1 00:00:03,480 --> 00:00:07,560 Speaker 1: Welcome to the Bloomberg Law Podcast. I'm June Grosso. Every 2 00:00:07,640 --> 00:00:10,440 Speaker 1: day we bring you insight and analysis into the most 3 00:00:10,480 --> 00:00:13,399 Speaker 1: important legal news of the day. You can find more 4 00:00:13,480 --> 00:00:18,040 Speaker 1: episodes of the Bloomberg Law Podcast on Apple Podcasts, SoundCloud 5 00:00:18,320 --> 00:00:21,960 Speaker 1: and on Bloomberg dot com slash podcast. In a ruling today, 6 00:00:22,000 --> 00:00:24,480 Speaker 1: the Supreme Court left in place a block on an 7 00:00:24,520 --> 00:00:28,520 Speaker 1: Indiana law that barred abortions based on race, sex, or disability, 8 00:00:28,800 --> 00:00:31,560 Speaker 1: but made the first move toward giving states more power 9 00:00:31,720 --> 00:00:35,040 Speaker 1: to regulate abortion. Joining me as Bloomberg New Supreme Court 10 00:00:35,120 --> 00:00:38,960 Speaker 1: reporter Greg store So, Greg, tell us about these Indiana 11 00:00:39,159 --> 00:00:42,800 Speaker 1: laws and what the court decided. Yeah, June, as you said, 12 00:00:42,840 --> 00:00:46,919 Speaker 1: the law had two different components to it. One, uh, 13 00:00:47,200 --> 00:00:50,640 Speaker 1: just said that clinics, when they perform an abortion, have 14 00:00:50,800 --> 00:00:55,200 Speaker 1: to dispose of the aborted feat us either by burying 15 00:00:55,280 --> 00:00:59,720 Speaker 1: it or by cremation. And then the second provision had 16 00:00:59,720 --> 00:01:03,200 Speaker 1: to do with um selective abortions, and it it said 17 00:01:03,240 --> 00:01:06,920 Speaker 1: that if your sole reason for having an abortion was 18 00:01:07,400 --> 00:01:10,279 Speaker 1: because of a risk of a genetic disorder or because 19 00:01:10,319 --> 00:01:17,160 Speaker 1: of the sex or or race of the fetus, that 20 00:01:17,160 --> 00:01:20,560 Speaker 1: that was that was illegal. Um. The Supreme Court came 21 00:01:20,560 --> 00:01:24,080 Speaker 1: out differently on those two questions, reinstated the first the 22 00:01:24,120 --> 00:01:29,360 Speaker 1: first provision, and allowed the other provision to the lower 23 00:01:29,360 --> 00:01:32,399 Speaker 1: court ruling that struck down the other provision to stand well. 24 00:01:32,600 --> 00:01:36,280 Speaker 1: Should the fact that the Supreme Court split the decisions 25 00:01:37,000 --> 00:01:41,080 Speaker 1: make some pro abortion rights activists feel a little better. 26 00:01:41,480 --> 00:01:44,680 Speaker 1: I'm not sure I would say that's the case. Um. 27 00:01:44,720 --> 00:01:46,440 Speaker 1: The Supreme Court is going to have an awful lot 28 00:01:46,480 --> 00:01:50,600 Speaker 1: of abortion cases to choose from. Uh. It's still quite 29 00:01:50,640 --> 00:01:53,120 Speaker 1: likely the Court will take up a big and important 30 00:01:53,120 --> 00:01:56,600 Speaker 1: abortion case UH sometime in the next term. There are 31 00:01:57,080 --> 00:01:59,200 Speaker 1: a few penning ones, which we can talk about in 32 00:01:59,240 --> 00:02:03,360 Speaker 1: a minute. Perhaps the fact that the Court reached out 33 00:02:03,400 --> 00:02:07,920 Speaker 1: and summarily upheld this one provision involving fetal disposal, UM, 34 00:02:07,960 --> 00:02:12,200 Speaker 1: I think should be a sign of something that abortion 35 00:02:12,280 --> 00:02:14,800 Speaker 1: rights advocates should be concerned about. It is the Court's 36 00:02:14,840 --> 00:02:18,080 Speaker 1: new conservative majority flexing its muscles a little a little 37 00:02:18,120 --> 00:02:21,360 Speaker 1: bit on this controversial topic. Is it surprising, then, that 38 00:02:21,520 --> 00:02:25,960 Speaker 1: only two Justices Ruth Bader Ginsburg and Sonya Soto Mayor, 39 00:02:26,160 --> 00:02:30,720 Speaker 1: indicated disagreement with the ruling. Yeah, that's I don't know 40 00:02:30,760 --> 00:02:33,880 Speaker 1: if I would say it's a surprise. It's certainly very noteworthy. UM. 41 00:02:33,960 --> 00:02:37,160 Speaker 1: Justice Brier and Justice Kegan, two other liberals, are certainly 