JOINING US TO DISCUSS OUR OUR GUESTS, PUT --
GUEST PROFESSOR TARA LEE GROVE. I WANT TO GET YOUR REACTION ON
THIS PACIFIC, THE CONSERVATIVE JUDGES IN SIDING WITH THE
MAJORITY.
>> RIGHT SO THERE ARE LOTS OF EXTRAORDINARY THINGS ABOUT THIS
CASE BASED ON WHAT IS CALLED THE INDEPENDENT STATE
LEGISLATURE THEORY. SO ONE POTENTIAL SURPRISE THE
SUPREME COURT DECIDED AT ALL THERE WAS A REAL QUESTION
WHETHER THE CASE WAS WHAT WE CALL MOOT BECAUSE NORTH
CAROLINA STATE SUPREME COURT HAD CHANGED ITS VIEW THE VERY
VIEW THE SUPREME COURT WAS REVIEWING BUT THE SUPREME COURT
FOUND WE HAD JURISDICTION OVER THIS CASE AND THEN PROCEEDED TO
REJECT WHAT IS EFFECTIVELY THE MOST EXTREME VISION OF THE
INDEPENDENT STATE LEGISLATURE THEORY, THAT THE INDEPENDENT
STATE LEGISLATURE THEORY WAS ESSENTIALLY AN IDEA THAT
BECAUSE THE CONSTITUTION GIVES THE STATEMENT TO STAGER AS
OPPOSED TO THE POWER TO CONTROL WHERE FEDERAL ELECTIONS SO ON
AND SO FORTH ARE HELD, THAT THAT MEANT THAT EVEN STATE
COURTS COULD NOT REVIEW THEM AND THAT WAS AN EXTREME THEORY
AND THE SUPREME COURT RESOUNDINGLY SAID NO.
I WANT TO KNOW THAT THE DECISION IS BEING HELD 6-3 AND
ACTUALLY JUSTICE ALITO DISSENTED ONLY ON MOOTNES SO WE
DON'TS KNOW WHERE HE IS ON THE MERITS HERE AND IT IS POSSIBLE
-- THE TWO. JOE: IT IS PRETTY FASCINATING TO
CONSIDER AND I KNOW THAT THERE ARE SOME CASES SPECIFIC ISSUES
HERE THAT MIGHT GO BEYOND POLITICS BUT I CAUGHT UP A
LITTLE BIT LATER TO THE EXTENT WE WANT TO GO DEEPER INTO THE
OPINION AND IMPACT WITH FORMER FEDERAL PROSECUTOR MICHAEL
ZELDIN ABOUT THE IMPLICATIONS OF THIS DECISION ON
BLOOMBERGRADIO.COM A TAKE A LISTEN. MICHAEL:
THE COURT SAID--- 6-3 KNOW YOU ARE NOT INSULATED FROM JUDICIAL
REVIEW IN THE ORDINARY SENSE AND THAT KNOW THIS THEORY DOES
NOT HOLD WATER. THAT IS REALLY IMPORTANT.
THAT IS A VERY PRO-DEMOCRACY RULING. JOE:JOE:
SO I GUESS I WONDER TO WHAT EXTENT IS THIS ABOUT THE BULLET
THAT WAS DODGE VERSUS AN IMPACT ON -- DODGED VERSUS THE IMPACT
NOW. WILL THIS ACTUALLY MAKE IT UH
MORE DIFFICULT FOR INSTANCE, THE GERRYMANDER OR IS THIS
ABOUT MAINTAINING THE STATUS QUO? TARA LEIGH:
SO, RIGHT NOW, THE, THE SUPREME COURT SAID THAT IF A STATE
CONSTITUTION BARS MITT GERRYMANDERING, A STATE COURT
CAN SAY SO AND THAT IS
IMPORTANT AND WHAT IS UNSAID OR UNCLEAR FROM THE DECISION IS
YOU KNOW, IS THERE A WORLD IN WHICH STATE SUPREME COURTS
COULD GO TOO FAR AND THE SUPREME COURT SAID YES, BUT
THEY DID NOT SAY WHAT TWO-PART MIGHT BE, SO THERE ARE
POSSIBILITIES THE SUPREME COURT COULD REVIEW THE STATE COURTS
REVIEW OF WHAT THE STATE LEGISLATURE DID BUT I STILL
THINK IT IS HUGELY IMPORTANT THAT THE SUPREME COURT
RESOUNDINGLY DEFEATED THIS I DID THAT STATE LEGISLATURES CAN
DO WHATEVER THEY WANT AND NO OTHER STATE INSTITUTIONS CAN
SAY ANYTHING ABOUT IT. ANNMARIE: WE HAVE ANOTHER -- OTHER CASES
COMING UP WHEN IT COMES TO BIDEN, STUDENT LOANS,
AFFIRMATIVE ACTION, WHAT IS YOUR SENSE ON
HOW THE SUPREME COURT WILL RULE ON THESE TOP CASES?
