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

Judgment for Journalists

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

The Heritage Foundation

Government

4.5527 Ratings

🗓️ 2 June 2023

⏱️ 42 minutes

🧾️ Download transcript

Summary

Four weeks to go in the term, and the Court handed down three opinions, which involved Medicare fraud, securities fraud, and labor union shenanigans. After your hosts discuss those opinions, Zack interviews veteran journalist James Rosen about his latest book Scalia: Rise to Greatness. James shares some of his best memories of the late Justice and shows what a debt he owed to his extraordinary wife, Maureen Scalia. After that, GianCarlo quizzes Zack with trivia about journalists at the Court.


Follow us on Twitter @scotus101 and @tzsmith. And please 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.

0:05.3

I'm John Carlo Conoparo.

0:07.3

I'm Zach Smith.

0:08.4

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.

0:20.5

Welcome back to SCOTUS 101.

0:22.6

Welcome back indeed.

0:24.6

There's not as many opinions this week as there were last week, but I know one thing for sure, G.C., the next couple of weeks are going to be doozies.

0:33.6

Yeah, no kidding.

0:34.6

Well, I'll start us off with our first opinion of the week, U.S. X-Ral shoot versus supervalue.

0:41.5

This was a unanimous decision by Justice Thomas, where the court held that the scienter,

0:46.1

that is intent, element of the False Claims Act, refers to a defendant's subjective belief,

0:52.0

not what a reasonable person would think.

0:55.0

The False Claims Act forbid someone from knowingly submitting a false claim to the government.

1:01.0

Now, lots of statutes create the right to make claims. The statutes at issue in this case, the Medicaid and Medicare statutes,

1:08.0

allow drug retailers to make claims for their usual and customary drug prices.

1:13.1

The drug retailers here regularly sold their drugs at discount prices, but they billed the

1:19.0

government for the base price. So, was this a knowing falsehood? The lower courts said no, because

1:25.6

reasonable people would think that the base prices were the usual and customary ones.

1:30.8

But the Supreme Court disagreed because what matters is whether the retailer believed that its discount prices were the usual prices.

1:39.8

Next up, we have Glacier Northwest versus Teamsters.

1:43.8

This is an 8 to 1 decision by Justice Barrett, which Roberts, Sotomayor, Kagan, and Kavanaugh, joined in full.

1:50.5

The court held that the National Labor Relations Act, the NLRA, does not preempt Glacier Northwest's state law tort claims against a local labor union that went on strike with the alleged intent

...

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