1 00:00:03,120 --> 00:00:07,960 Speaker 1: This is Bloomberg Law with June Brusso from Bloomberg Radio. 2 00:00:09,200 --> 00:00:12,480 Speaker 1: We've got the fattest piers and the fattest harbor in 3 00:00:12,520 --> 00:00:17,000 Speaker 1: the world. Everything moves in and out. We take our cut, duke, 4 00:00:17,040 --> 00:00:18,840 Speaker 1: And how about you? Are you one thing you got 5 00:00:18,840 --> 00:00:21,160 Speaker 1: to understand? Father? On the dock, we've always been D 6 00:00:21,280 --> 00:00:23,959 Speaker 1: and D, D and D. What's that? Deaf and dumb? 7 00:00:24,239 --> 00:00:26,800 Speaker 1: No matter how much we hate the torpedoes, we don't rat. 8 00:00:27,640 --> 00:00:30,000 Speaker 1: So what happens he gets the title shot out doors 9 00:00:30,000 --> 00:00:32,200 Speaker 1: in a ballpocket? Why don't I get one way ticket 10 00:00:32,280 --> 00:00:35,519 Speaker 1: the Pelucaville. It was my brother, Charlie. You should have 11 00:00:35,600 --> 00:00:38,560 Speaker 1: looked out for me a little bit. Violence and corruption 12 00:00:38,600 --> 00:00:41,800 Speaker 1: among union long shoreman with a stranglehold on the New 13 00:00:41,880 --> 00:00:45,519 Speaker 1: Jersey docks was the focus of the iconic nineteen fifty 14 00:00:45,520 --> 00:00:49,120 Speaker 1: four film On the Waterfront. New York and New Jersey 15 00:00:49,320 --> 00:00:52,720 Speaker 1: established the Waterfront Commission just a year before the film 16 00:00:52,920 --> 00:00:56,680 Speaker 1: to fight that union corruption and organized crime on the docks. 17 00:00:57,360 --> 00:01:01,160 Speaker 1: But now seventy years later, New Jersey wants to walk 18 00:01:01,200 --> 00:01:04,720 Speaker 1: away from the compact, and the Supreme Court justices seemed 19 00:01:04,720 --> 00:01:07,520 Speaker 1: to agree with New Jersey that even though the state's 20 00:01:07,560 --> 00:01:11,080 Speaker 1: compact is silent about ending the deal. They didn't intend 21 00:01:11,120 --> 00:01:14,759 Speaker 1: it to last forever. Heire Justice, says Katangi Brown Jackson 22 00:01:14,840 --> 00:01:19,520 Speaker 1: and Sonya Sotomayor, questioning New York's attorney if the reason 23 00:01:19,560 --> 00:01:22,399 Speaker 1: they were silent was not because they thought this was 24 00:01:23,360 --> 00:01:25,880 Speaker 1: an agreement for all times, but because they were worried 25 00:01:25,880 --> 00:01:29,440 Speaker 1: about signaling to the mob bosses that they would be leaving. 26 00:01:29,920 --> 00:01:31,920 Speaker 1: I don't know that we can draw the inference that 27 00:01:32,000 --> 00:01:35,720 Speaker 1: you want us to draw. Once you said they didn't 28 00:01:35,760 --> 00:01:38,200 Speaker 1: intend for it to be perpetual, I think that's the 29 00:01:38,319 --> 00:01:41,360 Speaker 1: end of the game. Joining me is Bloombergloss. Supreme Court 30 00:01:41,400 --> 00:01:45,680 Speaker 1: reporter Kimberly Strawbridge Robinson. Kimberly explained why New Jersey is 31 00:01:45,720 --> 00:01:48,880 Speaker 1: trying to give New York it's walking papers well. New 32 00:01:48,960 --> 00:01:51,800 Speaker 1: Jersey says that the whole point of the commission was 33 00:01:51,880 --> 00:01:55,960 Speaker 1: to tackle corruption at the ports between New Jersey and 34 00:01:56,080 --> 00:01:59,200 Speaker 1: New York. They say that it really hasn't worked as 35 00:01:59,200 --> 00:02:01,480 Speaker 1: effectively as they want, and there's been some of that 36 00:02:01,560 --> 00:02:05,840 Speaker 1: corruption that's sort of come into the commission, this bilateral commission. 37 00:02:06,080 --> 00:02:09,480 Speaker 1: But they also say that the Commission is over regulating 38 00:02:09,760 --> 00:02:13,440 Speaker 1: businesses within that port and it's really hurting New Jersey's economy, 39 00:02:13,480 --> 00:02:15,840 Speaker 1: and so they want to get out of the Commission 40 00:02:16,040 --> 00:02:18,520 Speaker 1: and take over the duties that they share now with 41 00:02:18,639 --> 00:02:21,560 Speaker 1: New York on their own. And why doesn't New York 42 00:02:21,639 --> 00:02:24,320 Speaker 1: want to let New Jersey out? Well, you know, New 43 00:02:24,360 --> 00:02:27,120 Speaker 1: York says, there's still a lot of work to do. 44 00:02:27,560 --> 00:02:30,280 Speaker 1: And one thing that they don't say really out loud 45 00:02:30,440 --> 00:02:33,480 Speaker 1: is that, you know, a lot of the business that 46 00:02:33,560 --> 00:02:36,520 Speaker 1: the Commission handles actually goes through New Jersey. Most of 47 00:02:36,560 --> 00:02:39,520 Speaker 1: it goes through New Jersey, and so there's kind of 48 00:02:39,520 --> 00:02:43,359 Speaker 1: this mismatch between who's regulating the parties and where the 49 00:02:43,440 --> 00:02:46,560 Speaker 1: regulation is happening. And so the New York upfront says, 50 00:02:46,639 --> 00:02:48,200 Speaker 1: we still have a lot of work to do, there's 51 00:02:48,240 --> 00:02:50,200 Speaker 1: good work to be done, and we want to stay in. 52 00:02:50,360 --> 00:02:52,560 Speaker 1: But sort of playing in the background here is this 53 00:02:52,639 --> 00:02:56,239 Speaker 1: mismatch between how businesses shared among the port It's sort 54 00:02:56,240 --> 00:02:59,320 Speaker 1: of wild to me that the compact doesn't address whether 55 00:02:59,400 --> 00:03:01,880 Speaker 1: a state and walk away from the deal and how 56 00:03:02,280 --> 00:03:04,960 Speaker 1: well that's right. And that's the whole problem that the 57 00:03:05,040 --> 00:03:08,600 Speaker 1: Supreme Court is