Speaker 1: Welcome to the Bloomberg Law Podcast. I'm June Grosso. Every
Speaker 1: day we bring you insight and analysis into the most
Speaker 1: important legal news of the day. You can find more
Speaker 1: episodes of the Bloomberg Law Podcast on Apple Podcasts, SoundCloud,
Speaker 1: and on Bloomberg dot com slash podcasts. The Supreme Court
Speaker 1: is not scheduled to hear its arguments until January seven,
Speaker 1: but the justices will be meeting for a conference this Friday.
Speaker 1: Joining me to talk about what's coming up is Bloomberg
Speaker 1: News Supreme Court reporter Greg's store in our DC Studios. Greg,
Speaker 1: It seems as if the Court has been trying to
Speaker 1: avoid contentious issues since the appointment of Justice Brett Kavanaugh.
Speaker 1: Will that become more difficult on January four, when the
Speaker 1: justices meet to consider new cases for April It will
Speaker 1: junr right. The Court seems to have been trying to
Speaker 1: take a low profile over the last few months, but
Speaker 1: there are a spate of cases that are going to
Speaker 1: be right in front of them when they come back.
Speaker 1: In Jeanne Weary that are going to make that very
Speaker 1: hard to keep keep up. The first one is a
Speaker 1: case or two of the first ones that are going
Speaker 1: to be there are a case involving partisan jerrymandering. That's
Speaker 1: the the issue of voting maps that are drawn to
Speaker 1: maximize the the advantages of the party in power. Uh,
Speaker 1: it's possible the court, very likely the court will take
Speaker 1: that up, and possible the courts conservatives will say once
Speaker 1: and for all that those sorts of maps cannot be
Speaker 1: challenged in court. And then there's the issue of the
Speaker 1: federal law that bars job discrimination, and lower courts are
Speaker 1: divided as to whether people who are discriminated against on
Speaker 1: the basis of sexual orientation or gender identity are protected
Speaker 1: under that law. Uh, there are several appeals that are
Speaker 1: gonna be waiting for the court when they come back,
Speaker 1: and there's again an excellent chance the Court will agree
Speaker 1: to take those issues up. Do you see more of
Speaker 1: the conservative justices, including Kavanaugh, trying to t up controversial
Speaker 1: cases that might might advance a conservative agenda? Certainly with
Speaker 1: the three established conservatives on the court, Thomas, Alito and
Speaker 1: Gorstch Kavanaugh is a really interesting case because we're still
Speaker 1: seeing what kind of justice he is going to be. Like.
Speaker 1: Up until a couple of weeks ago, I would have
Speaker 1: said to you, so far, Justice Kavanaugh has seemed to
Speaker 1: be a little more like Chief Justice Roberts in that
Speaker 1: he wants the court to move slowly. But there was
Speaker 1: UH an emergency application filed by the Trump administration recently
Speaker 1: having to do with restricting where people could claim asylum
Speaker 1: along the Mexican border. The Chief Justice John Roberts voted
Speaker 1: with the liberals to reject the administration's emergency application UH,
Speaker 1: and Justice Kavanaugh joined with the conservatives, saying, we would
Speaker 1: we would have voted to let the Trump administration require
Speaker 1: that any asylum applications be made at ports of entry.
Speaker 1: So we're we're seeing that Justice Cavana to be starting
Speaker 1: to show some some different colors than we saw from
Speaker 1: him in the first few months. And at the conference
Speaker 1: on January eleventh, there are also some controversial cases coming. Yeah,
Speaker 1: so this will be the second private conference that they
Speaker 1: have coming back in the new year. UH to two
Speaker 1: big issues there too of many significant issues, but the
Speaker 1: two biggest ones I highlight are one the Trump administration
Speaker 1: trying to let the president resend the DACA policy, that's
Speaker 1: the fird deportation policy for UH young immigrants who came
Speaker 1: here as children illegally UM and the second appeal that
Speaker 1: involves the Trump administration's efforts to largely ban transgender people
Speaker 1: from serving in the military. Both those cases will before
Speaker 1: the Court be before the court in both cases. It's
Speaker 1: possible the Court will duck those fights and not take
Speaker 1: up the Trump administration appeals. But again, it's gonna be
Speaker 1: hard for them to avoid them, particularly when you have
Speaker 1: the federal government saying this is a really important issue
Speaker 1: and we think you need to decide it. Now. What's
Speaker 1: the latest on that mysterious filing that everyone's been talking
Speaker 1: about that appears to ask the Supreme Court to intervene
Speaker 1: for the first time in Special Counsel Robert Mueller's investigation
Speaker 1: into the election. Yet right now we're just waiting for
Speaker 1: the court to act. So the Chief Justice John Roberts
Speaker 1: has temporarily UH blocked a lower court order that imposed
Speaker 1: finds on a mystery company H for not UH it's
Speaker 1: owned by an an unidentified country, UH finds imposed for
Speaker 1: not complying with a grand jury subpoena. Almost all the
Speaker 1: documents in the case are undersealed, so we don't know
Speaker 1: a whole lot. There are strong indications that it does
Speaker 1: involve Robert Mueller, but beyond that, it's it's hard to
Speaker 1: speculate on on exactly what's involved. But we are waiting
Speaker 1: for the Supreme Court to do something that uh, potentially
Speaker 1: will affect the Muller probe for the first time. Now.
