cover of episode Election Anxiety: How the Outcome Could Affect SCOTUS’s Docket

Election Anxiety: How the Outcome Could Affect SCOTUS’s Docket

2024/11/4
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Strict Scrutiny

Key Insights

Why is the outcome of the election significant for the Supreme Court's docket?

The election could influence the Supreme Court's personnel and the administration's stance on cases like Scrimeti (gender-affirming care for minors) and ghost guns, potentially leading to changes in federal government positions and legal strategies.

What is the potential impact of a second Trump presidency on abortion rights?

A second Trump presidency could result in an abortion ban without congressional action, enforcement of the Comstock Act, and reversal of FDA approval for Mifepristone, significantly restricting abortion access.

How might the election affect the ongoing DACA case?

A Trump administration might rescind DACA through notice and comment rulemaking, potentially putting the litigation on hold and leading to the program's eventual termination.

What was the Supreme Court's decision regarding Virginia's voter roll purges?

The Supreme Court allowed Virginia to continue purging voter rolls within 90 days of an election, overruling a lower court's decision that this violated the National Voter Registration Act.

What did the Pennsylvania Supreme Court decide regarding provisional ballots?

The Pennsylvania Supreme Court ruled that voters whose absentee ballots were disqualified due to errors could cast provisional ballots, aligning with most counties' practices.

How did Justice Alito's separate opinion in the Pennsylvania case signal potential future actions?

Alito's opinion suggested that the court might use the independent state legislature theory to intervene in future election-related cases, despite not doing so in this instance.

What was the Fifth Circuit's stance on the standing of Texas in the DACA case?

Judge Higginson questioned Texas's standing, noting the lack of evidence that DACA recipients would leave the U.S. if the program ended, and invoked the Supreme Court's decision in United States v. Texas.

What are the key cases the Supreme Court will hear in its upcoming November sitting?

Cases include EMD Sales v. Carrera (burden of proof under the Fair Labor Standards Act), Velazquez v. Garland (calculating voluntary departure deadlines), and Delegati v. United States (defining violent felonies under ACCA).

Chapters

The hosts discuss Justice Alito's recent connections with European royalty, including his friendship with Princess Gloria von Thurn und Taxis and his knighthood by the Constantinian Order of St. George.
  • Justice Alito's friendship with Princess Gloria von Thurn und Taxis.
  • Alito's knighthood by the Constantinian Order of St. George.
  • Potential ethical concerns and political implications of these connections.

Shownotes Transcript

After diving deep on a wild story) about Justice Alito palling around with a German princess, Melissa, Kate, and Leah take a look at pending SCOTUS cases, including some that could be affected by the outcome of the election. They also take a look at a crucial case in the 5th circuit about Deferred Action for Childhood Arrivals (DACA).