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Advisory Opinions

Supreme Court Narrows 2020 Ruling on Tribal Lands

Advisory Opinions

The Dispatch

News, Politics, Government

4.83.6K Ratings

🗓️ 30 June 2022

⏱️ 55 minutes

🧾️ Download transcript

Summary

On Wednesday, the Supreme Court ruled that Oklahoma state authorities can prosecute non-Indians who commit crimes against Indians on Indian reservations. Narrowing its 2020 decision in McGirt v. Oklahoma. David and Sarah then debate the case for prosecuting Donald Trump after this week’s surprise January 6 hearing. They also look at a surprising death penalty decision from last week.

Transcript

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0:00.0

You ready?

0:02.0

I was born ready.

0:04.0

Welcome to the Advisory Opinions Podcast. I'm David French with Sarah Isger.

0:24.0

Sarah, we've got more Scotus stuff to talk about. Well, there's actually so much Scotus stuff to talk about that we're not going to be able to get to it all.

0:36.0

But we're going to get to as much as we can. So we're going to talk about a new case handed down today.

0:41.0

Fascinating case where Justice Gorsuch joined the three progressive justices in a descent.

0:49.0

And we'll give you one guess, one guess as to what the topic was that led him to descent with the three progressive justices.

0:56.0

Then we will talk about the January 6th commission from a legal standpoint, not the political stuff that we talked about on Dispatch Live last night.

1:05.0

Plug for Dispatch Live, which I thought was a really good discussion from a legal standpoint, whether the legal, whether any of the evidence that was disclosed yesterday or alleged by Cassie Hutchinson,

1:18.0

Mark Metta's former aide was legally significant for a potential Trump prosecution, some Scotus Pope Marie.

1:27.0

And if we have time, then we're going to talk about a well regulated militia.

1:35.0

So Sarah, do you want to start us off with some scotus?

1:39.0

Yes. So first of all, we finally got an announcement tomorrow, David Thursday.

1:48.0

It's the final hand down.

1:51.0

Okay. So that means tomorrow, we will get the EPA case on climate change.

1:59.0

This will be a big decision, I think, on who has the power. Congress or the executive branch.

2:06.0

And the migrant protection protocols case, we are still waiting on. That's an immigration case, although frankly, we're kind of expecting that to be 90.

2:14.0

It was the last case to argue. That's why I think it's hanging on until the end here. The EPA case, I actually just expect to be really long.

2:21.0

But today, we got a state sovereign immunity case. And who doesn't love state sovereign immunity? Actually, everybody is super interesting.

2:32.0

This is when you can sue a state under the Constitution. You actually can't sue a state.

2:38.0

We've talked about this in the abortion context and that Texas SB 8 law. That's why they created that because there was no one to sue.

2:47.0

You can't sue the state of Texas. You have to sue an enforcing official.

...

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