addressing, is that both parties agree there's 58 00:03:08,760 --> 00:03:13,680 Speaker 1: nothing expressed in the compact that talks about termination. And 59 00:03:13,720 --> 00:03:16,000 Speaker 1: so the whole issue for the Supreme Court is to 60 00:03:16,040 --> 00:03:18,600 Speaker 1: try to figure out what it was that the parties 61 00:03:18,680 --> 00:03:22,960 Speaker 1: intended when they drafted the initial compact. And it was 62 00:03:23,040 --> 00:03:27,359 Speaker 1: really interesting during oral arguments that New York's attorney suggested 63 00:03:27,600 --> 00:03:32,240 Speaker 1: that neither party intended this compact to last forever, that 64 00:03:32,360 --> 00:03:34,400 Speaker 1: they sort of hoped that they would be able to 65 00:03:34,400 --> 00:03:37,000 Speaker 1: tackle this problem and that there would no longer be 66 00:03:37,080 --> 00:03:40,200 Speaker 1: a need for it. And that really was a significant 67 00:03:40,240 --> 00:03:44,880 Speaker 1: problem for justices across the ideological spectrum. And so we 68 00:03:44,920 --> 00:03:47,440 Speaker 1: saw Justice to to Mayor say that New York had 69 00:03:47,480 --> 00:03:50,800 Speaker 1: really given up the game by making that concession, because 70 00:03:51,040 --> 00:03:53,600 Speaker 1: that's effectively what New York is doing. It has a 71 00:03:53,720 --> 00:03:56,480 Speaker 1: video power that can forever buy in New Jersey, and 72 00:03:56,520 --> 00:03:58,960 Speaker 1: so it really seemed like that's where the Court is 73 00:03:58,960 --> 00:04:01,400 Speaker 1: potentially going to land in this case. Yeah, at least 74 00:04:01,400 --> 00:04:04,600 Speaker 1: two of the justices, Samuel Alito, who all notice from 75 00:04:04,680 --> 00:04:08,440 Speaker 1: New Jersey and Elena Kagan, who's from New York. We're 76 00:04:08,440 --> 00:04:12,880 Speaker 1: concerned about a state permanently giving up sovereignty to police 77 00:04:12,920 --> 00:04:17,520 Speaker 1: its borders, right, And so we saw Justice Alito during arguments, 78 00:04:17,560 --> 00:04:21,479 Speaker 1: as you suggested, he said, it's really an extraordinary thing 79 00:04:21,720 --> 00:04:24,520 Speaker 1: for a state to give up some of its policing 80 00:04:24,560 --> 00:04:28,240 Speaker 1: powers here, policing powers at support. And so when we're 81 00:04:28,240 --> 00:04:31,440 Speaker 1: coming up with this default rule of what's gonna govern 82 00:04:31,720 --> 00:04:35,520 Speaker 1: compacts that are silent on termination, doesn't it make more sense? 83 00:04:35,600 --> 00:04:38,320 Speaker 1: Isn't it more reasonable to assume that a state wouldn't 84 00:04:38,320 --> 00:04:42,800 Speaker 1: give away the sovereignty without saying something expressed? And I 85 00:04:42,839 --> 00:04:45,640 Speaker 1: think it was important to him to note that this 86 00:04:45,720 --> 00:04:49,320 Speaker 1: is just a default rule. Whenever the compact is silent, 87 00:04:49,600 --> 00:04:53,240 Speaker 1: parties can always change that rule if for some reason, 88 00:04:53,279 --> 00:04:56,520 Speaker 1: one state has to put more upfront costs and there's 89 00:04:56,560 --> 00:04:58,880 Speaker 1: this sort of incentive for the other state to wait 90 00:04:58,880 --> 00:05:01,719 Speaker 1: and then terminate before it has to do anything. Look, 91 00:05:01,760 --> 00:05:04,040 Speaker 1: the parties can anticipate that, and they can put into 92 00:05:04,040 --> 00:05:06,800 Speaker 1: the compact. But we're coming up with a default rule. 93 00:05:07,160 --> 00:05:08,839 Speaker 1: We need to go with the one that makes the 94 00:05:08,880 --> 00:05:13,039 Speaker 1: most sense. Chief Justice John Roberts dead question whether the 95 00:05:13,080 --> 00:05:16,400 Speaker 1: states can walk away from this pact so easily. This 96 00:05:16,440 --> 00:05:19,320 Speaker 1: has been going on for seventy years. Their buildings here, 97 00:05:19,440 --> 00:05:25,719 Speaker 1: buildings there, you know, bank accounts, ongoing investigations. It seems 98 00:05:25,760 --> 00:05:27,159 Speaker 1: to me it's going to take a long time and 99 00:05:27,240 --> 00:05:30,040 Speaker 1: hard work to kind of unravel all this that's right. 100 00:05:30,080 --> 00:05:33,720 Speaker 1: I mean that was the concern that Roberts did mention that, 101 00:05:33,960 --> 00:05:36,240 Speaker 1: you know, if New Jersey walks away, well there's still 102 00:05:36,279 --> 00:05:38,640 Speaker 1: all this other stuff that the two parties are going 103 00:05:38,680 --> 00:05:41,080 Speaker 1: to still jointly have to work on. I think one 104 00:05:41,080 --> 00:05:43,120 Speaker 1: thing that sort of cuts against that that came out 105 00:05:43,160 --> 00:05:47,080 Speaker 1: an oral argument is this is a relatively small compact. 106 00:05:47,279 --> 00:05:49,120 Speaker 1: And when you look at some of the other compacts, 107 00:05:49,160 --> 00:05:52,560 Speaker 1: including the port authority between New York and New Jersey, 108 00:05:52,640 --> 00:05:55,360 Speaker 1: I mean, that's just massive, and you can think if 109 00:05:55,440 --> 00:05:58,000 Speaker 1: one side were to walk away, there would be sort 110 00:05:58,000 --> 00:06:01,000 Speaker 1: of insurmountable problems for the other state to try to 111 00:06:01,000 --> 00:06:03,000 Speaker 1: figure out how to sort all that out. This one 112 00:06:03,080 --> 00:06:06,040 Speaker 1: isn't as big. The stakes are much much lower there, 113 00:06:06,279 --> 00:06:08,680 Speaker 1: and so I really wonder if that's going to have 114 00:06:08,920 --> 00:06:11,520 Speaker 1: an effect in the case or if Chief Justice Roberts 115 00:06:11,640 --> 00:06:12,919 Speaker 1: was sort of doing what he likes to do a 116 00:06:12,920 --> 00:06:15,560 Speaker 1: lot during oral argument, where to sort of play devil's advocate. 