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A podcast hosted by SCOTUSblog contributors, SCOTUStalk takes a “plain English” look at events and topics relating to the Supreme Court.
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    • Nachrichten

A podcast hosted by SCOTUSblog contributors, SCOTUStalk takes a “plain English” look at events and topics relating to the Supreme Court.
See acast.com/privacy for privacy and opt-out information.

    The return of virtual SCOTUS

    The return of virtual SCOTUS

    Amid an ongoing pandemic, the recent death of Justice Ruth Bader Ginsburg and a looming confirmation battle, the eight justices of the Supreme Court began a new term last Monday. SCOTUStalk host Amy Howe sits down with SCOTUSblog media editor Katie Barlow to discuss the first week of the term, including an apparent procedural tweak to telephonic oral arguments and which justice is now handling emergency appeals from the U.S. Court of Appeals for the 2nd Circuit (Ginsburg had been the "circuit justice" for the 2nd Circuit).
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    • 13 Min.
    Who is Amy Coney Barrett?

    Who is Amy Coney Barrett?

    Who is Judge Amy Coney Barrett and what’s next for her confirmation battle? Amy Howe answers these questions and more on this week’s episode of SCOTUStalk. Amy sits down with SCOTUSblog media editor Katie Barlow to discuss the significance of President Donald Trump’s third nomination to the court, what the truncated confirmation timeline will be like, and what hot-button issues she would face as the court’s newest justice.
     
    The full transcript is below.
     
     
    [00:00:00] Oyez! Oyez! Oyez!
    Amy Howe: [00:00:03] This is SCOTUStalk, a nonpartisan podcast about the Supreme Court for lawyers and non-lawyers alike, brought to you by SCOTUSblog.
    AH: [00:00:13] On Saturday, President Donald Trump announced that he was nominating Judge Amy Coney Barrett to fill the vacancy created by the death of Justice Ruth Bader Ginsburg. What does Barrett's nomination mean for the Supreme Court, which is scheduled to begin its new term on Monday, October 5th? Joining me to suss this out is Katie Barlow, SCOTUSblog's media editor. Katie, thanks for joining me. Let's go ahead and dive in.
    Katie Barlow: [00:00:37] Now that we know who President Trump's nominee is, then we can start to dig into her background and some of the opinions that she's written. It's easy to get into the weeds, but let's zoom out to ten thousand feet for a second and just talk about what is the significance of this nomination and what could it mean?
    AH: [00:00:58] So if Amy Coney Barrett turns out to be a justice in the mold of Justice Antonin Scalia, for whom she clerked and whose jurisprudence she says she emulates, it really could be a seismic shift on the court. Many of the Supreme Court's recent decisions on the sort of hot button social issues of the day have been five, four decisions. And many of the decisions in which the justices have reached what many would consider to be a liberal result have been because the either the chief justice or before him, Justice Anthony Kennedy, joined the court's four more liberal justices. And now that group of four more liberal justices is down would be down to three, because Justice Ruth Bader Ginsburg, who passed away last week, was one of the most reliably liberal justices on the court. And so, you'd have three liberal justices and a really solid majority of six conservative justices.
    [00:02:01] And so it wouldn't really so much matter anymore if one of the conservative justices peeled off to vote for with the liberal justices because there would still be a very solid majority of five conservative justices. And so this could affect all kinds of issues like abortion, affirmative action, gun rights, you name it.
    KB: [00:02:21] All right. So, having taken that wider lens view, now let's zoom back in. And who is Amy Coney Barrett? What do we know about her? Who is she?
    [00:02:32] So we know quite a lot. She is a forty-eight-year-old judge on the US Court of Appeals for the 7th Circuit, which is based in Chicago. She grew up in Louisiana, went to law school at Notre Dame, where she was a top student before coming to Washington, first a clerk on the D.C. Circuit and then to clerk on the Supreme Court for Justice Scalia. She stayed in Washington for a couple of years to practice law, starting at a law firm called Miller Cassidy, which was a boutique law firm and really was one of the hardest jobs to get in Washington as a young law student at the time. So ,she stayed there for a couple of years and then she went back to Notre Dame to teach as a law professor there for 15 years before becoming a federal judge in 2017. While she was at Notre Dame, she won teaching awards. She had very broad support from the faculty and her students when she was nominated by President Trump to serve on the Court of Appeals in 2017.
    KB: [00:03:30] We heard at the nomination ceremony yesterday how excited the conservatives were.
    [00:03:35] I mean, ther

