Playground of Liberty
Slate News
Slate Podcasts
4.5 • 6K Ratings
🗓️ 14 April 2017
⏱️ 50 minutes
🧾️ Download transcript
Summary
Newly sworn-in Justice Neil Gorsuch gets his first chance to make his mark on the Court at this week’s oral arguments for Trinity Lutheran v. Comer. The important case asks whether the First Amendment’s Free Exercise Clause compels the state of Missouri to provide public grant money directly to a church. Holly Hollman, general counsel for the Baptist Joint Committee for Religious Liberty, joins us to discuss BJC’s amicus brief in the case, which argues that religious institutions are actually freer if they are barred from accepting government funds.
We also sit down with Jeffrey Toobin, whose piece in this week’s The New Yorker examines the enormous influence that the Federalist Society – and especially its executive vice president Leonard Leo – have on the American judiciary. Toobin argues that with the ascension of Neil Gorsuch to the Supreme Court, Leo can now be credited with the selection of one-third of the nation’s most powerful judges.
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Transcript
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| 0:00.0 | We have no president who has appointed more than two justices on the current court, but we have Leonard who's responsible for three. |
| 0:12.9 | It's really short-sighted when people say, hey, treat religion like everything else. |
| 0:17.3 | That's not what most religious people and religious communities want. |
| 0:22.1 | The First Amendment and corollary provisions in state constitutions treat religion especially. |
| 0:32.7 | Hi, and welcome to Amicus Slate's podcast about the U.S. Supreme Court. |
| 0:37.7 | I'm Dahlia Lithwick. |
| 0:38.7 | I cover the courts in the law for Slate. |
| 0:41.2 | And this past Monday, after a 14-month vacancy, Judge Neil Gorsuch was sworn in as the junior justice of the highest court in the land. |
| 0:50.7 | I, Neil M. Gorsuch, you solemnly swear that I will administer justice without respect to persons. |
| 0:57.9 | But I'll administer justice without respect to persons. |
| 1:01.1 | And do equal right to the poor and to the rich. |
| 1:04.1 | And do equal right to the poor and the rich. |
| 1:06.9 | And that I will faithfully and impartially discharge. |
| 1:12.8 | One of the lessons of the Gorsuch confirmation and the Merrick Garland blockade is that movement |
| 1:18.8 | conservatism is in its ascendancy. |
| 1:22.0 | One of the key groups channeling the energy of that movement is the Federalist Society, |
| 1:26.5 | and later on in the show, we're going to speak with Jeffrey Tubin about the man at the helm of that group. |
| 1:32.5 | But first, we turn to the last arguments of this term, which will take place in April this month, with the new Justice Gorsuch on the bench. |
| 1:41.1 | Trinity Lutheran Church of Columbia, V. Comer, is sometimes described as a fight over |
| 1:45.9 | something that is itself kind of silly, the repurposed rubber stuff that covers hard playground |
| 1:51.2 | surfaces, so the small children don't bunk their heads when they're coming down the slides. |
| 1:56.2 | But the playground surface stuff in this case actually carries pretty high stakes. So high, in fact, |
... |
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