1 00:00:00,160 --> 00:00:03,480 Speaker 1: You're listening to Bloomberg Law on Bloomberg Radio. The Supreme 2 00:00:03,520 --> 00:00:06,840 Speaker 1: Court was back in session yesterday for oral arguments, and 3 00:00:06,920 --> 00:00:10,040 Speaker 1: today the Court issued three decisions, including in one case 4 00:00:10,080 --> 00:00:13,840 Speaker 1: that was closely followed with the justices blocking the execution 5 00:00:13,880 --> 00:00:18,200 Speaker 1: of a Texas murderer because of racially discriminatory testimony. Our 6 00:00:18,320 --> 00:00:20,759 Speaker 1: co host and Supreme Court reporter Greg's Stories at the 7 00:00:20,800 --> 00:00:23,800 Speaker 1: Court to tell us all about the opinions today and 8 00:00:24,040 --> 00:00:28,040 Speaker 1: a special appearance, let's say the special appearance for later, Greg. 9 00:00:28,800 --> 00:00:31,720 Speaker 1: This is a second time the Court overturned a death 10 00:00:31,760 --> 00:00:36,160 Speaker 1: sentence in this new term. What was the reasoning? This 11 00:00:36,200 --> 00:00:38,800 Speaker 1: is a case June involving a man named Dwyene Buck 12 00:00:38,840 --> 00:00:41,720 Speaker 1: in Texas and he shot three people, killed two of them, 13 00:00:41,720 --> 00:00:45,120 Speaker 1: including his girlfriend in front of her children. And when 14 00:00:45,159 --> 00:00:48,560 Speaker 1: he was sentenced to death, one of the factors the 15 00:00:48,640 --> 00:00:51,839 Speaker 1: jury considered was how dangerous he was likely to be, 16 00:00:52,440 --> 00:00:56,400 Speaker 1: and his own lawyer put up an expert witness that said, oh, 17 00:00:56,440 --> 00:01:00,240 Speaker 1: he's not really that dangerous, but this law this sport 18 00:01:00,280 --> 00:01:04,039 Speaker 1: witness also had produced a report that said that black 19 00:01:04,120 --> 00:01:08,080 Speaker 1: men and mr Buck is black, are more dangerous than 20 00:01:08,080 --> 00:01:13,880 Speaker 1: white men. And uh, the jury sentenced into death and 21 00:01:15,480 --> 00:01:19,399 Speaker 1: his he challenged his conviction, uh twain Buck did, and 22 00:01:19,760 --> 00:01:23,720 Speaker 1: the courts said, um, uh no it can. The sentence 23 00:01:23,959 --> 00:01:27,480 Speaker 1: sentences is okay. And today the Supreme Court decided whether 24 00:01:27,560 --> 00:01:29,640 Speaker 1: or not he could reopen his case to argue that 25 00:01:29,680 --> 00:01:34,440 Speaker 1: he didn't get effective assistance of counsel. There was also 26 00:01:35,080 --> 00:01:38,280 Speaker 1: a decision today that came down from on patent liability. 27 00:01:38,360 --> 00:01:42,319 Speaker 1: Wasn't there it was? Yeah. This was another in a 28 00:01:42,400 --> 00:01:47,760 Speaker 1: series of cases where the Supreme Court uh has restricted 29 00:01:47,800 --> 00:01:51,000 Speaker 1: patent rights more than the federal appeals court that handles 30 00:01:51,040 --> 00:01:55,240 Speaker 1: patent cases. This has to do with whether when you 31 00:01:56,720 --> 00:02:00,120 Speaker 1: have a patent product and it's has multiple components and 32 00:02:00,200 --> 00:02:04,160 Speaker 1: they're put together and sold overseas, whether if you just 33 00:02:04,200 --> 00:02:07,200 Speaker 1: produce one component of that patented product here in the 34 00:02:07,320 --> 00:02:09,760 Speaker 1: US and ship it over there, that is enough to 35 00:02:10,440 --> 00:02:14,600 Speaker 1: uh subject you to patent liability. The Supreme Court today 36 00:02:14,680 --> 00:02:16,760 Speaker 1: said no, it's got to be more than that. The 37 00:02:16,800 --> 00:02:20,640 Speaker 1: patent law requires all our substantial part of the product 38 00:02:20,680 --> 00:02:23,600 Speaker 1: to be produced here in the US, and one components 39 00:02:23,760 --> 00:02:27,240 Speaker 1: is not enough. Greg to go back to the death 40 00:02:27,240 --> 00:02:33,240 Speaker 1: penalty cases. Yesterday, Justice Sonya Sotomayor, along with Justice Stephen 41 00:02:33,320 --> 00:02:36,440 Speaker 1: Brier dissented from the Court's decision not to hear the 42 00:02:36,440 --> 00:02:40,880 Speaker 1: case of Alabama's oldest inmate, who has been on death 43 00:02:40,960 --> 00:02:45,200 Speaker 1: row since the nineteen eighties, and Justice Soda Mayor wrote 44 00:02:45,440 --> 00:02:48,639 Speaker 1: about it. Tell us what she said in the impact. Yeah, 45 00:02:48,720 --> 00:02:52,920 Speaker 1: this this case was about the lethal injection protocol that 46 00:02:52,960 --> 00:02:56,160 Speaker 1: Alabama and other states use. They use a sedative called 47 00:02:56,160 --> 00:02:59,360 Speaker 1: medazzy lamb U that has been involved in some botched 48 00:02:59,360 --> 00:03:02,960 Speaker 1: execution where it at least appeared as though the inmate 49 00:03:03,080 --> 00:03:07,000 Speaker 1: wasn't totally knocked out before the fatal drug was administered. 