Indian Country, Incorporation & a Timid Frog
Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture
The Heritage Foundation
4.5 • 527 Ratings
🗓️ 29 November 2018
⏱️ 35 minutes
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| 0:00.0 | I'm Elizabeth Slattery 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. |
| 0:12.9 | This week, I'm joined once again by Sheldon Gilbert from the National Constitution Center. |
| 0:17.4 | Thanks for stopping by. |
| 0:18.9 | Glad to be here. Good to be back. |
| 0:22.0 | So we're going to talk about recent Supreme Court arguments, Trump v. Roberts, and I also recently sat down with Aaron Murphy of |
| 0:28.3 | Kirkland and Ellis to talk about her career. So first let's hit a few of the Supreme Court's |
| 0:33.1 | headlines. First up, the Dusky Gofer Frog case is headed back to the Fifth Circuit. This is the |
| 0:39.6 | case looking at whether the federal government can designate private property as critical habitat |
| 0:43.8 | for an endangered species when the property is not even habitat. The property at issue would require |
| 0:49.9 | major modifications in order for the dusky gopher frog to survive there. |
| 0:58.7 | And pretty much the only thing the Supreme Court decided in its unanimous opinion by Chief Justice Roberts was that the Secretary of Interior's decision not to exclude this property |
| 1:03.6 | from designation is in fact subject to judicial review. |
| 1:07.3 | It's sending the case back to the Fifth Circuit to decide what habitat entails. |
| 1:11.6 | So we will keep an eye on the dusky gopher frog. |
| 1:14.4 | And as Josh Blackman pointed out on Twitter, Chief Justice Roberts might be projecting onto the dusky gopher frog. |
| 1:20.8 | He wrote, it is noted for covering its eyes with its front legs when it feels threatened, peaking out periodically until danger passes. |
| 1:28.6 | And is Roberts feeling threatened these days? What do you think, Sheldon? |
| 1:32.6 | Well, you know, I think Josh is reacting to a recent, somewhat surprising statement by Chief |
| 1:40.9 | Justice John Roberts in response to a statement by President Trump, that |
| 1:45.3 | a particular decision against the administration was the product of a, quote, Obama judge. |
| 1:52.0 | So apparently the Associated Press reached out to the court for comment, and somewhat unusually, |
| 1:58.2 | the chief provided a comment and and i just want to |
... |
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