The podcast episode covers oral arguments on the No Fly List, confrontation clause, and government takings. They discuss upcoming cases on Chevron and Trump's immunity from prosecution. The hosts address concerns about the direction of the Court and Justice Thomas' potential participation in election overturn efforts.
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Quick takeaways
A president, if not impeached and convicted, could sell pardons, military secrets, or order the assassination of a political rival without facing criminal prosecution.
The Supreme Court may limit agencies' power to interpret ambiguous statutes, potentially overturning Chevron.
Judge Paul Watford's retirement highlights the need for new and younger nominees to protect the legacy of the bench.
Deep dives
The Fifth Circuit solidifies its reputation as America's worst Court of Appeals for voting rights
In an on-bong decision, the full Fifth Circuit stayed a panel opinion and halted a redistricting vote in Galveston, Texas. The court seeks to revisit its precedent on majority coalition district claims under the Voting Rights Act.
Trump's lawyer argues that the former president is immune from criminal prosecution
During the oral argument in the DC Circuit, Trump's lawyer conceded that a president, if not impeached and convicted, could sell pardons, sell military secrets, or even order the assassination of a political rival without facing criminal prosecution.
The DC Circuit pushes back against Trump's immunity argument
Judge Pan challenges Trump's lawyer on the claim that a president can only be prosecuted after impeachment and conviction. The judge asserts that a president can be prosecuted under certain circumstances, even without impeachment and conviction.
The future of Chevron deference hangs in the balance
The Supreme Court is set to hear cases that could limit the power of agencies to interpret ambiguous statutes. The conservative legal movement has long sought to overturn Chevron, and these cases may provide an opportunity to do so.
Texas' Anti-Immigrant Law Challenges Immigration Restrictions
Texas has enacted a strict anti-immigrant law, challenging the governing framework on states' ability to restrict immigration. The law is being challenged by the federal government, but with a potentially changed Supreme Court, the framework may be altered. Another development in expanding gun rights comes from a district court invalidating California's sensitive places law, claiming it violates the Second Amendment.
Judge Watford's Candidness and Retirement Decision
Judge Paul Watford, a former Ninth Circuit Judge, openly expressed concerns about the Supreme Court's direction, which contributed to his decision to step down. His viewpoint, along with that of Judge Finerman, who also retired, highlights a need for new and younger nominees to protect their legacy. This opportunity allows for diversity and rebalancing of the bench.
Melissa, Kate, and Leah recap oral arguments in cases about the No Fly List, the confrontation clause, and what qualifies as a government taking. They also preview the cases the Supreme Court will hear this week about Chevron, the doctrine that gives federal agencies the authority to interpret statues. Plus, they recap the arguments in the DC Circuit in which Trump argues he's immune from criminal prosecution (and in which his lawyer suggests he could freely use SEAL team 6 to assassinate a political opponent).