Jonathan, John Roberts, Stephen Breyer discussed on Hugh Hewitt


Of scrutiny that is applied to state measures that are challenged under the Voting Rights Act. Now, Steve, Do you agree with those guesses? And by the way for the audience, the Religious Freedom Restoration Act is not prohibition on getting to Smith in the Philadelphia case, because it's a city regulation, not a federal one. Go ahead, Steve. What are your predictions? And do you agree or disagree with Johnson? I met him. Jonathan. Jonathan is right. I think the devil is going to be in the details in the case. How much of the statute to this ever if they find the individual mandate to now be unconstitutional? Do they go after Smith? Etcetera. So you know here I think I think the key is not the bottom lines of these cases, but the specifics. I think it's also worth stressing, you know. Two other related point spokeswoman to Look at The next couple weeks. That's sort 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 and sort of pure doctrinal terms, which is the Free exercise clause case. The court decide on its shadow docket involved in California's got been home gathering restrictions and the other piece you is, You know, this term is going to be a big deal. Next term is shaping up to be a blockbuster. I mean, we've already got grants on The second Amendment on a pretty frontal assault on row. You know, the court just asked 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. Going to be underwater with major Supreme Court decisions in the run up to the 2022 bid terms. I agree with that, by the way, that's why I don't think Stephen Breyer is retiring. It will be the most consequential term of the last 20 Jonathan as we look forward on the Harvard case. I am praying that they grant cert on my alma moderate 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 I think it will probably get a punt it to the following term. I think between guns and abortion The justice justices might think you're dealing with enough red meat for a single term next year. Steve. What do I think? Using Harvard as the platform as opposed to your own university, where you're teaching and you T was the last time around on this issue of affirmative action. John Roberts is ready to do this. He's declared it in Seattle. The answer to the ritual discrimination is to stop using racial discrimination. I think he's probably at the bit. What do you think? I guess I'm less convinced you because of that all important public private distinction, right. The theory on which Harvard's 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 million of the equal protection clause, So I guess you know, I'm I'm not as um, sort of convinced that the court would be taken this to strike down all even private university affirmative action policies. Um, as you can so 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 the case. They're going to duck. Um they're currently interested even if they're willing to stretch it out a couple years last quick question. I must compliment you. You two are both, uh, just as good as but faster than he's been in shimmering scale of that l of speed. Speed doesn't kill it Thrills a radio audience Does Breyer retired Jonathan Alder. Uh, no. I think he wants one more year. Steve Vladeck is Briar retired. Yes, but not till August. Wait a minute. Why? Sort of, you know, to throw everyone for a loop. It would be vintage prior. Yeah. Jonathan and Steve. Thank you. Smart guys. Two point. Oh, they'll be back. And I think you like them because they are fast. They're smart. They're funny, and they're polite. Which is the essence of smart guys. One in two point. Oh, and by the way, Jonathan Irwin will be back. But you just can't get him up. I mean, really, that you'd think it was the end of the world to get them out of bed. 46 a M. But that's the way they are. Let me now turn to sponsor of this show and not just great segments like smart guy to point out and 2.1..

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