TARA LEIGH:TARA LEIGH: SO THE SUPREME COURT HAS GIVEN
US SOME SURPRISES THIS TERM AND THAT IS REALLY IMPORTANT.
IT REJECTED THE CHALLENGE TO PRESIDENT BIDEN'S IMMIGRATION
ENFORCEMENT PRIORITIES ON STANDING GROUNDS AND HAS
REJECTED UM IT REJECTED THE CHALLENGE TO THE INDIAN CHILD
WHERE FELL -- WELFARE ACT AND UPHELD
SECTION TWO OF THE VOTING, RIGHTS ACT SO I WANT TO BE
CLEAR THAT ANY PREDICTIONS BY MAY COULD WELL TURN OUT TO BE
WRONG BECAUSE I THINK WE HAVE ALL BEEN SURPRISED BY SOME OF
THEIR DECISIONS.
THAT SAID, I DO ANTICIPATE A PRETTY BIG RULING ON
AFFIRMATIVE ACTION AND ONE THAT WILL END AFFIRMATIVE ACTION
NATIONWIDE AND ONE OTHER IMPORTANT THINGS TO KEEP IN
MIND ABOUT THAT CASES THAT IT INVOLVES PUBLIC AND PRIVATE
INSTITUTIONS BECAUSE PART OF THE CASES ABOUT THE U.S.
CONSTITUTION THAT APPLIES ONLY TO PUBLIC UNIVERSITIES, BUT
PART OF THE CASE IS ABOUT TITLE VI ON THE CIVIL RIGHTS ACT OF
1964 AND THAT INVOLVED PRIVATE INSTITUTIONS LIKE
HARVARD, SO THE SUPREME COURT'S RULING PRESUMABLY LATER
THIS WEEK IS LIKELY TO END RACE-BASED AFFIRMATIVE ACTION
IN ADMISSIONS AND EVERY INSTITUTION IN THE COUNTRY. JOE:
THAT IS A BIG DEAL AND IMPORTANT BEAUTY HEAR FROM YOU,
TARA, WITH THAT SAID, HOW DO YOU SPEAK TO THE
NARRATIVE THIS IS A SHIFTING COURT AFTER THE LAST COUPLE OF
CASES WE HAVE SEEN 6-3 WITH TWO CONSERVATIVE JUSTICES CITING --
IN SIDING WITH THE CHIEF JUSTICE TO RULE AGAINST
REPUBLICANS IN NORTH CAROLINA? ARE YOU LOOKING AT THIS ON A
CASE-BY-CASE BASIS OR FROM A POLITICAL POINT OF VIEW?
TARA LEIGH: I ALWAYS ASSUMED THAT COURTS
WILL RULE PRIMARILY ON THE LAW EVEN IF THEY ARE INFLUENCED BY
OTHER THINGS. UM, AS I SAID I WAS SURPRISED
BY THE VOTING RIGHTS ACT OR DECISION BUT LESS SURPRISED BY
THE DECISION TODAY. THE THE INDEPENDENT STATE
LEGISLATURE THEORY WAS A PRETTY EXTREME THEORY FROM ANYBODY'S
PERSPECTIVE AND SO, I THINK IT MADE A LOT OF SENSE THAT AN
OVERWHELMING MAJORITY OF THE SUPREME COURT SAID UM THAT THAT
GOES TOO FAR.