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

Religious Liberty v. COVID

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

The Heritage Foundation

Government

4.5527 Ratings

🗓️ 26 November 2020

⏱️ 32 minutes

🧾️ Download transcript

Summary

This week the Court gave advocates a Thanksgiving break from oral arguments, but our favorite black-clad gang of nine gave us a few new cases. With Amy out this week, our colleague Zack Smith fills in to discuss those cases. GianCarlo interviews Professor Josh Blackman to discuss the status of religious-liberty challenges to COVID-19 restrictions, the confusion caused in the lower courts by the Chief's opinion in South Bay United Pentecostal Church, and what the Court is likely to do with the two new religious-liberty challenges now pending. Lastly, Zack tries to stump GianCarlo with Thanksgiving themed SCOTUS trivia.


You can read Professor Blackman's two articles here and 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.

0:05.7

I'm Amy Swearer.

0:07.1

And I'm John Carlo Conoparo.

0:08.7

And welcome to SCOTUS 101, where we break down what's happening at the Supreme Court,

0:13.9

what the justices are up to, and other things related to our favorite branch of government. Welcome to another episode of SCOTUS 101.

0:25.0

This week I'm joined by my friend and me center colleague, Zach Smith, who's filling in for

0:29.6

Amy.

0:30.6

Thanks so much for letting me join you today, G.C. I appreciate the opportunity to be here.

0:34.6

Wow, thank you for joining us.

0:36.6

So this week, the court is, once again, not holding oral arguments, but it did decide to consider

0:43.3

two new cases later in the term.

0:45.3

The first case is Kenealya v. Strom.

0:48.3

Now, this case concerns the so-called community caretaking exception to the Fourth Amendment's warrant

0:55.0

requirement and will decide whether that exception applies to the home. The community caretaking

1:01.0

exception allows police to undertake a warrantless search or seizure if they are exercising so-called

1:07.0

caretaking functions that are unrelated to investigating crimes.

1:15.9

So, for example, in the case that created this exception, Katie v. Dombrowski,

1:20.1

the police were allowed to conduct a warrantless search of a car trunk that was conducted incident towing the car after it was involved in an accident.

1:25.2

In this case, police entered Mr. Canelia's home after his wife called

1:29.4

them and asked them to perform a wellness check on him. Once inside, they seized his guns,

1:34.3

believing that he might be a danger to himself or others. He subsequently sued the police,

1:38.9

but the trial court invoked the community caretaking doctrine and dismissed the case. This was upheld on appeal,

...

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