I'm Brian Lerer. This is my daily politics podcast from WNYC Studios. It's Tuesday,

December 1st. As we turn the page on the calendar today to the month of December,

New York State is above a 4.2% coronavirus positivity rate

for the first time since May 20th, and we're headed toward March and April numbers going

backwards, both in cases and in time, definitely going in the wrong direction. But thanks to the

Supreme Court, Governor Cuomo and governors of all the

states have one less tool in their tool kits for preventing further spread. That's because the

court has canceled, at least for now, the way Cuomo was restricting indoor attendance at

religious institutions. We'll consider the arguments in that case.

Then there's the case before the court simply called Trump v. New York. That could be the title

of a book about his entire presidency, right? But this Trump v. New York is a specific case

the Supreme Court heard yesterday. It's about Trump wanting to exclude many

New Yorkers and people from every state from the census count based on their immigration status,

even after they've submitted their census forms. And for Democrats not ready to exhale,

and Republicans not ready to concede. There's the unknown this morning

of whether the Supreme Court will do what lower courts have so far refused to do and throw out

millions of Pennsylvania votes, not based on specific claims of anyone committing voter fraud,

but on the structure of how the election was run. Yet another case like that is being filed in

Wisconsin today. Yes, Yogi, the election ain't over till it's over. With us now, Emily Bazelon,

New York Times Magazine, Supreme Court Watcher, Slate Political Gap Fest Politics Watcher, Truman Capote

Fellow for Creative Writing and the Law at Yale,

and author of Charged, the new movement to transform American prosecution and end mass incarceration.

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