1 00:00:00,120 --> 00:00:02,480 Speaker 1: At the beginning of its term. This month, the Supreme 2 00:00:02,480 --> 00:00:06,240 Speaker 1: Court was scheduled to hear two cases challenging President Trump's 3 00:00:06,440 --> 00:00:10,320 Speaker 1: travel ban, which he had issued earlier this year. After 4 00:00:10,360 --> 00:00:14,160 Speaker 1: President Trump issued what is the third version of that ban, 5 00:00:14,480 --> 00:00:18,079 Speaker 1: uh not too long ago. The Court dismissed one of 6 00:00:18,120 --> 00:00:21,200 Speaker 1: the challenges that was about two weeks ago, and yesterday 7 00:00:21,239 --> 00:00:24,160 Speaker 1: had dismissed the other and vacated a lower federal appeals 8 00:00:24,160 --> 00:00:27,400 Speaker 1: court's ruling against the band. But in other newer cases, 9 00:00:27,440 --> 00:00:31,120 Speaker 1: federal judges have already issued orders in joining this newest 10 00:00:31,200 --> 00:00:33,800 Speaker 1: version of the president's orders. Here to talk with us 11 00:00:33,800 --> 00:00:36,760 Speaker 1: about what the Supreme Court did and what we can 12 00:00:36,800 --> 00:00:41,400 Speaker 1: expect going forward, is our Bloomberg Law co host and 13 00:00:41,640 --> 00:00:47,920 Speaker 1: Bloomberg Supreme Court reporter Greg Store. Greg. The Court had 14 00:00:47,960 --> 00:00:51,120 Speaker 1: this issue squarely before it about the president's powers to 15 00:00:51,200 --> 00:00:53,720 Speaker 1: issue this sort of this sort of order and whether 16 00:00:53,840 --> 00:00:57,280 Speaker 1: the um you know, whether there could be constitutional statutory 17 00:00:57,360 --> 00:01:00,240 Speaker 1: challenges to it, and now it's dismissed both case. Is 18 00:01:00,360 --> 00:01:04,800 Speaker 1: was this expected? Yeah, Michael, this was expected, certainly foreshadowed 19 00:01:04,800 --> 00:01:07,240 Speaker 1: by the Court dismissing the other case a couple of 20 00:01:07,280 --> 00:01:11,000 Speaker 1: weeks ago. Basically, it's because the case that was before 21 00:01:11,040 --> 00:01:13,840 Speaker 1: the Court was about this temporary policy that has now 22 00:01:13,880 --> 00:01:18,880 Speaker 1: completely expired. The last provision of it involving restrictions on 23 00:01:18,959 --> 00:01:23,440 Speaker 1: refugees expired yesterday, and the Trump administration has now put 24 00:01:23,480 --> 00:01:26,960 Speaker 1: in place a different policy that allows some refugee admissions 25 00:01:26,959 --> 00:01:29,560 Speaker 1: but with some pretty strict screening rules. So there wasn't 26 00:01:29,560 --> 00:01:31,759 Speaker 1: anything left for the Supreme Court to decide in this 27 00:01:31,800 --> 00:01:36,320 Speaker 1: particular case. So greg the Court also vacated the decision, 28 00:01:36,440 --> 00:01:39,240 Speaker 1: the decision under appeal, which was from the United States 29 00:01:39,240 --> 00:01:41,920 Speaker 1: Court of Appeals for the Ninth Circuit, meaning it can't 30 00:01:41,959 --> 00:01:46,839 Speaker 1: be used as precedent and dissented from that. Can now 31 00:01:46,959 --> 00:01:51,640 Speaker 1: the administration use that to try to block in some 32 00:01:51,680 --> 00:01:55,480 Speaker 1: way the order by the Honolulu judge which relied on 33 00:01:55,520 --> 00:01:58,040 Speaker 1: the Ninth Circuit. Yeah, they certainly could try to do 34 00:01:58,080 --> 00:02:01,080 Speaker 1: that June. Now they've already appealed that ruling. So exactly 35 00:02:01,120 --> 00:02:04,320 Speaker 1: where that would play out is in clear um. Certainly 36 00:02:04,400 --> 00:02:06,960 Speaker 1: one would expect that to come up to some degree. 37 00:02:07,480 --> 00:02:11,400 Speaker 1: That being said, even without that precedent, Uh, there's not 38 00:02:11,440 --> 00:02:13,120 Speaker 1: a whole lot of reason to think that either the 39 00:02:13,160 --> 00:02:16,120 Speaker 1: district judge or the Ninth Circuit would really view the 40 00:02:16,160 --> 00:02:19,800 Speaker 1: case differently. Remember, Uh, these are uh, two courts that 41 00:02:20,320 --> 00:02:23,240 Speaker 1: already ruled on the earlier policy and and already have 42 00:02:23,360 --> 00:02:26,840 Speaker 1: some some views about whether what the president did uh 43 00:02:27,440 --> 00:02:31,040 Speaker 1: is legal. So Greg, with the court having you know, it, 44 00:02:31,040 --> 00:02:34,040 Speaker 1: seems to have been clearing the way here for the 45 00:02:34,120 --> 00:02:36,960 Speaker 1: lower courts to continue looking at this. What what do 46 00:02:37,080 --> 00:02:40,160 Speaker 1: we know is going to happen now as it winds 47 00:02:40,160 --> 00:02:44,240 Speaker 1: through the courts? Well, Uh, it's now before two federal 48 00:02:44,280 --> 00:02:47,360 Speaker 1: appeals courts. The administration has appealed the two district judge 49 00:02:47,440 --> 00:02:50,359 Speaker 1: orders there, and so the next action probably