117 00:06:16,160 --> 00:06:20,680 Speaker 1: The reason for this pact was to rid the docs 118 00:06:20,760 --> 00:06:24,279 Speaker 1: it's of organized crime. Was there any discussion about whether 119 00:06:24,560 --> 00:06:27,720 Speaker 1: that's been done or how that plays in, Well, there 120 00:06:27,800 --> 00:06:29,680 Speaker 1: was not, And I thought that was a real missed 121 00:06:29,680 --> 00:06:32,360 Speaker 1: opportunity during oral arguments where they could have made it 122 00:06:32,400 --> 00:06:35,840 Speaker 1: a little livelier by talking about the soprano, But they 123 00:06:35,880 --> 00:06:38,480 Speaker 1: did not do that. And I think that's really because, 124 00:06:38,640 --> 00:06:41,600 Speaker 1: you know, the specific issue for the justices is not 125 00:06:41,640 --> 00:06:44,360 Speaker 1: whether the Commission is a good idea, whether or not 126 00:06:44,440 --> 00:06:46,800 Speaker 1: it's doing its job. It's just whether or not the 127 00:06:47,040 --> 00:06:50,880 Speaker 1: parties intended for this to be something that both parties 128 00:06:50,880 --> 00:06:53,160 Speaker 1: have to agree to terminate or if it's just on 129 00:06:53,160 --> 00:06:55,039 Speaker 1: the one side. So you know, in a sense, it 130 00:06:55,080 --> 00:06:58,560 Speaker 1: was sort of divorced from what the Commission was intended 131 00:06:58,600 --> 00:07:03,320 Speaker 1: to handle. Just years ago, FBI officials wrote about the 132 00:07:03,440 --> 00:07:07,720 Speaker 1: ongoing influence of organized crime and corruption at the Port 133 00:07:07,760 --> 00:07:10,600 Speaker 1: of New York, New Jersey. Did any of the briefs 134 00:07:10,600 --> 00:07:13,560 Speaker 1: discuss that, well, I mean, I think both parties agree 135 00:07:13,600 --> 00:07:17,760 Speaker 1: that there is corruption that's happening, and you know, New 136 00:07:17,840 --> 00:07:20,600 Speaker 1: York mentioned this. The whole point of the commission was 137 00:07:20,640 --> 00:07:23,240 Speaker 1: not that there's never going to be any corruption that's happening, 138 00:07:23,440 --> 00:07:26,840 Speaker 1: but that he sort of lower the risk of having 139 00:07:27,080 --> 00:07:31,040 Speaker 1: agency capture if that agency has spread across two states. 140 00:07:31,080 --> 00:07:34,240 Speaker 1: So there's really two sort of executive administrations that you're 141 00:07:34,280 --> 00:07:36,520 Speaker 1: going to have to corrupt, and so you know, that's 142 00:07:36,560 --> 00:07:40,440 Speaker 1: not the goal, I think to eliminate all of that corruption. 143 00:07:40,480 --> 00:07:43,200 Speaker 1: I don't think that's really something that the Commission is 144 00:07:43,200 --> 00:07:46,400 Speaker 1: shooting for. But here New Jersey is saying, well, you know, 145 00:07:46,440 --> 00:07:49,520 Speaker 1: it was intended to limit government capture, but we see 146 00:07:49,560 --> 00:07:52,840 Speaker 1: it happening now with the Commission anyway, And so there's 147 00:07:52,840 --> 00:07:55,640 Speaker 1: a real dispute about how effective it's been, how effective 148 00:07:55,640 --> 00:07:57,360 Speaker 1: it could be in the future. But you know, the 149 00:07:57,440 --> 00:07:59,440 Speaker 1: question again for the Supreme Court is just one of 150 00:07:59,560 --> 00:08:03,280 Speaker 1: sort of statutory interpretation, what did the parties mean? According 151 00:08:03,320 --> 00:08:05,200 Speaker 1: to a Friend of the Court brief, there are about 152 00:08:05,200 --> 00:08:09,120 Speaker 1: two hundred and sixty compacts, with every state a party 153 00:08:09,120 --> 00:08:13,560 Speaker 1: to at least twenty five. Does this have any repercussions 154 00:08:13,600 --> 00:08:16,440 Speaker 1: for those compacts. I think it really depends on how 155 00:08:16,520 --> 00:08:20,440 Speaker 1: broadly the Court rules. And you saw Justice Jackson really 156 00:08:20,480 --> 00:08:22,680 Speaker 1: concerns that, you know, they want to come up with 157 00:08:22,720 --> 00:08:24,720 Speaker 1: the right default rule, but they don't want to say 158 00:08:24,720 --> 00:08:27,200 Speaker 1: too much. And I think the Court was really worried 159 00:08:27,240 --> 00:08:30,920 Speaker 1: about compacts that deal with boundary lines that sort of 160 00:08:31,120 --> 00:08:34,840 Speaker 1: set up these permanent boundaries to resolve disputes between the 161 00:08:34,920 --> 00:08:38,760 Speaker 1: states over what territory is there. Those kind of compacts 162 00:08:38,840 --> 00:08:41,439 Speaker 1: are the kinds of compacts that you do not want 163 00:08:41,559 --> 00:08:43,840 Speaker 1: to ever expire, and you don't want a party to 164 00:08:43,840 --> 00:08:46,079 Speaker 1: be able to walk away with it, because then you 165 00:08:46,240 --> 00:08:48,960 Speaker 1: just be reopening the dispute. And so it seems like 166 00:08:49,000 --> 00:08:51,240 Speaker 1: the Justices are going to try to craft their way 167 00:08:51,360 --> 00:08:55,280 Speaker 1: around that. In conclusion, it appears that the Justices are 168 00:08:55,320 --> 00:08:58,079 Speaker 1: going to rule for New Jersey, but it's just a 169 00:08:58,160 --> 00:09:00,800 Speaker 1: question of how they rule. I think that's right. I 170 00:09:00,800 --> 00:09:03,000 Speaker 1: think they're going to try to come up with a 171 00:09:03,080 --> 00:09:07,319 Speaker 1: default rule that makes sense for these kinds of compacts 172 00:09:07,320 --> 00:09:10,480 Speaker 1: where there's sort of a regulatory function to them, and 173 00:09:10,559 --> 00:09:15,360 Speaker 1: really regulating the supports and try not to encroach on 174 00:09:15,960 --> 00:09:19,280 Speaker 1: other compacts that really deal with landboorders that you could 175 00:09:19,320 --> 00:09:22,840 Speaker 1: see bubbling up into really big issues if those are 176 00:09:22,840 --> 00:09:26,360 Speaker 1: ones where the parties can walk away from unilaterally. This 177 00:09:26,440 --> 00:09:29,079 Speaker 1: is a case that goes right to the Supreme Court. 