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

COVID & The Constitution

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

The Heritage Foundation

Government

4.5527 Ratings

🗓️ 15 October 2021

⏱️ 38 minutes

🧾️ Download transcript

Summary

Two weeks into the term, the full Court is back on the bench and hearing oral arguments in their storied courtroom. Among the arguments this week was the death-penalty appeal of the Boston Marathon bomber. Your hosts discuss how in-person oral arguments are going, and some of the newly granted cases. Zack interviews George Mason professor Todd Zywicki and they talk about his career and his recent lawsuit against the university's vaccine mandate. Lastly, Zack grills GianCarlo with some very surprising SCOTUS trivia.


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Transcript

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0:00.0

Mr. Chief Justice, may it please the court.

0:05.9

I'm John Carlo Canoparo.

0:07.7

I'm Zach Smith.

0:08.8

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.

0:20.8

Well, welcome back to another episode of SCOTUS 101, G.C.

0:24.4

Can you believe we're already two weeks into the court's new term?

0:28.5

Time flies, Zach.

0:30.6

It sure does.

0:32.4

So, G.C., what's been going on at the court these past two weeks?

0:36.2

So these past two weeks were still at the early stages of the courts.

0:39.5

We don't have opinions yet, but we are having oral arguments going on, and the court is still granting and denying new cases.

0:47.5

On that front, we had four new cases coming out of the long conference.

0:52.6

The long conference, for those listeners who don't know, is that first conference the court has when it comes back out of recess and they consider hundreds, if not close to a thousand petitions for Sir Scherari to decide which cases to take and deny.

1:07.3

A lot of new cases granted at a long conference. I'm going to pull out two notable ones.

1:13.0

One is called Concepcion versus United States, and that case asked the court to resolve

1:18.3

how lower courts should deal with intervening factual and legal developments when resentencing

1:24.4

certain offenders under the First Step Act.

1:27.4

And you know, G.C., I understand that this is an important case because the circuit courts have

1:32.0

been divided on that issue. And in fact, some circuits have required district courts to consider

1:38.2

those intervening developments. Some circuits permit, but don't require district courts

1:43.3

to consider those developments.

1:45.2

And then some circuits prohibit their district courts from considering those developments.

...

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