will be there, 50 00:02:50,440 --> 00:02:53,239 Speaker 1: unless the Ninth Circuit decides to kick it back to 51 00:02:53,320 --> 00:02:56,840 Speaker 1: Judge Watson along the lines of what Joma was suggesting. Um, 52 00:02:56,960 --> 00:03:00,400 Speaker 1: it may come back up to the Supreme Court fairly quickly. Uh. 53 00:03:00,440 --> 00:03:03,680 Speaker 1: You know, at the moment, this is all emergency stuff, 54 00:03:03,800 --> 00:03:06,799 Speaker 1: and one could imagine if those lower courts refused to 55 00:03:06,880 --> 00:03:09,360 Speaker 1: let the policy of the travel ban go into effect, 56 00:03:09,800 --> 00:03:12,320 Speaker 1: you could see the the Trump administration coming back to 57 00:03:12,360 --> 00:03:15,320 Speaker 1: the Supreme Court very quickly, and so within really a 58 00:03:15,360 --> 00:03:18,840 Speaker 1: matter of weeks we could get more Supreme Court action. So, 59 00:03:18,919 --> 00:03:22,080 Speaker 1: speaking of Supreme Court action, the justices are back in 60 00:03:22,120 --> 00:03:25,560 Speaker 1: action next week. What are some of the One of 61 00:03:25,560 --> 00:03:28,520 Speaker 1: the big cases coming up, well, the biggest case that 62 00:03:28,600 --> 00:03:31,480 Speaker 1: they have coming up in this next round of arguments 63 00:03:31,480 --> 00:03:33,920 Speaker 1: they hear arguments over the course of two weeks is 64 00:03:33,960 --> 00:03:36,400 Speaker 1: one that will actually be the following week and has 65 00:03:36,480 --> 00:03:41,560 Speaker 1: to do with Ohio rules UH that purge people from 66 00:03:42,040 --> 00:03:46,840 Speaker 1: the voter registration rules if they haven't voted in several 67 00:03:46,920 --> 00:03:50,560 Speaker 1: years and don't respond to a notice. Groups are challenging that, 68 00:03:50,640 --> 00:03:54,000 Speaker 1: saying it's UH a form of voter suppression and in 69 00:03:54,120 --> 00:03:57,400 Speaker 1: violation of federal law. Of the federal law that we 70 00:03:57,760 --> 00:04:01,840 Speaker 1: commonly call the motor voter law says that you cannot 71 00:04:02,160 --> 00:04:05,880 Speaker 1: states cannot take somebody off the rolls up because they 72 00:04:05,920 --> 00:04:10,920 Speaker 1: didn't vote. Greg You know, the question of voter participation 73 00:04:11,040 --> 00:04:13,080 Speaker 1: and gerrymandering and all the things that go into our 74 00:04:13,080 --> 00:04:17,320 Speaker 1: elections has become quite partisan over the last few years. 75 00:04:17,440 --> 00:04:19,760 Speaker 1: Does the court breakdown, I mean, I know it's hard 76 00:04:19,800 --> 00:04:22,640 Speaker 1: to read he leaves even advance of arguments, But does 77 00:04:22,680 --> 00:04:25,239 Speaker 1: the court breakdown in the same sort of liberal versus 78 00:04:25,240 --> 00:04:28,080 Speaker 1: conservative way on voting matters as we expect that a 79 00:04:28,080 --> 00:04:31,000 Speaker 1: lot of the controversial issues and not in every case, Michael, 80 00:04:31,040 --> 00:04:33,839 Speaker 1: but generally yes, when there's gonna be a fault line. 81 00:04:34,320 --> 00:04:37,480 Speaker 1: It is that that usual fault line that has the 82 00:04:37,480 --> 00:04:40,599 Speaker 1: courts Democratic appointees on one side, there four of them, 83 00:04:40,720 --> 00:04:43,880 Speaker 1: and the courts Republican appointees on the other side. And 84 00:04:44,160 --> 00:04:48,800 Speaker 1: occasionally the Democratic appointees can win over either Anthony Kennedy 85 00:04:48,880 --> 00:04:51,760 Speaker 1: or John Roberts. But in general, yes, this is an 86 00:04:51,760 --> 00:04:54,120 Speaker 1: issue that divides the Court much like it divides to 87 00:04:54,120 --> 00:04:57,040 Speaker 1: the rest of the country. Anthony Kennedy has the swing vote. 88 00:04:57,040 --> 00:05:00,279 Speaker 1: What a novel and unique situation. Shock the I say, 89 00:05:00,320 --> 00:05:03,080 Speaker 1: Supreme Court, you never see that happen. Thank you to 90 00:05:03,160 --> 00:05:06,360 Speaker 1: Greg's store, our Bloomberg Law co host and Bloomberg News 91 00:05:06,400 --> 00:05:08,320 Speaker 1: Supreme Court reporter for being with us here on the 92 00:05:08,320 --> 00:05:11,200 Speaker 1: show today. Coming up on Bloomberg Law, we're gonna be 93 00:05:11,240 --> 00:05:14,440 Speaker 1: talking about the Department of Justice guidance on so called 94 00:05:14,640 --> 00:05:17,800 Speaker 1: sneak and peak warrants, in which the government for years 95 00:05:17,800 --> 00:05:20,560 Speaker 1: now has been asking computer companies not to tell you 96 00:05:20,600 --> 00:05:22,440 Speaker 1: when or ordering them not to tell you when they 97 00:05:22,520 --> 00:05:25,280 Speaker 1: get search warrants for your data and information that's stored 98 00:05:25,320 --> 00:05:27,719 Speaker 1: in the cloud. The Justice Department is cutting way back 99 00:05:27,720 --> 00:05:28,000 Speaker 1: on that