178 00:09:29,160 --> 00:09:33,040 Speaker 1: They have original jurisdiction here, that's right. We see every 179 00:09:33,160 --> 00:09:37,040 Speaker 1: term there's one or two original jurisdiction cases, and that's 180 00:09:37,080 --> 00:09:40,360 Speaker 1: because the Constitution says that when the states are feuding 181 00:09:40,400 --> 00:09:42,520 Speaker 1: with one another, that's something that we just want to 182 00:09:42,559 --> 00:09:46,360 Speaker 1: go directly to the sport. There is another original jurisdiction 183 00:09:46,400 --> 00:09:49,680 Speaker 1: case that the Justice has just decided about money grams, 184 00:09:49,720 --> 00:09:52,120 Speaker 1: and that's all about which state gets to claim money 185 00:09:52,160 --> 00:09:55,559 Speaker 1: that nobody ever comes forward to get. And so they're 186 00:09:55,720 --> 00:09:59,640 Speaker 1: really fascinating because you know, you've got two independent sovereigns 187 00:09:59,640 --> 00:10:03,360 Speaker 1: coming to another sovereign, the federal government, and asking it 188 00:10:03,400 --> 00:10:06,000 Speaker 1: to resolve its dispute. And in the MoneyGram case, where 189 00:10:06,000 --> 00:10:10,040 Speaker 1: there are hundreds of millions of dollars in uncashed MoneyGram checks, 190 00:10:10,080 --> 00:10:12,840 Speaker 1: who gets to keep the money? Well, Delaware had tried 191 00:10:12,840 --> 00:10:14,520 Speaker 1: to say that it gets to keep the money, but 192 00:10:14,720 --> 00:10:17,560 Speaker 1: the Supreme Court fided and said with Pennsylvania and some 193 00:10:17,640 --> 00:10:19,920 Speaker 1: other states who said they want a piece of it too, 194 00:10:19,960 --> 00:10:22,600 Speaker 1: So that's going to be spread around among several states. 195 00:10:22,960 --> 00:10:25,800 Speaker 1: This was such an interesting case. Thanks so much, Kimberly. 196 00:10:26,200 --> 00:10:31,840 Speaker 1: That's Bloomberg Las Supreme Court reporter Kimberly Strawbridge Robinson. The 197 00:10:31,920 --> 00:10:35,439 Speaker 1: Supreme Court has requested a new round of briefings in 198 00:10:35,440 --> 00:10:38,280 Speaker 1: one of the biggest cases of the term in December. 199 00:10:38,320 --> 00:10:42,280 Speaker 1: The Justice has heard oral arguments in that case More v. Harper, 200 00:10:42,840 --> 00:10:47,200 Speaker 1: where Republican lawmakers were challenging a North Carolina State Supreme 201 00:10:47,240 --> 00:10:50,720 Speaker 1: Court decision that struck down a congressional map as being 202 00:10:50,800 --> 00:10:55,760 Speaker 1: so partisan it violated the state constitution. Justice Elena Kagan 203 00:10:55,840 --> 00:10:59,560 Speaker 1: warned about the consequences of adopting the novel and far 204 00:10:59,640 --> 00:11:03,840 Speaker 1: reach argument of the Republican challengers, known as the independent 205 00:11:03,920 --> 00:11:08,600 Speaker 1: state legislature theory. It would say that legislatures could enact 206 00:11:08,679 --> 00:11:12,320 Speaker 1: all manner of restrictions on voting, get rid of all 207 00:11:12,440 --> 00:11:18,040 Speaker 1: kinds of voter protections that the state constitution in fact prohibits. 208 00:11:18,800 --> 00:11:22,880 Speaker 1: It might allow the legislatures to insert themselves to give 209 00:11:22,920 --> 00:11:26,960 Speaker 1: themselves a role in the certification of election. But since 210 00:11:27,000 --> 00:11:30,839 Speaker 1: the oral arguments, Republicans have regained control of the North 211 00:11:30,840 --> 00:11:35,160 Speaker 1: Carolina Supreme Court and the new court has decided to 212 00:11:35,240 --> 00:11:38,600 Speaker 1: rehear the case over the congressional maps. So now the 213 00:11:38,720 --> 00:11:41,679 Speaker 1: US Supreme Court is asking the parties in more of 214 00:11:41,720 --> 00:11:45,160 Speaker 1: the Harper for new briefings that could lead them to 215 00:11:45,240 --> 00:11:48,600 Speaker 1: dismiss the case. Joining me as Richard Brafald, a professor 216 00:11:48,640 --> 00:11:52,520 Speaker 1: at Columbia Law School, let's talk about the importance of 217 00:11:52,520 --> 00:11:55,960 Speaker 1: this Supreme Court case and how it could upend elections 218 00:11:56,000 --> 00:11:59,560 Speaker 1: in this country. Yes, depending on what the Court does 219 00:12:00,080 --> 00:12:04,000 Speaker 1: could place a significant limit on the ability of federal 220 00:12:04,120 --> 00:12:10,400 Speaker 1: courts to review disputes involving federal elections, including both reapportionment issues, 221 00:12:10,440 --> 00:12:12,480 Speaker 1: which is what this case is technically about, but also 222 00:12:12,520 --> 00:12:16,520 Speaker 1: things relating to the presidential election or congressional elections. So 223 00:12:16,640 --> 00:12:19,880 Speaker 1: it can be quite significant in deciding the nature of 224 00:12:20,280 --> 