Does A Cat Have a Tail?
Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture
The Heritage Foundation
4.5 • 527 Ratings
🗓️ 9 December 2022
⏱️ 47 minutes
🧾️ Download transcript
Summary
The Court heard oral arguments in two of the biggest cases of the term, 303 Creative v. Elenis and Moore v. Harper. Your hosts explain those cases and discuss the Court's decision to take up the case challenging President Biden's student loan cancellation plan. As mentioned in the episode, you can find GianCarlo and Jack Fitzhenry's paper on that topic here. GianCarlo then interviews legendary 10th Circuit Senior Judge Paul J. Kelly, Jr. In this week's trivia, Zack quizzes GianCarlo about election law, with a short detour into the world of football law.
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Transcript
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| 0:00.0 | Mr. Chief Justice, may it please the court. |
| 0:05.3 | I'm John Carlo Canoparo. |
| 0:07.3 | I'm Zach Smith. |
| 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. |
| 0:20.8 | Welcome back to another episode of SCOTUS 101. |
| 0:24.4 | Welcome back. I'll get us started on the orders front, just one new case this week. |
| 0:29.7 | The court will hear the Biden administration's appeal of the Eighth Circuit's injunction |
| 0:33.7 | against his student loan cancellation plan. It's noteworthy that although Biden brought this |
| 0:39.6 | as an emergency appeal, the court is not dealing with it on its emergency docket. Instead, it |
| 0:45.4 | treated the administration's application as a petition for certiorari, granted it, and set the |
| 0:50.3 | case for oral argument in February. In the meantime, it preserved the injunction on Biden's |
| 0:55.7 | plan. You know, G.C., this seems like something we're seeing the court do more often these days is |
| 1:01.7 | granting certiorary before appeal, deciding the case on an expedited basis. And I agree, |
| 1:08.3 | it would be very interesting to see what happens with this case. Now, in fact, |
| 1:14.4 | G.C., haven't you and our colleague Jack Fitzhenry written something about this case? |
| 1:20.2 | That's right. Jack and I have written a paper, a very long law review article, analyzing the many legal issues. |
| 1:27.7 | Are there any other kind? No. Analyzing the many legal issues. Are there any other kind? No. |
| 1:29.5 | Analyzing the many legal issues in this case. I'll put a link to that in the description. |
| 1:34.1 | I think for what it's worth, the Biden administration is going to lose this case. |
| 1:38.4 | Whether it's a straightforward statutory analysis or the major questions doctrine from last |
| 1:44.0 | term or even the pretext |
| 1:46.0 | concerns from the census case from a couple terms ago, things don't look good for Biden's |
... |
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