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

From Michigan with Style

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

The Heritage Foundation

Government

4.5527 Ratings

🗓️ 4 December 2020

⏱️ 50 minutes

🧾️ Download transcript

Summary

This week Zack Smith is back, and he joins GianCarlo to discuss this week's oral arguments, which cover some touchy technology issues and whether the president can discount illegal aliens when it comes to determining the relevant population for each state's allotment of seats in the House of Representatives. GianCarlo also discusses the Court's midnight Thanksgiving order granting houses of worship a win against discriminatory COVID-19 restrictions. He also interviews Judge Raymond Kethledge who tells us about his career and shares his passion for writing. Last up, Zack is in the hot seat for technology-themed trivia!


You can find Judge Kethledge's book here.


Follow us on Twitter and Instagram @scotus101 and send questions, comments, or ideas for future episodes to scotus101@heritage.org.


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Transcript

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0:00.0

Mr. Chief Justice, may it please the court.

0:04.0

I'm Amy Swearer.

0:06.0

And I'm John Carlo Conoparo.

0:08.0

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.

0:18.0

Welcome to another episode of SCOTUS 101. This week I'm joined once again by my friend and

0:26.4

colleague Zach Smith, who's filling in for Amy. I appreciate you having me back.

0:31.4

So, Zach, last week we had Professor Josh Blackman on the show to discuss COVID restrictions

0:37.4

on houses of worship,

0:39.0

and two cases at the Supreme Court that asked for emergency relief from New York's restriction.

0:45.1

New York's restriction, as you probably remember, imposed stricter occupancy limits on houses of worship than it did on secular businesses.

0:52.6

Well, just a few minutes before midnight on Thanksgiving,

0:55.6

the court handed the plaintiffs a win.

0:58.1

The court held that if a COVID restriction

1:00.0

singles out houses of worship for a harsher treatment

1:03.0

than secular businesses, the restrictions

1:05.2

must pass strict scrutiny.

1:07.4

New York's restrictions failed because there

1:09.6

was no evidence that houses of worship contributed to outbreaks or that they otherwise needed to be treated any worse than businesses.

1:16.9

The case is also significant because it's the first instance in which the presence of the court's newest member, Amy Coney-Barritt, made a difference.

1:24.8

She joined the five-four majority striking down the restrictions with the

1:27.9

Chief Justice joining Justice's Breyer, Kagan, and Sotomayor in dissent. And in fact, although

1:33.7

the majority opinion was issued per curiam, meaning unsigned, Ross Guberman, who's the president

...

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