00:12:23,800 Speaker 1: kind of federal judicial review of federal election disputes. Give 225 00:12:23,880 --> 00:12:28,120 Speaker 1: us the procedural history of this case in North Carolina, 226 00:12:28,160 --> 00:12:29,959 Speaker 1: you know how it got to the Supreme Court, and 227 00:12:30,000 --> 00:12:33,319 Speaker 1: then what happened recently, right, So this case comes out 228 00:12:33,320 --> 00:12:37,720 Speaker 1: of North Carolina and involves the redistricting the North Carolina's 229 00:12:37,720 --> 00:12:42,160 Speaker 1: congressional delegation and the legislature or Republican legislature passed a 230 00:12:42,200 --> 00:12:45,600 Speaker 1: plan which was very pro Republican, and the North Carolina 231 00:12:45,679 --> 00:12:49,840 Speaker 1: Supreme Court determined that it was an unconstitutional jerrymander in 232 00:12:49,960 --> 00:12:52,920 Speaker 1: violation of the state constitution. As you know, the US 233 00:12:52,960 --> 00:12:55,480 Speaker 1: Supreme Court has said that jerrymandering does non violate the 234 00:12:55,480 --> 00:12:58,880 Speaker 1: federal Constitution, but some state supreme courts have found at 235 00:12:58,880 --> 00:13:02,240 Speaker 1: their state constitution limit or prohibitary mandering. So that's what 236 00:13:02,280 --> 00:13:05,679 Speaker 1: the North Carolina Supreme Court did, and they sent it 237 00:13:05,800 --> 00:13:07,800 Speaker 1: back to a lower court to come up with a 238 00:13:07,880 --> 00:13:10,920 Speaker 1: new plan on Indeed, a plan was adopted and that's 239 00:13:10,920 --> 00:13:14,000 Speaker 1: what the twenty twenty two election was run on. In 240 00:13:14,040 --> 00:13:17,400 Speaker 1: the meantime, the state challenged the state Supreme Court decision 241 00:13:17,679 --> 00:13:20,360 Speaker 1: and brought that challenge to the US Supreme Court. The 242 00:13:20,440 --> 00:13:22,880 Speaker 1: US Supreme Court allowed the twenty twenty two election to 243 00:13:22,920 --> 00:13:25,400 Speaker 1: go forward under the lines done by the lower court 244 00:13:25,440 --> 00:13:28,320 Speaker 1: in North Carolina. But the US Supreme Court agreed to 245 00:13:28,360 --> 00:13:31,520 Speaker 1: hear this case, which raises the question about just how 246 00:13:31,559 --> 00:13:34,600 Speaker 1: far or what, if anything, a state court can do 247 00:13:35,080 --> 00:13:39,000 Speaker 1: in interpreting the state constitution to limit what state legislatures 248 00:13:39,040 --> 00:13:43,640 Speaker 1: can do in redistricting. And then after the November elections, 249 00:13:43,679 --> 00:13:48,000 Speaker 1: the majority on the North Carolina Supreme Court shifted from 250 00:13:48,120 --> 00:13:52,079 Speaker 1: Democrat to Republicans. That's correct, I think two judges were 251 00:13:52,120 --> 00:13:55,119 Speaker 1: replaced and the balance on the court went from Democratics 252 00:13:55,120 --> 00:13:59,240 Speaker 1: a Republican. Indeed, very soon after, they actually undid one 253 00:13:59,280 --> 00:14:02,319 Speaker 1: of their voting decisions, which had been pro voting rights. 254 00:14:02,360 --> 00:14:04,960 Speaker 1: And in the meantime, the state legislature now in North 255 00:14:04,960 --> 00:14:09,040 Speaker 1: Carolina has asked the court to reconsider the North Carolina 256 00:14:09,040 --> 00:14:12,240 Speaker 1: Supreme Court to reconsider it jerrymandering decision, and they're looking 257 00:14:12,240 --> 00:14:13,880 Speaker 1: at it, and I think they've asked for briefing and 258 00:14:14,000 --> 00:14:17,160 Speaker 1: they are likely to reconsider it. Before this time, the 259 00:14:17,240 --> 00:14:21,640 Speaker 1: state court had only decided to rehear cases twice since 260 00:14:21,760 --> 00:14:26,040 Speaker 1: nineteen ninety three. Right, this is a very rare step 261 00:14:26,200 --> 00:14:29,960 Speaker 1: and its smacks of partisanship. Does it underscores the political 262 00:14:30,000 --> 00:14:32,120 Speaker 1: context as they did? They redid it with a voting 263 00:14:32,200 --> 00:14:34,240 Speaker 1: rights decision just a couple of weeks ago, one that 264 00:14:34,320 --> 00:14:37,120 Speaker 1: was handed down by the old North Carolina Supreme Court 265 00:14:37,520 --> 00:14:40,480 Speaker 1: just days before the two Democratic justice has left office. 266 00:14:40,960 --> 00:14:43,480 Speaker 1: And now the new court has basically come back and 267 00:14:43,640 --> 00:14:46,800 Speaker 1: undid that and has agreed to rehear the jerrymandering decision. 268 00:14:47,040 --> 00:14:50,800 Speaker 1: It clearly entirely follows him the change in partisan composition. 269 00:14:50,840 --> 00:14:53,640 Speaker 1: So there's now a Republican legislature in North Carolina and 270 00:14:53,720 --> 00:14:57,120 Speaker 1: Republican Supreme Court. The Supreme Court has asked the parties 271 00:14:57,160 --> 00:15:02,760 Speaker 1: in Morvie Harbor for supplemental reefings. Right, what exactly are 272 00:15:02,760 --> 00:15:05,320 Speaker 1: they looking for? I guess the question has come up 273 00:15:05,360 --> 00:15:08,760 Speaker 1: as to whether or not the two possibilities. One is 274 00:15:08,800 --> 00:15:11,960 Speaker 1: whether the case might become moot if the North Carolina 275 00:15:12,040 --> 00:15:16,280 Speaker 1: Supreme Court and it reverses itself and basically reapproves the 276 00:15:16,320 --> 00:15:21,120 Speaker 1: old jerrymander. So one possibility is mootness. Another possibility is 277 00:15:21,160 --> 00:15:24,960 Speaker 1: that the US Supreme Court only takes cases after there's 