4.8 • 3.6K Ratings
🗓️ 31 May 2023
⏱️ 67 minutes
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0:00.0 | You ready? |
0:02.0 | I was born ready. |
0:04.0 | Welcome to advisory opinions. I'm Sarah Isger. That's David French and we have an action packed pod. We have two Supreme Court cases, two circuit cases, an interesting impeachment coming out of Texas. |
0:34.0 | And of course, I know, I know, but you're going to have to wait. Yeah, we'll talk about the chat GPT case at the end. Fine, you got us. We'll do it. We have to. |
0:44.0 | But David, let's start with the Supreme Court. Boy, it didn't take them long on Tyler V. Hennepin County. Did it? |
0:52.0 | No. No, this was like the Supreme Court equivalent of ruling from the bench. |
0:59.0 | It really was. So for those who don't quite remember, Geraldine Tyler is 94 years old. She bought a one bedroom condominium in 1999. |
1:11.0 | She didn't pay her $2,300 in taxes. Got another $13,000 in interest in penalties. So Hennepin County sees the condo, sold it for $40,000. |
1:23.0 | And what did they do with the other $25,000 that she didn't know them? They kept it. |
1:29.0 | The Supreme Court nodogged that one pretty hard, David. Geraldine gets her $25,000 back under the takings clause. |
1:41.0 | You, unanimous. We're done. Yeah, we're done. It's not even super interesting because the takings analysis is really, really straightforward, which is. |
1:51.0 | You were entitled to the tax liability. You are not entitled to excess of the tax liability. |
1:59.0 | That is in fact taking something that is not yours. I mean, this was when I say ruling from the bench, what I mean is for the non-lawyers is sometimes rarely. |
2:11.0 | Sometimes you'll go in and you'll argue emotion in front of a judge. And instead of waiting for written opinion, he ends the argument and he says, you lose. |
2:19.0 | And then explains or maybe not the reasons why. And it's, you know, it's not your best day when that happens. |
2:27.0 | But this was very straightforward, but I'm much more interested in the budding best friends. |
2:33.0 | Yes. So, okay, wait, before we get to that real quick, there were a few interesting things to note in this opinion. |
2:38.0 | One, the Chief Justice assigned it to himself. And there were some fun things in that for me. |
2:46.0 | He goes back to the Magna Carta. There's very common lawy takings clause. Where did this come from? |
2:53.0 | British history getting imported into the United States. Constitution's taking clause. That's always fun to see. And that it's unanimous. |
3:01.0 | So everyone is signing on to that reasoning for the most part. Also, if you remember when we talked about the oral argument, there was the standing argument that Neil Coyle made on behalf of Hennepin County. |
3:15.0 | Arguing that actually this whole thing should be tossed because she didn't sufficiently plead an injury. |
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