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Advisory Opinions

Title VII: Originalism vs. Textualism

Advisory Opinions

The Dispatch

News, Government, Politics

4.74K Ratings

🗓️ 15 June 2020

⏱️ 79 minutes

🧾️ Download transcript

Summary

The Supreme Court declined to take up new cases dealing with gun rights and qualified immunity. The court ruled that federal anti-discrimination laws protect gay and transgender employees. Lines are drawn on originalism vs. textualism. David and Sarah have thoughts. Show Notes: -Supreme Court cert denials -Supreme Court Bostock opinion -Sarah's guide to the top 10 cases -Sarah's SCOTUS glossary 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 on a huge or should I say huge law day Sarah?

0:29.0

My goodness.

0:32.0

I was talking to Chris Assault to see Anderson one of my favorite humans and you know she was asking how the day was and I was like

0:41.0

Kristen imagine as a pollster if the Des Moines register poll had actually come out like it was supposed to this year in a presidential election and it you know it was all the things that you know nobody quite expected but kind of expected.

0:55.0

I was like that's what today's like for me.

0:58.0

Oh my goodness. I mean we're going to walk through this but let me just put it this way if you are if you are conservative and you voted for the president of the United States expecting to receive specific judicial outcomes and we're going to we're going to talk about why use the term outcomes and emphasize it so much.

1:18.0

This was not your day today.

1:22.0

This was not even close to your day today if you are politically conservative in the sense that again I'm talking politically versus judicially we're going to get into all of this but if you're if there are certain conservative outcomes that you wanted.

1:38.0

This was a bad day for you now we'll get into a started at 9 30 in the morning.

1:45.0

Oh yes. Oh did it.

1:48.0

Sarah you didn't have to wait till 10 a.m. when the opinions come out today and you know plug for the piece I wrote you know for Mondays and Thursdays it looks like from this point forward for the rest of July of June we're going to be getting opinions at 10 a.m.

2:03.0

But you get the orders cert grants cert denials at 9 30 a.m.

2:09.0

Which obviously David and I monitor for you very closely. Yes.

2:13.0

So at 9 30 today in a I I was stunned David I don't know what your reaction was but you know at 9 30 we get the you know big order list it is it was 57 pages and you know you got to get through 57 pages to figure out what they actually granted there was a CVS G there was a

2:32.0

two grants like none of them were particularly interesting to me and so I'm just you know taken the long down the 57 pages and then you realize what happened in the cert denial section and then the dissent from denial section they denied all of the second amendment and qualified immunity pending cert petitions.

2:57.0

Whoa Thomas has a dissent from denial.

3:03.0

A Kavanaugh joining on the second amendment New Jersey case and Thomas has a dissent from denial on qualified immunity as well.

3:13.0

We've got to start there David because it started off the whole morning it was like you know.

3:18.0

And don't forget the cert denial on the appeal from the night circuit about California sanctuary loss.

3:26.0

Oh my gosh you're so right.

...

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