278 00:15:25,000 --> 00:15:27,520 Speaker 1: been a final decision by a lower court, and in 279 00:15:27,560 --> 00:15:30,920 Speaker 1: this case, since the North Carolina Supreme Court is reopening 280 00:15:30,920 --> 00:15:33,640 Speaker 1: the case, it may be that the decision that the 281 00:15:33,720 --> 00:15:36,680 Speaker 1: US Supreme Court agreed to hear is no longer final, 282 00:15:37,080 --> 00:15:39,640 Speaker 1: so the US Supreme Court would no longer have jurisdiction 283 00:15:39,680 --> 00:15:42,280 Speaker 1: over it. The US Supreme courtinate asked for additional briefing 284 00:15:42,400 --> 00:15:44,440 Speaker 1: wasn't completely clear as to what it was looking for, 285 00:15:44,960 --> 00:15:48,080 Speaker 1: So there are different theories about why if they've done it, 286 00:15:48,320 --> 00:15:52,280 Speaker 1: But either way, it might lead them to decide not 287 00:15:52,360 --> 00:15:55,640 Speaker 1: to decide the sederal constitutional question that's been raised by 288 00:15:55,640 --> 00:15:58,840 Speaker 1: the case. Yeah, they did point to the legal provision 289 00:15:58,840 --> 00:16:03,080 Speaker 1: that gives them jurisdic to review final judgments or degrees, 290 00:16:03,200 --> 00:16:06,080 Speaker 1: and so now there's at least a plausible argument that 291 00:16:06,120 --> 00:16:08,360 Speaker 1: the judgment they're looking at is actually not final. Do 292 00:16:08,400 --> 00:16:10,960 Speaker 1: you think this is a case that, after the oral arguments, 293 00:16:11,040 --> 00:16:13,640 Speaker 1: the court would like to get rid of? It's not clear. 294 00:16:13,800 --> 00:16:16,040 Speaker 1: I mean I see two things about On the one hand, 295 00:16:16,040 --> 00:16:18,160 Speaker 1: it's a very tough case, and I think coming up 296 00:16:18,200 --> 00:16:21,320 Speaker 1: with a ruling that holds a majority might be difficult 297 00:16:21,760 --> 00:16:24,240 Speaker 1: because I do think on the one hand, they see 298 00:16:24,240 --> 00:16:26,680 Speaker 1: that the provision of the Constitution that gives the state 299 00:16:26,720 --> 00:16:30,120 Speaker 1: legislature to power to write rules for federal elections, for 300 00:16:30,160 --> 00:16:33,040 Speaker 1: congressional elections, and for the election of the presidential electors 301 00:16:33,320 --> 00:16:35,840 Speaker 1: is in the Constitution. On the other hand, I think 302 00:16:35,880 --> 00:16:39,560 Speaker 1: they're kind of reluctant to completely step on the traditional 303 00:16:39,640 --> 00:16:42,720 Speaker 1: role that state courts have had an interpreting state law. 304 00:16:43,000 --> 00:16:45,480 Speaker 1: So I think coming up with a ruling that respects 305 00:16:45,480 --> 00:16:47,200 Speaker 1: both sides of that was going to be tricky. On 306 00:16:47,240 --> 00:16:49,280 Speaker 1: the other hand, it's an issue that's been coming up 307 00:16:49,320 --> 00:16:51,800 Speaker 1: a lot, Lady. It came up in several cases of 308 00:16:51,880 --> 00:16:55,160 Speaker 1: Supreme Court heard in twenty twenty that involved issues in 309 00:16:55,160 --> 00:16:58,400 Speaker 1: connection with the twenty twenty presidential election, So they might 310 00:16:58,480 --> 00:17:02,120 Speaker 1: have an interest in resolving the dispute now when there 311 00:17:02,200 --> 00:17:05,479 Speaker 1: is no federal election pending, rather than having it come 312 00:17:05,560 --> 00:17:08,240 Speaker 1: up again next year. So I can see where they 313 00:17:08,320 --> 00:17:11,760 Speaker 1: might be cut into different directions and remind us of 314 00:17:11,800 --> 00:17:15,760 Speaker 1: the oral arguments and how they went it was a 315 00:17:15,880 --> 00:17:18,359 Speaker 1: very very long oral argument. I think we've went for 316 00:17:18,400 --> 00:17:21,400 Speaker 1: close to two and a half hours. It's always very 317 00:17:21,440 --> 00:17:24,440 Speaker 1: hard to read the comments of the justices, but there 318 00:17:24,480 --> 00:17:27,480 Speaker 1: seem to be, at least for some justices, some kind 319 00:17:27,520 --> 00:17:30,680 Speaker 1: of groping to some kind of middle ground where they 320 00:17:30,720 --> 00:17:34,840 Speaker 1: would sustain the ability of federal courts to review the 321 00:17:34,960 --> 00:17:38,119 Speaker 1: state court decision about the state constitution, which itself is 322 00:17:38,200 --> 00:17:41,840 Speaker 1: very unusual. Federal courts usually do not review state court 323 00:17:41,880 --> 00:17:46,239 Speaker 1: decisions of state law, but they'd be fairly deferential at 324 00:17:46,280 --> 00:17:48,840 Speaker 1: least that's where they seem to be groping that. Yes, 325 00:17:49,760 --> 00:17:53,000 Speaker 1: because the federal Constitution gives the power to write the 326 00:17:53,200 --> 00:17:57,800 Speaker 1: laws for federal elections to state legislatures, state courts can't 327 00:17:57,800 --> 00:18:02,760 Speaker 1: go too far in displacing the state legislatures primacy and 328 00:18:02,840 --> 00:18:05,960 Speaker 1: writing the rules. But nonetheless, they would want to still 329 00:18:06,000 --> 00:18:08,200 Speaker 1: respect the idea that state courts still have a role 330 00:18:08,840 --> 00:18:11,199 Speaker 1: and state constitutions have a role. So I think, you know, 331 00:18:11,280 --> 00:18:13,480 Speaker 1: it is hard to make any predictions about a Supreme 332 00:18:13,480 --> 00:18:15,920 Speaker 1: Court decision just based on the oral argument, but there 333 00:18:15,920 --> 00:18:19,440 Speaker 1: seemed to be enough justices like Chief Justice Roberts who 334 00:18:19,440 --> 00:18:22,240 Speaker 1: are kind of groping through some sort of middle position. 