Dueling Textualists, Part II

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

The Heritage Foundation

Government

4.5 • 527 Ratings

🗓️ 1 May 2021

⏱️ 59 minutes

🔗️ Recording | iTunes | RSS

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Summary

It's full steam ahead as the Court finishes up its second-to-last week of oral arguments for the term. Among the six cases argued this week, were two blockbuster First Amendment cases, one that may decide the meaning of "freedom of association," and another that may decide whether schools can punish students for speech made outside of school. Your hosts discuss those arguments and more. GianCarlo explains the one opinion of the week, which is all about the meaning of the word "a," and explains how it's round two in the ongoing debate between Justices Gorsuch and Kavanaugh about the right way to do textualism. GianCarlo also interviews veteran advocate and Georgia Attorney General Chris Carr. Last up, Zack tries to stump GianCarlo with more strategic retirement trivia.

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Transcript

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0:00.0	Mr. Chief Justice, may it please the court. I'm John Carlo Conoparo. I'm Zach Smith. 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.
0:25.0	Welcome to another episode of SCOTUS 101. G.C., it's been another busy week at the court. Are you ready to go? Absolutely. Let's do it. Well, we're starting
0:30.7	off with a bit of good news this week. For the first time and over a year, all nine justices met in
0:37.0	person at the Supreme Court on Friday, April 23rd. It's also the first time in over a year, all nine justices met in person at the Supreme Court on Friday, April 23rd.
0:40.4	It's also the first time all nine justices have met together at the court since Justice Barrett joined them.
0:47.7	G.C., do you know what that means?
0:49.4	Tell me.
0:50.3	Well, it means that we have a new official photograph of all...
0:54.7	I know, picture time, with all nine current justices.
1:00.2	You know, this has been delayed because of the coronavirus,
1:02.7	so it's nice to have their new official portrait.
1:06.5	Wonderful.
1:07.1	You know, this might shock you, but I haven't actually seen it yet.
1:11.4	Yeah, well, just Google it, And now Justice Barrett has her own, you know, picture on the Supreme Court's website.
1:16.8	So it's good to see she's officially official now. There were several orders this week. First up, was a Procureum opinion. That means no identified author that was issued without
1:30.1	argument. It was in the case of Alaska v. Wright. In this case, the petitioner Sean Wright had been
1:36.8	convicted in 2009 in Alaska State Court of Sexual Abuse of a Minor. After he finished serving his
1:43.3	sentence, he moved to Tennessee,
1:44.6	but he failed to register as a sex offender under federal law. He ultimately pled guilty
1:50.4	to violating that federal law. While the federal proceeding was going on, Wright filed a habeas
1:56.9	corpus petition in the U.S. District Court in Alaska, claiming that the Alaska Supreme Court
2:02.7	had unreasonably applied, clearly established federal law when it rejected his Sixth Amendment
	...

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