The Supreme Court Term No One Expected
At Liberty
At Liberty
4.8 • 585 Ratings
🗓️ 10 July 2020
⏱️ 19 minutes
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| 0:00.0 | From the ACLU, this is at Liberty. I'm Molly Kaplan, multimedia director at the ACLU, and your host for this special episode. |
| 0:13.6 | The Supreme Court term just came to a dramatic close. We saw wins for LGBTQ plus rights, DACA recipients, abortion rights, Native American tribal |
| 0:23.5 | authority, and a vindication that executive privilege is not absolute. |
| 0:28.4 | But it wasn't all good news. The court issued a blistering rebuke on the rights of asylum |
| 0:33.2 | seekers to have their day in court. We are here with ACLU legal director and experienced Supreme |
| 0:38.6 | Court litigator, David Cole. He will help us make sense of the terms wins and losses and preview |
| 0:44.5 | what's to come in the fall. David, welcome to the podcast. Thanks for having me. So first out of the |
| 0:50.9 | gate, can you recap the cases we were watching closely and tell us how they were decided? |
| 0:55.5 | So you sort of did it in the intro, but, you know, it is kind of remarkable. |
| 1:00.9 | We began this term with a very, very conservative court, with facing decisions on abortion, LGBT rights, immigration, Trump's tax records. |
| 1:15.8 | And I think many people feared that we would see at the end of the term a series of five to four |
| 1:21.9 | decisions in which the Republicans stuck together and the Democrats stuck together. |
| 1:26.8 | And the liberal side lost every one of those |
| 1:31.0 | controversial issues. And in fact, when we look back, the liberal side won. Most of the |
| 1:37.2 | controversial issues with one or more conservative justices parting company from his |
| 1:43.4 | conservative colleagues and joining with the |
| 1:45.5 | liberals. Gorsuch and Roberts did that on LGBT rights. Roberts did it in the abortion case and in the |
| 1:52.2 | DACA case. Gorsuch did it on Native American land rights. And then in the Trump cases, Trump lost, at least with respect to the grand jury |
| 2:03.8 | subpoena case, seven to two, with the four liberals, Chief Justice Roberts, and Trump's two |
| 2:11.7 | picks, Gorsuch and Kavanaugh, ruling against Trump. Let's look at the wins a little |
| 2:16.8 | more closely. |
| 2:21.3 | Some have expressed reserve in claiming full victory. |
... |
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