335 00:18:22,720 --> 00:18:25,640 Speaker 1: The Supreme Court is asking for the supplemental briefing by 336 00:18:25,760 --> 00:18:29,800 Speaker 1: March twentieth. The North Carolina Court is scheduled to hear 337 00:18:29,960 --> 00:18:33,320 Speaker 1: arguments on March fourteenth. I mean, might the Supreme Court 338 00:18:33,359 --> 00:18:36,400 Speaker 1: wait to see what happens in North Carolina? Yes, they 339 00:18:36,600 --> 00:18:38,560 Speaker 1: very well might. Though we could argue that even the 340 00:18:38,600 --> 00:18:41,080 Speaker 1: fact that they're hearing the case in North Carolina means 341 00:18:41,119 --> 00:18:43,960 Speaker 1: that it's not over. But yeah, and the two things 342 00:18:43,960 --> 00:18:46,640 Speaker 1: are proceeding on parallel tracks, but kind of paying attention 343 00:18:46,640 --> 00:18:50,080 Speaker 1: to each other. I suppose the North Carolina Court decides quickly, 344 00:18:50,440 --> 00:18:52,520 Speaker 1: then the Supreme Court will have all the information that 345 00:18:52,680 --> 00:18:56,000 Speaker 1: needs to decide whether it wants to resolve this case 346 00:18:56,280 --> 00:18:59,840 Speaker 1: or just drop it, as the phrase is improvidently granted, 347 00:19:00,359 --> 00:19:02,600 Speaker 1: and wait for another one that presents the same issues. 348 00:19:03,080 --> 00:19:06,920 Speaker 1: Let's say the North Carolina Court does what I suspect 349 00:19:07,000 --> 00:19:10,280 Speaker 1: and maybe you suspect they will do, which is put 350 00:19:10,280 --> 00:19:13,119 Speaker 1: the old map back. Would the Supreme Court be able 351 00:19:13,320 --> 00:19:16,600 Speaker 1: to continue with the case or would they have no 352 00:19:16,720 --> 00:19:19,640 Speaker 1: choice but to throw it out because the whole basis 353 00:19:19,680 --> 00:19:22,920 Speaker 1: has changed. Srebret has a lot of discretion in determining 354 00:19:22,960 --> 00:19:24,919 Speaker 1: what cases it can hear what cases it won't here. 355 00:19:25,040 --> 00:19:28,480 Speaker 1: They might decide that the issue is a significant importance that, 356 00:19:28,640 --> 00:19:30,480 Speaker 1: having already heard the briefing, they're going to go ahead 357 00:19:30,520 --> 00:19:32,879 Speaker 1: and resolve it or not. Or they might decide it. 358 00:19:32,920 --> 00:19:35,320 Speaker 1: In fact, since the issue has been resolved below, they 359 00:19:35,359 --> 00:19:37,280 Speaker 1: don't have to address it. I think they have a 360 00:19:37,280 --> 00:19:39,240 Speaker 1: lot of discretion here. I think it's very hard to 361 00:19:39,280 --> 00:19:42,320 Speaker 1: predict what they're going to do. The House Ethics Committee 362 00:19:42,320 --> 00:19:45,919 Speaker 1: has opened an investigation into a series of alleged unlawful 363 00:19:45,960 --> 00:19:51,240 Speaker 1: acts by freshman New York Republican Representative George Santos. Santos 364 00:19:51,280 --> 00:19:54,320 Speaker 1: has repeatedly said he will not resign, though he has 365 00:19:54,400 --> 00:20:00,000 Speaker 1: voluntarily suspended his participation in committees while multiple investigations are 366 00:20:00,280 --> 00:20:04,160 Speaker 1: way into his conduct. I've been talking to Columbia law professor, 367 00:20:04,200 --> 00:20:08,399 Speaker 1: which your default Rich tell us a little about this investigation. 368 00:20:08,880 --> 00:20:13,520 Speaker 1: They've appointed a subcommittee to conduct investigation. They've mentioned several things. 369 00:20:13,560 --> 00:20:18,119 Speaker 1: They've mentioned violations of the disclosures that he submitted to 370 00:20:18,240 --> 00:20:21,120 Speaker 1: the House in twenty twenty twenty. Normally, the House doesn't 371 00:20:21,119 --> 00:20:23,320 Speaker 1: have any authority for people who are not members of Congress, 372 00:20:23,359 --> 00:20:25,400 Speaker 1: but they do for people who are running for Congress 373 00:20:25,400 --> 00:20:27,560 Speaker 1: and they would then get elected. So there's some questions 374 00:20:27,560 --> 00:20:31,760 Speaker 1: about that he lie on his disclosure forms to Congress. 375 00:20:32,280 --> 00:20:35,439 Speaker 1: There's questions as to whether or not he violated campaign 376 00:20:35,480 --> 00:20:38,120 Speaker 1: financial laws, which would also be relevant to House Ethics. 377 00:20:38,560 --> 00:20:41,400 Speaker 1: There is a conflict of interest question involving his dealings 378 00:20:41,400 --> 00:20:44,159 Speaker 1: with his former firm. And then I think somebody, I 379 00:20:44,240 --> 00:20:46,840 Speaker 1: think his staff members raised an issue of sexual harassment. 380 00:20:46,880 --> 00:20:48,879 Speaker 1: I don't know much about that. Certainly, the things that 381 00:20:48,920 --> 00:20:50,840 Speaker 1: have caught the most public attention of the ones about 382 00:20:50,840 --> 00:20:54,400 Speaker 1: whether he has submitted false statements on the disclosure forms, 383 00:20:54,400 --> 00:20:56,960 Speaker 1: who was required to fire with Congress, and whether he 384 00:20:57,280 --> 00:21:01,160 Speaker 1: submitted false statements and otherwise violated that campaign finance laws. 385 00:21:01,160 --> 00:21:03,560 Speaker 1: And he is reporting to the said Election Commission about 386 00:21:03,720 --> 00:21:06,639 Speaker 1: the financing of his campaign. So what's the power of 387 00:21:06,680 --> 00:21:10,320 Speaker 1: the House Ethics Committee say they find that he is guilty. 