    • 26 Min.
    “We’ll just have to keep doing the work”: Ginsburg’s clerks remember her example in a tumultuous year

    “We’ll just have to keep doing the work”: Ginsburg’s clerks remember her example in a tumultuous year

    The members of the 2016-17 clerk class for Justice Ruth Bader Ginsburg started their clerkship amid great uncertainty and a grieving court. In the second in a two-part series of interviews with former Ginsburg clerks, SCOTUStalk host Amy Howe talked with all four of the justice’s clerks from that term: Subash Iyer, Hajin Kim, Beth Neitzel and Parker Rider-Longmaid. Between the recent death of Justice Antonin Scalia, a contentious election, and two nominations for one seat, they describe the year as “a slow-motion train wreck.” But amid the chaos, they remember Ginsburg’s commitment to doing the work, notable cases that advanced justice, and the few special times they made her laugh.
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    • 33 Min.
    "Like playing with Michael Jordan": Three former Ginsburg clerks talk about what it was like working for the justice

    "Like playing with Michael Jordan": Three former Ginsburg clerks talk about what it was like working for the justice

    SCOTUStalk Host Amy Howe spoke this week with two groups of former law clerks for the late Justice Ruth Bader Ginsburg. In the first of these interviews, Kelsi Brown Corkran, Lori Alvino McGill, and Amanda Tyler share their memories of meeting Ginsburg for the time and working for a boss who herself was such a hard worker.
    Full Transcript:
    [00:00:00] Oyez! Oyez! Oyez!
    Amy Howe: [00:00:03] This is SCOTUStalk, a nonpartisan podcast about the Supreme Court for lawyers and non-lawyers alike, brought to you by SCOTUSblog.
    AH: [00:00:13] Welcome to SCOTUStalk. I'm Amy Howe. Thanks for joining us. Members of the public generally knew her as the Notorious RBG or as a tiny but mighty figure in the courtroom. For her law clerks, though, Ginsburg was a warm and thoughtful role model and mentor. We're so lucky to have three of her law clerks with us to talk about the time they spent working with Ginsburg as well as their relationships with her after they finished their clerkships. Kelsi Brown Corkran is the head of the Supreme Court practice at Orrick, Herrington and Sutcliffe. Lori Alvino McGill is an appellate lawyer who clerked for Justice Ginsburg during the October term, 2005. And Amanda Tyler is the Shannon Cecil Turner professor of law at the University of California, Berkeley School of Law.
    Let's start at the beginning. Talk about how you came to be a clerk for Justice Ginsburg. What was the interview process like? You're all relatively young lawyers going to talk to Justice Ginsburg, who was not much of a small talker. What was the interview like?
    Kelsi Brown Corkran: Yeah, so I was actually a little bit older. I was pregnant with my son when I clerked for Judge Tatel on the D.C. Circuit.
    So I waited until after my kids were born before I applied to clerk on the court. It's pretty well documented that when Justice Ginsburg was recommended to clerk for Justice Frankfurter by the dean of Harvard Law School, that he was initially willing to consider a female clerk, but when he found out that she was a mother, that was just too much. He could not have a mother in chambers. And so she missed out on the opportunity to do a clerkship on the Supreme Court. And so that interview was just incredible in so many ways. I mean, to see her in person, I still am not over that. And it was almost a decade ago, and I ended up working with her for a year. But I can still remember walking into chambers and seeing her there in real life. But we ended up talking about my kids. I brought them up at some point and she smiled and asked how old they were. And then a few minutes later offered me the clerkship. And it was it was very special to me. I think it was a joy to her to be able to give that opportunity to so many of the clerks that she lost out on. And I was just one of many clerks who came to chambers, both male and female, who already had kids. So, it was a particular piece of it that was special to me.
    AH: [00:02:51] Lori, how about you?
    LAM: Well it’s hard to follow that story. But I have a couple of sharp memories from my interview process. The first was when I was extended the interview. I was working on the DC Circuit for Douglas Ginsburg. No relation, but they were friends.
    [00:03:12] But they come from a very different ideological background, I would say.
    [00:03:17] So the first thing I remember is DHC coming into my little part of chambers and letting me know that Justice Ginsburg had called him about me, and I was elated. Of course, I was really excited. And he said, but so here's the thing. I think she's going to call you and extend an interview. And I think if she interviews you, she's going to hire you. And he looks very serious. And I'm like, well, that sounds great. And he said, well, you understand, if she extends an offer to you, you have to accept that.
    [00:03:50] Yeah.
    [00:03:53] And then he looks at me like, what, Lori? I jus

