Summary
In this episode, GianCarlo and Amy unpack the two opinions released this week, one holding that the SEC may seek disgorgement of ill-gotten gains, and the other upholding a statutory limit to habeas review for aliens detained for expedited removal. GianCarlo then interviews Judge Sandra Ikuta of the Ninth Circuit, and who tells us about her career, her mentors, and her clerkship with Judge Sandra Day O'Connor. And lastly, the hosts are joined by special guest, Paul J. Larkin, Jr., for SCOTUS movie trivia!
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Transcript
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| 0:00.0 | Mr. Chief Justice, may it please the court. |
| 0:05.4 | I'm Amy Swearer. |
| 0:06.9 | And I'm John Carlo Conoparo. |
| 0:08.5 | 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. |
| 0:20.1 | Welcome to another episode of SCOTUS 101. |
| 0:23.7 | Welcome back. |
| 0:24.8 | Thank you so much for joining us again. |
| 0:27.0 | This week, the court handed down two opinions, leaving us with 14 to go. |
| 0:31.8 | Seems pretty certain at this point that the term will extend into July. |
| 0:36.4 | Yeah, I somehow don't see them releasing 14 opinions on |
| 0:40.6 | Monday. That just seems like a lot. I hope not. Before we review this week's opinion, we want to take |
| 0:46.9 | a moment to wish Justice Clarence Thomas and Justice Sonia Sotomayor belated happy birthdays. Both |
| 0:53.7 | Associate Justices celebrated birthdays this week, and we wish them many, many more. |
| 0:58.9 | Indeed. Turning now to opinions, first up is Liu versus the SEC. The issue in Lou is whether and to what extent the Sec and exchange commission can seek the remedy of |
| 1:11.5 | disgorgement of ill-gotten profits in an enforcement action. |
| 1:15.5 | The petitioners in this case were two individuals who solicited money from investors to |
| 1:20.4 | construct a cancer treatment center, but they misappropriated most of those funds. |
| 1:26.4 | The SEC filed a civil action against them and sought |
| 1:29.0 | disgorgement of the full amount that they had raised from investors. The issue before the court |
| 1:33.4 | was whether disgorgement counts as an equitable remedy under the Securities and Exchange Act. |
| 1:39.4 | The decision was 8.1, written by Sotomayor. the court said that disgorgement is a permissible equitable |
| 1:45.8 | remedy as long as the amount is awarded to the victims and does not exceed the wrongdoers total |
... |
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