42 00:02:37,320 --> 00:02:41,520 Speaker 1: abortion rights supporters. Uh. They are also the two justices 43 00:02:41,520 --> 00:02:43,680 Speaker 1: on the left who tend to be more willing to 44 00:02:43,760 --> 00:02:49,160 Speaker 1: compromise to perhaps join an opinion, um if they can 45 00:02:49,280 --> 00:02:51,640 Speaker 1: can improve some of the wording in it, some of 46 00:02:51,680 --> 00:02:55,480 Speaker 1: the language in it. Uh, And they try to work 47 00:02:55,520 --> 00:02:59,320 Speaker 1: together with Chief Justice John Roberts when they can. Uh. 48 00:02:59,360 --> 00:03:03,160 Speaker 1: They apparently made a tactical decision in this case, or 49 00:03:03,200 --> 00:03:06,240 Speaker 1: seemingly made a tactical decision in this case that there 50 00:03:06,240 --> 00:03:09,880 Speaker 1: wasn't anything to be gained from dissenting, and perhaps behind 51 00:03:09,919 --> 00:03:13,440 Speaker 1: the scenes, Uh, they did change some of the wording 52 00:03:13,480 --> 00:03:16,760 Speaker 1: in the opinion so that it was a bit narrower 53 00:03:16,760 --> 00:03:19,240 Speaker 1: than it might have been. Let's talk about some of 54 00:03:19,280 --> 00:03:22,480 Speaker 1: the other cases. We've been talking about. A case involving 55 00:03:22,600 --> 00:03:27,040 Speaker 1: transgender students access to bathrooms before the Court, and the 56 00:03:27,120 --> 00:03:31,679 Speaker 1: Justice has decided not to take that case. Any indication why, Yeah, 57 00:03:31,880 --> 00:03:34,520 Speaker 1: they didn't give any indication why on this one. Uh, 58 00:03:34,920 --> 00:03:39,360 Speaker 1: this was a case where uh, non transgender students said 59 00:03:39,520 --> 00:03:43,640 Speaker 1: their rights were being violated, their constitutional privacy rights were 60 00:03:43,640 --> 00:03:47,520 Speaker 1: being violated because the school was letting transgender students. The 61 00:03:47,520 --> 00:03:51,280 Speaker 1: school district was letting transgender students UH use the bathroom 62 00:03:51,920 --> 00:03:58,160 Speaker 1: that corresponded with UH their gender identity. UH. The Supreme 63 00:03:58,200 --> 00:04:01,080 Speaker 1: Court did not make any comments in ejecting this appeal. 64 00:04:01,360 --> 00:04:04,840 Speaker 1: They just turned it away. There was, on the surface 65 00:04:04,880 --> 00:04:06,640 Speaker 1: of it, there wasn't a compelling reason for them to 66 00:04:06,760 --> 00:04:09,000 Speaker 1: take it. There wasn't one of these cases where lower 67 00:04:09,000 --> 00:04:13,240 Speaker 1: courts are in disagreement about it. UH. And UH, it's 68 00:04:13,280 --> 00:04:16,440 Speaker 1: perhaps not too surprising that the Court wanted to deduct 69 00:04:16,440 --> 00:04:19,520 Speaker 1: this particular hot button issue. They are going to take 70 00:04:19,640 --> 00:04:25,160 Speaker 1: up transgender rights in another context in the upcoming term. Yeah, 71 00:04:25,160 --> 00:04:27,240 Speaker 1: that's that's a good point. They are going to hear 72 00:04:27,600 --> 00:04:31,800 Speaker 1: a couple of cases involving job discrimination and whether federal 73 00:04:31,920 --> 00:04:36,560 Speaker 1: job bias law UH protects gay and transgender workers. That 74 00:04:36,760 --> 00:04:40,440 Speaker 1: law says you can't discriminate on the basis of sex. UH. 75 00:04:40,440 --> 00:04:44,000 Speaker 1: And in both cases, UH, lower courts are in some 76 00:04:44,080 --> 00:04:48,359 Speaker 1: disagreement as to whether UH that covers discrimination on the 77 00:04:48,360 --> 00:04:52,320 Speaker 1: basis of sexual orientation and discrimination on the basis of 78 00:04:52,400 --> 00:04:55,440 Speaker 1: gender identity. That will be one of the biggest, if 79 00:04:55,440 --> 00:04:58,120 Speaker 1: not the biggest case case the court here is next term. Now, 80 00:04:58,160 --> 00:05:01,480 Speaker 1: tell us about this case. The Justice has decided to 81 00:05:01,520 --> 00:05:05,360 Speaker 1: take about whether the parents of a Mexican teenager can 82 00:05:05,520 --> 00:05:09,960 Speaker 1: sue the American law enforcement agent who shot the teenager 83 00:05:10,000 --> 00:05:13,200 Speaker 1: from across the border. Yeah, this case might sound familiar 84 00:05:13,200 --> 00:05:15,760 Speaker 1: to people. The Court has had it before. They kicked 85 00:05:15,760 --> 00:05:18,400 Speaker 1: it back to the lower court. Um, it's a it's 86 00:05:18,440 --> 00:05:21,240 Speaker 1: a as he said, a Mexican teenager. He was on 87 00:05:21,279 --> 00:05:24,960 Speaker 1: the Mexican side of the border. Uh, they were playing. 