    • 29 Min.
    Grieving RBG: Words of sorrow and gratitude from mourners at the court

    Grieving RBG: Words of sorrow and gratitude from mourners at the court

    As soon as the public learned of the death of Justice Ruth Bader Ginsburg on Friday evening, mourners began gathering outside the Supreme Court. Leaving flowers, candles and messages in chalk written near the courthouse steps, thousands of people have paid their respects to a woman who inspired a generation and, late in life, attained an iconic status in American culture. Over the weekend, SCOTUSblog’s deputy manager, Katie Bart, interviewed members of the public who gathered in remembrance and mourning. Their words make up the latest episode of SCOTUStalk.
    Full Transcript:
    [00:00:00] Oyez! Oyez! Oyez!
    Amy Howe: [00:00:03] This is SCOTUStalk, a nonpartisan podcast about the Supreme Court for lawyers and non-lawyers alike, brought to you by SCOTUSblog.
    Katie Bart: [00:00:13] Welcome to SCOTUStalk. I'm Katie Bart. Thanks for joining us. On Friday, September 18th, Justice Ruth Bader Ginsburg passed away from complications related to pancreatic cancer. She served on the Supreme Court for 27 years. The Supreme Court released statements from the eight justices and two retired justices on Saturday. Chief Justice John Roberts called her a “tireless and resolute champion of justice.” Justice Thomas said that she was a “superb justice who exacted the best from each of them, whether in agreement or disagreement.” Justices Elena Kagan and Sonia Sotomayor said that to them, as to countless others, Ruth Bader Ginsburg was a hero. Justice David Souter, who retired from the bench in 2009, said that he “loved her to pieces.” Almost immediately after news of her passing, thousands of people were drawn to the steps of the Supreme Court to mourn and celebrate her life. Here's Tiffany Thompson on why she visited the court and what Ruth Bader Ginsburg meant to her.
    Tiffany Thompson: [00:01:15] We have suffered an extraordinary loss and we need to, I think, come together in a way that we haven't had a chance to come together. That's sort of how I feel. She gave us hope. She gave us an extraordinary power that we didn't know that we had. She gave us an opportunity to be free in a way that we didn't know how to. We never had a chance to do that before.
    KB: [00:01:42] Here's Jill Marie Bussey on why she visited the court.
    Jill Marie Bussey: [00:01:46] I couldn't help but be here. I felt called to come to the court. I'm a woman lawyer. And Ruth Bader Ginsburg is a tremendous role model in my life and so many women in my field. When she was appointed to the Supreme Court, I remember that day vividly. I was in college at that time and I remember them doing the background on the news and learning about how she learned from Charles Hamilton Houston and Thurgood Marshall's approach to challenging the law. And not just inspired me because I had already heard of Charles Hamilton Houston and Thurgood Marshall, but I didn't know that she took a page from their book and applied it to trying to achieve equality for women. And I then realized that I was able to play high school sports because of her, like there was so much. I just remember that all coming to me when I was in college and I knew I wanted to go to law school at that time. But it was her inspiration that made me think of how I could apply a law degree for good. And now I'm an immigrant attorney, immigrant advocate, and I've seen her. I've come here to the court and seen cases before her in the court, and I'm just very grateful for her service. And it's a tremendous loss. But her legacy will live on.
    KB: [00:03:14] Here's Dawn Popp, who drove in from Elkridge, Maryland, on why she visited the court.
    Dawn Popp: [00:03:19] I just felt such a tremendous sense of loss when I heard yesterday. I was just so devastated. And as soon as I heard that something was happening today, I knew I had to be here. I'm a lawyer. And I mean, I think every female lawyer in this country is inspired by her. I me

    • 8 Min.
    SCOTUStalk heads to the ballot box: The Supreme Court and the 2020 election

    SCOTUStalk heads to the ballot box: The Supreme Court and the 2020 election

    Ever since Bush v. Gore, the case that effectively decided the 2000 presidential race, the Supreme Court increasingly has been asked to intervene in fraught disputes over election procedures. Add in a pandemic, and the 2020 election season promises to be unprecedented. This week on SCOTUStalk, SCOTUSblog’s social media editor, Katie Barlow, joins Amy Howe to break down the court’s influence on the election. They survey major election-related rulings the justices have already handed down this summer and preview what role the court might play in the run-up to Election Day – and, potentially, the weeks afterward. Katie and Amy also discuss the launch of an exciting new project between SCOTUSblog and Election Law at Ohio State: the 2020 Election Litigation Tracker.
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    • 18 Min.

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