John Roberts, Steve Vladeck, Jonathan discussed on The Hugh Hewitt Show: Highly Concentrated


Stake with the rest of the term. Very short live weeks. Not months ahead of us. Yeah we've got seventeen more decisions. We expect you argue paces which should be noted is. We're going to have the second. Us decisions to argue cases since it seems sixty two. That's an interesting development. That doesn't get enough attention. Obviously we're you know we're we're not up for big position on the aca. There's a major religious liberty case out of philadelphia There's i think an under the radar but really important voting rights case out of arizona. We're going to get all this decision sometime between now and july now. Jonathan rundown those. You persuaded me. Daca for conservatives who hope it is a reversal of the famous. Robert's decision What what are you predicting on these three cases in why well i on the aca. The afc will not be struck down. The real question is how they get their on religious liberty case in philadelphia. The catholic service organization will win. The question is whether or not the supreme court overturns the smith decision which would increase the scrutiny that has applied to government policies that have the effect of excluding religious organizations or or discriminating against religious organizations. So that's what that's what i predict. They're voting rights case. I think similar arizona's laws in my view a rule against About harvesting and A rule on how unbound when ballots are thrown out for being catching the wrong precinct. I think those provisions will be upheld as not being violations of the voting rights. Act the real question is how far the court goes in narrowing. The extent of scrutiny is applied to state measures that are challenged the voting rights act. Now do you agree with those guesses and by the way for the audience The religious freedom restoration act is not a prohibition on getting to smith in the philadelphia case. Because it's a city regulation not a federal. Go ahead steve. What are your predictions. And do you agree or disagree with johnson. I don johnson's right. The devils are gonna be in the details and the aca. How much up the statutes do they ever If they find individual mandate to now be unconstitutional Do they go after smith etc. So you know she likes him. The key is not. The bottom line is but the specifics. I think that's also stressed in two other related points closer than a look at the next couple of weeks of the be all end all of the term. I actually think we've already had was probably the most important decision. The court handed down this term in sort of pure docked finals firms Which is the free. Exercise clause case the court decided on a shadow docket involved in california's of in-home gathering with restrictions. And the other piece. You is you know this term is going to be a big deal next hermit shaping up to be a blockbuster i mean we've already got grants on the second amendment on pretty frontal assault on roe. You know the court. Just ask the federal government. The other day to weigh in on this really high-profile harvard affirmative action case. So i think you know this time next year. We're going to be underwater with major supreme court decisions and the right up to the twenty twenty two bitter. I agree with that by the way. That's why i don't think stephen briers retiring it'll be the most consequential term of the last twenty jonathan. We look forward on the harvard case. I m praying that they grant cert on my alma maters practices. I don't know that they will asking the biden. Justice department was clever because it makes them get on the record when otherwise they might have just blame the trump administration. What do you think happens there. i think the court is probably likely to take it but i think it will be a while. I don't think it's going to be part of next term. I think it'll probably get onto the following term. I think between guns and abortion the justice justice might think you're dealing with enough red meat for a single term next year steve. What i i think using harvard as the platform as opposed to your own university where you're teaching and ut was the last time round on this issue of affirmative action. John roberts is ready to do this. Heat declared it seattle. The answer to the ritual discrimination is to stop using racial discrimination. I think he's probably at the bit. What are you convinced you because of that all important public private system i mean the the theory on which policies are illegal as opposed to unconstitutional requires a very different line of legal analysis about the relevant federal statutes As opposed to in the seattle case you know in michigan cases. Before chief justice roberts joined the court where we're talking about the meaning of the equal protection clause. So i guess you know. I'm i'm not as Sort of convinced That the court would be taken this stripe down all even private university. Affirmative action policies I do think that you know the the one message that monday's action calling for the views of the acting solicitor. General clearly said is that this is not just a case. they're gonna you know duck. They're really interested even if they're willing to stretch it out a couple years last quick question. I must compliment tour both just as good as but faster than eastman shimmeran scale of that. I love speed speed. Doesn't kill it thrills. A radio audience does brier retire. Jonathan alder No i think he wants one. More year steve vladeck is briar retire.

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