88 00:05:25,480 --> 00:05:28,039 Speaker 1: He was in a culvert where the middle of the 89 00:05:28,080 --> 00:05:30,599 Speaker 1: culvert is the actual border, but there's a fence on 90 00:05:30,640 --> 00:05:33,440 Speaker 1: the U s side. And he and his friends apparently 91 00:05:33,440 --> 00:05:35,360 Speaker 1: were playing a game where they would ramp to the 92 00:05:35,400 --> 00:05:38,039 Speaker 1: U side, touched the fence, and come back down. A 93 00:05:38,080 --> 00:05:43,400 Speaker 1: border patrol officer agent came upon them. Uh, there was 94 00:05:43,560 --> 00:05:48,480 Speaker 1: an incident, Um, and he ended up shooting the book boy, 95 00:05:48,560 --> 00:05:53,159 Speaker 1: Sergio Hernandez. Uh. The question for the Supreme Court is 96 00:05:53,200 --> 00:05:57,599 Speaker 1: basically whether his family can sue. There is a legal 97 00:05:57,640 --> 00:06:01,400 Speaker 1: doctrine known as Bibbins where the Supreme It has said, Um, 98 00:06:01,520 --> 00:06:04,160 Speaker 1: you can just sue directly under the Constitution for a 99 00:06:04,279 --> 00:06:07,440 Speaker 1: violation of your rights. In some context. That's not a 100 00:06:07,520 --> 00:06:10,760 Speaker 1: doctrine that the Supreme Court. This more conservative Supreme Court 101 00:06:11,080 --> 00:06:14,520 Speaker 1: has suggested it likes very much. Uh So, the question 102 00:06:14,560 --> 00:06:18,520 Speaker 1: is whether this this uh, this particular form of lawsuit 103 00:06:18,600 --> 00:06:21,680 Speaker 1: known as the biddin's lawsuit can apply in this case. 104 00:06:22,279 --> 00:06:25,080 Speaker 1: Just about forty five seconds here, it's approaching this busy 105 00:06:25,160 --> 00:06:28,440 Speaker 1: time of year for you. What Supreme Court decision are 106 00:06:28,480 --> 00:06:32,320 Speaker 1: you awaiting? Most? Let me give you two if I could. 107 00:06:32,400 --> 00:06:34,720 Speaker 1: The one that's certainly got a lot of attention is 108 00:06:34,720 --> 00:06:37,720 Speaker 1: the question of the case involving whether the Trump administration 109 00:06:37,720 --> 00:06:41,440 Speaker 1: can put a question about citizenship on the census. The 110 00:06:41,920 --> 00:06:44,640 Speaker 1: core question for the court is basically whether the administration 111 00:06:44,680 --> 00:06:47,280 Speaker 1: was upfront about its reasons for doing so. And then 112 00:06:47,320 --> 00:06:50,160 Speaker 1: the court has two cases, two very big cases involving 113 00:06:50,200 --> 00:06:53,120 Speaker 1: partisan jurymandering, and the Court could finally tell us whether 114 00:06:53,240 --> 00:06:56,240 Speaker 1: or not, uh it can ever be the case that 115 00:06:56,240 --> 00:07:00,360 Speaker 1: that there's too much partisanship in the voting district uh 116 00:07:00,680 --> 00:07:04,039 Speaker 1: map drawing process. The Supreme Court has never struck down 117 00:07:04,160 --> 00:07:06,279 Speaker 1: a district as being two partisan. And we'll see whether 118 00:07:06,360 --> 00:07:08,520 Speaker 1: or not they're ready to do that. All right, Thanks, Greg, 119 00:07:08,560 --> 00:07:10,840 Speaker 1: get some sleep, you'll need it. That's Supreme Court reporter 120 00:07:10,840 --> 00:07:16,240 Speaker 1: of Greg's Stewart. Thanks for listening to the Bloomberg Law Podcast. 121 00:07:16,600 --> 00:07:20,640 Speaker 1: You can subscribe and listen to the show on Apple Podcasts, SoundCloud, 122 00:07:20,720 --> 00:07:24,600 Speaker 1: and on bloomberg dot com slash podcast. I'm June Brasso. 123 00:07:25,120 --> 00:07:28,920 Speaker 1: This is Bloomberg Ye.