50 00:03:07,280 --> 00:03:11,400 Speaker 1: And the question is uh. Mr Arthur said that that 51 00:03:11,440 --> 00:03:13,520 Speaker 1: he didn't want to be executed with mendazz lamb and 52 00:03:13,560 --> 00:03:15,880 Speaker 1: he actually wanted to be executed with a firing squad. 53 00:03:16,280 --> 00:03:21,760 Speaker 1: And the lower courts Alabama and then the lower courts said, um, 54 00:03:21,840 --> 00:03:25,040 Speaker 1: now you have to be able to show us, uh, 55 00:03:25,200 --> 00:03:29,240 Speaker 1: some other protocol that that is both available under Alabama's 56 00:03:29,280 --> 00:03:35,720 Speaker 1: law and um, uh you know what would would be 57 00:03:35,800 --> 00:03:40,560 Speaker 1: less likely to cause you a significant pain? And uh. 58 00:03:40,760 --> 00:03:43,040 Speaker 1: He appealed to the Supreme Court, one of the Supreme 59 00:03:43,080 --> 00:03:46,520 Speaker 1: Court to take his case. The court refused. Justice Sodama, 60 00:03:46,560 --> 00:03:49,720 Speaker 1: you're a very passionate dissent from that decision not to 61 00:03:49,800 --> 00:03:54,760 Speaker 1: hear his case, uh, saying that the state was putting, uh, 62 00:03:54,800 --> 00:03:58,680 Speaker 1: you know, an impossible burden on inmates and basically, uh 63 00:03:59,080 --> 00:04:02,000 Speaker 1: making so that the the courts can't really review the 64 00:04:02,280 --> 00:04:06,120 Speaker 1: lethal injection or other death death penalty protocols that the 65 00:04:06,160 --> 00:04:09,240 Speaker 1: states use. Greg, we only have a little bit of 66 00:04:09,240 --> 00:04:12,600 Speaker 1: time left. But there there was somebody kind of uh 67 00:04:13,000 --> 00:04:14,880 Speaker 1: word is that there were some from the president's family 68 00:04:14,880 --> 00:04:17,800 Speaker 1: in the court today? Is that there was Ivanka Trump 69 00:04:17,880 --> 00:04:20,560 Speaker 1: was here with her daughter. They sat through what must 70 00:04:20,560 --> 00:04:23,080 Speaker 1: have been a very boring arbitration case for them. She 71 00:04:23,160 --> 00:04:25,800 Speaker 1: was here because she had met Justice Kennedy at the 72 00:04:25,800 --> 00:04:29,120 Speaker 1: inauguration expressive interest in the court. He invited her to 73 00:04:29,880 --> 00:04:32,040 Speaker 1: come over here. So she sat in the special seats 74 00:04:32,040 --> 00:04:34,200 Speaker 1: that are reserved for the v I p s and 75 00:04:34,560 --> 00:04:37,800 Speaker 1: guests of the justices UM and then tweeted a picture 76 00:04:37,839 --> 00:04:41,520 Speaker 1: of herself leaving the court at the end of the session. So, Greg, 77 00:04:41,760 --> 00:04:46,880 Speaker 1: the question is does that have any bearing on Justice 78 00:04:47,040 --> 00:04:50,920 Speaker 1: Judge Gorstch, who is the nominee of Donald Trump and 79 00:04:51,040 --> 00:04:56,880 Speaker 1: a former clerk of Justice Kennedy's Oh, only fifteen seconds. 80 00:04:57,600 --> 00:04:59,880 Speaker 1: You're asking me to read Justice Kennedy's mind. I will 81 00:05:00,000 --> 00:05:02,400 Speaker 1: tell you this. We're gonna be asking questions like that 82 00:05:02,480 --> 00:05:04,000 Speaker 1: a lot. Really going to be interesting at the end 83 00:05:04,040 --> 00:05:06,640 Speaker 1: of the term to see whether Justice Kennedy decided to 84 00:05:06,640 --> 00:05:09,920 Speaker 1: hang up his rope. Thank you so much. That's our 85 00:05:10,040 --> 00:05:12,800 Speaker 1: own Greg store at the Supreme Court. Coming up, we're 86 00:05:12,839 --> 00:05:15,679 Speaker 1: gonna be talking about Arizona wanting to leave the Ninth 87 00:05:15,720 --> 00:05:16,120 Speaker 1: Circuit