388 00:21:10,680 --> 00:21:14,120 Speaker 1: Ultimately that not much the Ethics Committee itself can do, 389 00:21:14,560 --> 00:21:18,560 Speaker 1: but they can recommend sanctions which the full House could vote. 390 00:21:18,840 --> 00:21:24,439 Speaker 1: And these run anywhere from kind of reprimand fine, exclusion 391 00:21:24,520 --> 00:21:28,480 Speaker 1: from committee's censure all the way after expulsion. So there's 392 00:21:28,480 --> 00:21:30,960 Speaker 1: really like a long range of things. Is I think 393 00:21:31,200 --> 00:21:34,160 Speaker 1: maybe the committee itself can send some minor sanction to him, 394 00:21:34,160 --> 00:21:36,679 Speaker 1: but any significant penalty would have to come from the 395 00:21:36,720 --> 00:21:39,560 Speaker 1: full House. So the only way for him to be 396 00:21:39,600 --> 00:21:42,840 Speaker 1: expelled from Congresses for a majority of the House to 397 00:21:42,960 --> 00:21:45,080 Speaker 1: vote him. I think it's two thirds. Actually, do you 398 00:21:45,119 --> 00:21:48,160 Speaker 1: remember the last time that a member was expelled from Congress? 399 00:21:48,600 --> 00:21:50,920 Speaker 1: I think is somebody's convicted of felony. There was something 400 00:21:50,920 --> 00:21:52,800 Speaker 1: a few years ago where there was a member of 401 00:21:52,840 --> 00:21:56,880 Speaker 1: Congress who was convicted of pelonies involving corruption and was expelled. 402 00:21:57,520 --> 00:22:00,520 Speaker 1: It seems to me highly unlikely that he would be 403 00:22:00,560 --> 00:22:04,000 Speaker 1: expelled short of conviction for a felony, And I believe 404 00:22:04,040 --> 00:22:07,840 Speaker 1: that there is a Justice Partment investigation of him, and 405 00:22:08,160 --> 00:22:13,280 Speaker 1: there's nothing at all that his constituents can do. You not, really, no, 406 00:22:13,480 --> 00:22:16,560 Speaker 1: they can just ruin them out next time. And the 407 00:22:16,600 --> 00:22:21,680 Speaker 1: Ethics Committee is also going to investigate New York Democratic 408 00:22:21,680 --> 00:22:26,560 Speaker 1: Congresswoman Alexandria Ocasio Cortez. What's that about? She went to 409 00:22:26,600 --> 00:22:29,760 Speaker 1: the met gela and she got old, she got a dress, 410 00:22:29,840 --> 00:22:31,880 Speaker 1: and she got her pair done, she got the place 411 00:22:31,960 --> 00:22:34,640 Speaker 1: to have her changing done on all that stuff, and 412 00:22:34,760 --> 00:22:37,040 Speaker 1: she didn't pay for it. She subsequently is paid for it. 413 00:22:37,640 --> 00:22:39,919 Speaker 1: But I think there were some questions about whether or 414 00:22:39,960 --> 00:22:43,919 Speaker 1: not she was getting inappropriate gifts in connection with you know, 415 00:22:44,000 --> 00:22:46,359 Speaker 1: the met Gela. Are they actually going forward on that, 416 00:22:46,400 --> 00:22:48,720 Speaker 1: because it seems like the as of the investigation for 417 00:22:48,800 --> 00:22:51,040 Speaker 1: the same day she struck me as a kind of 418 00:22:51,119 --> 00:22:54,479 Speaker 1: nice parallelism for a Democrat and a Republican. But it 419 00:22:54,520 --> 00:22:56,800 Speaker 1: does seem as though that whatever she may or may 420 00:22:56,840 --> 00:22:59,400 Speaker 1: not have done, she has paid all the money. So 421 00:22:59,440 --> 00:23:02,320 Speaker 1: it just made the case of sloppiness on the part 422 00:23:02,359 --> 00:23:05,600 Speaker 1: of her or her staff. It seems like congress people 423 00:23:05,640 --> 00:23:09,199 Speaker 1: get all kinds of free gifts. Well they're not supposed to. 424 00:23:09,320 --> 00:23:10,919 Speaker 1: I mean, there are rules about what you can do 425 00:23:10,960 --> 00:23:13,160 Speaker 1: from if you're participating in a vent or something, that's 426 00:23:13,200 --> 00:23:16,080 Speaker 1: one thing, but you're really shouldn't be getting a free dress, 427 00:23:17,119 --> 00:23:19,639 Speaker 1: an expensive designer dress, or getting as you know, a 428 00:23:19,680 --> 00:23:22,720 Speaker 1: free fancy haircut, and there are rules against that, you know. 429 00:23:22,760 --> 00:23:24,920 Speaker 1: And whenever they involve open investigation, they say the fact 430 00:23:24,960 --> 00:23:27,000 Speaker 1: they're opening investigation doesn't say anything about what we're going 431 00:23:27,080 --> 00:23:29,880 Speaker 1: to do. And this issue for her has been kicking 432 00:23:29,920 --> 00:23:33,200 Speaker 1: around for a while. So she admitted that she took 433 00:23:33,240 --> 00:23:35,320 Speaker 1: these things, but I Baly says it was all a 434 00:23:35,359 --> 00:23:37,360 Speaker 1: mistake and I paid all the money back. It's where 435 00:23:37,400 --> 00:23:40,320 Speaker 1: she is now, so she'm not fighting anything. She has 436 00:23:40,359 --> 00:23:42,280 Speaker 1: paid for it, but at the time she had not. 437 00:23:42,520 --> 00:23:45,680 Speaker 1: Thanks so much, rich. That's Professor Richard Brofalt of Columbia 438 00:23:45,720 --> 00:23:48,000 Speaker 1: Law School, and that's it for this edition of The 439 00:23:48,040 --> 00:23:50,879 Speaker 1: Bloomberg Law Show. Remember you can always get the latest 440 00:23:50,920 --> 00:23:54,280 Speaker 1: legal news by listening to our Bloomberg Law podcasts on 441 00:23:54,320 --> 00:23:58,760 Speaker 1: Apple Podcasts, Spotify, or at www dot Bloomberg dot com 442 00:23:58,800 --> 00:24:02,479 Speaker 1: slash podcast Slash Law. I'm June Grosso and you're listening 443 00:24:02,520 --> 00:24:03,040 Speaker 1: to Woolbo