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🗓️ 28 June 2023
⏱️ 66 minutes
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0:00.0 | You ready? |
0:02.0 | I was born ready. |
0:04.5 | Welcome to advisory opinions. I'm Sarah. Is there is frequent guest David French back again? |
0:25.2 | David, it's going to be an all-scotus day today and frankly the rest of these episodes this week are going to be all |
0:30.8 | all-scotus all the time but it's not just the cases that came out today. We're going to start with those. Morvy Harper got released as well as |
0:40.8 | counterman my favorite sleeper case of the term. So we're certainly going to talk about those two but I also want to talk about a little |
0:48.8 | Supreme Court polling. We'll do some Supreme Court bingo with the cases remaining and finally a little follow up on our ethics |
0:56.8 | disclosure conversation about the pro public article around Justice Alito. It lit up the comment section and I got some great input from people who |
1:06.8 | listen that I wanted to share as well. All right so let's do this. Morvy Harper this is the independent state legislature idea where on the |
1:18.8 | one hand state courts get to review state laws to determine whether they fit with the state constitution unless the |
1:26.8 | elections clause in the US Constitution is an exception to that. The opinion came out written by the chief justice. |
1:34.8 | It's a six three or exactly along the three three three lines that we've talked about on this podcast before. So it's |
1:44.8 | Roberts Kavanaugh Barrett as the three conservatives joining with so to my or Kagan and Jackson to make that six in the majority. |
1:54.8 | And then you had Thomas Gorsuch and Alito in descent. Now I've talked about the three three three court the idea of that ideological access versus the institutional access. |
2:08.8 | This felt like it fit that thesis so precisely which was interesting to me because frankly the rest of the term has not. |
2:18.8 | Yeah. Yeah I that's exactly right Sarah that we were actually just talking sort of offline the other day okay how where what is the status of the three three three |
2:28.8 | alignment does it exist are we looking at sort of three two one two what's going on and this looks more like three three three and I |
2:39.8 | would even it's very interesting because we're going to we're going to dive into this but first off let's just state here's what happened the |
2:46.8 | Supreme Court eliminated gutted destroyed stomped on nuke from orbit the independent state legislature doctorate. |
2:54.8 | That's dead it's dead it that's the core core bottom line of this all like a Texas armadilla on an FM road it dead it is dead and what's interesting to me Sarah and we can really dive into this |
3:08.8 | a bit is it feels like to me the court just really really wanted to kill it because it didn't have to reach the merits here. |
3:18.8 | Oh not only did it not have to this case was moot look you know the descent for their part really is taking on the mootness problem with this case then just as Thomas is going to say look frankly the merits aren't that important to me but if you're asking my opinion I guess I also |
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