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Advisory Opinions

The Shadow Docket

Advisory Opinions

The Dispatch

News, Government, Politics

4.7 • 4K Ratings

🗓️ 26 February 2021

⏱️ 69 minutes

🧾️ Download transcript

Summary

Supreme Court Justice Clarence Thomas made headlines last week for his dissent to the majority’s denial of cert in Republican Party of Pennsylvania v. Veronica Degraffenreid. Even though his dissent mainly focused on the mootness of the case, many media outlets seized on the opportunity to mischaracterize Justice Thomas’ argument by claiming he promoted President Trump’s baseless voter fraud claims. After Sarah and David give us their spiel about how media outlets often botch Supreme Court coverage, University of Chicago Law professor William Baude joins today’s show for an extremely nerdy conversation about the Supreme Court’s shadow docket that you won’t want to miss. Show Notes: -Republican Party of Pennsylvania v. Veronica Degraffenreid. -“Dissent by Justice Thomas in election case draws fire for revisiting baseless Trump fraud claims” by Mark Joseph Stern in Slate. -“Clarence Thomas Promotes Trump’s Voter Fraud Lies in Alarming Dissent” by John Fritze in USA Today. -“Foreword: The Supreme Court's Shadow Docket” by William Baude in the New York University Journal of Law & Liberty. -Feb. 18 House Judiciary Committee hearing on the Supreme Court’s shadow docket. -Supreme Court Practice by Eugene Gressman. -South Bay United Pentecostal Church v. Newsom. -Fulton v. City of Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices

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. This is a good one. This is a good one. We have just finished recording a discussion of the Supreme Court shadow docket that you will not want to miss. This is a good one.

0:32.0

Fantastic discussion with the University of Chicago professor will bow and I'm just going to tease it like this.

0:42.0

The nerd Supreme Court nerd singularity was achieved in the middle.

0:48.0

Towards the end of the discussion, I'm going to tell you this listeners. I had trouble following it.

0:58.0

Sarah and Will got into such a discussion, such a discussion grounded in the minutiae of Supreme Court procedure that I was sitting there at one point I put my head in my hands because I'm my head hurt as I was trying to follow it.

1:16.0

So I'm going to tell you this. This is one of the features of this podcast. You're going to feature not a bug feature. I said feature.

1:24.0

Yeah, you're going to be in the elite of the elite of the elite in the United States of America in understanding Supreme Court procedure after you've listed to this podcast.

1:34.0

Don't you think that's a fair assessment?

1:36.0

Yeah, I'm not sure that he meant it as a compliment, but at the end you will hear a Chicago law professor now Chicago laws known as sort of the nerdiest of the law schools.

1:46.0

A Chicago law professor. So the leader of the nerdiest law school say that this is the nerdiest hour he has had in a long time.

1:54.0

Wow. Yeah. Wow. Yeah. Yeah. This would be like the brigade commander of the nerd brigade saying this.

2:03.0

I've yet to see such an artery. But again, feature not a bug.

2:09.0

Number two, because we had such a good time talking, I'm going to have to apologize. We're going to push a little bit two of our discussions that we promise for today.

2:19.0

One is we're going to discuss a request for the Supreme Court to hear a challenge to the all male military selective service registration, which is a very interesting topic.

2:30.0

We're also going to push until the next podcast, the discussion of another request the Supreme Court to determine whether a single use of a racial slur can constitute hostile environment harassment.

2:44.0

And this was, I'm looking forward to this discussion because we're going to clear up a lot of stuff that people just don't understand about workplace harassment law.

2:53.0

But we're substituting in those two things for something better for this podcast and something a lot of readers have asked us about and that is Justice Thompson's descendant from the denial of cert in the challenge to Pennsylvania election law changes prior to the 2020 election.

3:12.0

And we have things to say, Sarah. We have things to say. Do you want to set it up?

3:18.0

So this was the, I mean, we talked about this case a few times, the Pennsylvania case where they're alleging that because the Pennsylvania courts changed the mail and ballot rules to accept mail and ballots after election day that that violated what the state legislature had said.

3:39.0

And therefore that violated the constitutional guarantee that the elections would be set the manner of the elections would be set by the state legislature.

...

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