Flushgate
Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture
The Heritage Foundation
4.5 • 527 Ratings
🗓️ 8 May 2020
⏱️ 66 minutes
🧾️ Download transcript
Summary
It's Elizabeth's last day on the show, and a week of big news at the Court: telephonic oral arguments, questions from Justice Thomas, and the "flush heard 'round the world." We also discuss this week's opinions (one involves Bridgegate, the other a sizzling unanimous rebuke of the Ninth Circuit), and Elizabeth interviews legal power couple, Jim and Allyson Ho.
Follow us on Twitter and Instagram @ scotus101 and send comments, questions, or ideas for future
episodes to scotus101@heritage.org . Don't forget to leave a 5-star rating!
Stay caffeinated and opinionated with a SCOTUS 101 mug:
https://shop.heritage.org/products/scotus-101-mug .
Hosted on Acast. See acast.com/privacy for more information.
Transcript
Click on a timestamp to play from that location
| 0:00.0 | I'm Elizabeth Slattery and welcome to SCOTUS 101, where we break down what's happening at the |
| 0:07.6 | Supreme Court, what the justices are up to, and other things related to our favorite branch of government. |
| 0:13.4 | This week, I'm joined by John Carlo Canaparo and Amy Swear, and we're talking about the court's historic telephone oral arguments, the toilet flush heard around the world, and recent opinions. |
| 0:24.0 | And I also chatted with Jim and Allison Ho. |
| 0:28.2 | So Monday of this week was a historic event, |
| 0:32.0 | the first time in history that the Supreme Court has conducted oral argument by telephone. And each lawyer had a few |
| 0:40.6 | minutes to give an opening and then the justices asked questions in order of seniority. |
| 0:45.5 | It was a pretty orderly approach. Appellate Twitter went wild when Justice Clarence Thomas asked |
| 0:51.4 | questions since he's famously quiet during traditional oral |
| 0:55.5 | arguments. And the Chief Justice played traffic cop, as he does in a regular oral argument. |
| 1:01.4 | But he let each of his colleagues ask questions for a few minutes at a time before moving it |
| 1:06.2 | on to the next. So this meant that certain justices, I won't say any particular names, but certain justices |
| 1:12.5 | didn't dominate argument the way we sometimes see. I will say, I thought overall it went pretty |
| 1:19.4 | well about as well as it could have gone, but it was a little bit less conversational than a typical |
| 1:25.0 | oral argument at the Supreme Court. I also think it's a little too |
| 1:28.5 | soon to tell if this will have a broader impact on the court's approach to oral argument and |
| 1:34.2 | when it returns for in-person arguments. And it certainly doesn't have any bearing on the |
| 1:39.4 | effort, the ongoing effort to bring cameras into the courtroom, which is something I think nearly all of |
| 1:45.1 | the justices have said they strongly oppose. So guys, what do you think? I had a question for you |
| 1:50.5 | on that, Elizabeth. Do you think that when we return to impersonal arguments, the court will |
| 1:56.0 | continue to have an audio feed? |
| 2:02.1 | It's a good question. |
... |
Please login to see the full transcript.
Disclaimer: The podcast and artwork embedded on this page are from The Heritage Foundation, and are the property of its owner and not affiliated with or endorsed by Tapesearch.
Generated transcripts are the property of The Heritage Foundation and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.
Copyright © Tapesearch 2026.