Speaker 1: A new movie came out over the weekend, the holiday
Speaker 1: weekend about Justice Ruth Bader Ginsburg. What's her prognosis after
Speaker 1: undergoing lung surgery and the fall she had a few
Speaker 1: months ago. She's an eight five year old woman, and
Speaker 1: so you know that that grain of salt. But but um,
Speaker 1: it appears to be good. There's no Uh. All the
Speaker 1: information we've received from the court is that there's no
Speaker 1: sign that the disease, the masses that were found on
Speaker 1: um on her lung, there's no sign that those have
Speaker 1: spread anywhere else. She was released from the hospital on
Speaker 1: Christmas Day, UM, and every indication is that she will
Speaker 1: be on the bench when the court returns next week.
Speaker 1: You wrote a story about how her her medical condition
Speaker 1: has led some to speculate on both sides. Yeah, this
Speaker 1: is the you know, the greatest nightmare for liberals and
Speaker 1: uh and potentially an amazing opportunity for conservatives if either
Speaker 1: she or some other liberal justice. Keep in mind Stephen
Speaker 1: Briars also eighty years old. If either the word to
Speaker 1: have to step down, we would potentially move away from
Speaker 1: this world where John Roberts is in the middle of
Speaker 1: the court and holding the court back and limiting what
Speaker 1: the Court does, to a world where John Roberts's vote
Speaker 1: might not matter because Donald Trump could appoint a fifth
Speaker 1: hardcore conservative to the Court, and then we could see
Speaker 1: some real dramatic changes in American law. Greg you know,
Speaker 1: John Roberts is the chief. I know his vote counts
Speaker 1: as just as much as the other justices or the
Speaker 1: other justices votes counts just as much as his. But
Speaker 1: is there any more pull that he has or pushed
Speaker 1: because he's the chief? Can he twist a few arms?
Speaker 1: Certainly he can try. There are subtle ways. He does
Speaker 1: have the power to assign opinions when he's in the majority,
Speaker 1: and that's potentially a very important power because if you
Speaker 1: have a justice who wants to go further in a
Speaker 1: particular case, and John Roberts wants to issue a narrow ruling, uh,
Speaker 1: he can assign himself the opinion and make sure that
Speaker 1: the language of it is pretty limited. So it's potentially important,
Speaker 1: but at the end of the day, Uh, he certainly
Speaker 1: is a conservative justice. Now, there is a big argument
Speaker 1: coming up in February that we've been talking about regarding
Speaker 1: the census. So you have about a minute here to
Speaker 1: tell us about that. Okay, this is the case, a
Speaker 1: controversy over the addition of a citizenship question to the census,
Speaker 1: and people who are opposed to it, UH say it's
Speaker 1: going to depress depressed participation, UH and make it less
Speaker 1: likely that that heavily Hispanic and often democratic areas will
Speaker 1: be counted in the census. UH. And the issue is
Speaker 1: what sort of evidence can be used in the trial
Speaker 1: to consider whether the administration can put that that question
Speaker 1: on the next census. Uh. The Supreme Court has interviewed, intervened,
Speaker 1: excuse me, in a couple uh incremental ways before this
Speaker 1: this argument. Now in late February, they're going to hear
Speaker 1: arguments UH in a way that will potentially determine whether
Speaker 1: that question can be on the next census. All right,
Speaker 1: we'll be looking forward to that. That's Bloomberg News Supreme
Speaker 1: Court reporter Greg Store. Thanks for listening to the Bloomberg
Speaker 1: Law podcast. You can subscribe and Listen to the show
Speaker 1: on Apple Podcasts, SoundCloud, and on bloomberg dot com slash podcast.
Speaker 1: I'm June Brosso. This is Bloomberg