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>> THE SUPREME COURT IS EXPECTED

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TO HAVE A MOMENTUS TERM HEARING

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CASES ON GAY AND TRANSGENDER

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RIGHTS, IMMIGRATION, ABORTION,

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GUNS AND RELIGION.

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NOT ONLY THAT, THE DECISION

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SHOULD BE HANDED DOWN IN JUNE

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RIGHT IN THE THICK OF THE

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PRESIDENTIAL CAMPAIGN.

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HERE TO BREAKDOWN THE BIG CASES

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ARE MICHAEL SCODRO WHO CLERKED

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FOR JUSTICE SANDRA DAY O'CONNOR

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FROM 1998-1999.

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ADAM MORTARA WHO CLERKED FOR

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JUSTICE CLARENCE THOMAS FROM

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2002-2003.

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AND ANDY DEVOOGHT WHO SERVED

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DURING THE 2002-2003 TERM AS A

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CLERK FOR CHIEF JUSTICE WILLIAM

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REHNQUIST.

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WELCOME BACK TO "CHICAGO

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TONIGHT."

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THREE CASES DEALING WITH LGBTQ

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RIGHTS.

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MICHAEL GIVE US A STATEMENT OF

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THE CASES.

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>> WE HAVE THREE CASES THAT IN

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COMBINATION RAISE TWO ISSUES;

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ONE IS WHETHER OR NOT THE

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FEDERAL ANTI-EMPLOYMENT

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DISCRIMINATION LAW KNOWN AS

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TITLE 7 WHETHER THAT LAW ALSO

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PROTECTS EMPLOYEES BASED ON

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SEXUAL ORIENTATION.

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AND THE OTHER CASE, THE THIRD

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CASE IN THE TRIO ASKS WHETHER IT

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ALSO PROTECTS EMPLOYEES BASED ON

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GENDER IDENTITY.

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AND THE TITLE 7, THE KEY

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LANGUAGE THAT IS AT ISSUE IN THE

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STATUTE IS DISCRIMINATION

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BECAUSE OF SEX AND WHAT THE

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JUSTICES ARE ASKED TO RESOLVE IS

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WHETHER THAT TERM INCLUDES

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BECAUSE OF SEXUAL OTHER

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YENIZATION AND GENDER IDENTITY.

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>> ADAM ONE OF THE CASES THAT

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THE APPEAL COURT LEVEL AND FOR

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THE RECORD MY UNDERSTAND

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SOMETHING RIGHT NOW IN THE

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MAJORITY OF STATES IN THE

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COUNTRY, IT'S NOT ILLEGAL TO

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DISCRIMINATE AGAINST SOMEONE ON

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THE BASIS OF SEXUAL OTHER ORIENN

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OR GENDER IDENTITY.

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>> ON THE BASIS OF FEDERAL LAW

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THAT IS TRUE.

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THE CIRCUIT COURT THAT COVERS

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CONNECTICUT, VERMONT AND NEW

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YORK THOSE COURTS HELD THAT

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TITLE 7 BARS SUCH

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DISCRIMINATION.

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ONE OF THE CASES IN THE SECOND

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CIRCUIT IS THE ONE THAT I ARGUED

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BELOW THE SECOND CIRCUIT IN

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FRONT OF THE COURT NOW.

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BUT MANY, MANY STATES ALREADY

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BAN DISCRIMINATION ON THE BASIS

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OF SEXUAL OTHER YENIZATION OR

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GENDER IDENTITY.

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IN THE SECOND CIRCUIT ALL THREE

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STATES HAD ALREADY BANNED

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DISCRIME FACE.

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THE YES IS WHAT DOES FEDERAL LAW

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PROTECT.

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>> AND YOUR TAKE WAS?

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>> WHAT I WAS ASKED TO ARGUE AND

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WHAT I DID ARGUE IS THE MEANING

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OF THE WORD SEX IN 1964 WAS

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BIOLOGICAL SEX AND WHAT THE

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PLAINTIFFS ARE TRYING TO DO IS

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MAKE IT IF YOU SAY I WAS FIRED

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BECAUSE I AM GAY THAT THAT IS A

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DEFINITIONAL PROVE OF SEX

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DISCRIMINATION BUT IT ISN'T.

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A EMPLOYER GETS A RESUME FROM

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ARE ASHLEY.

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ASHLEY HAS THINGS ON THE RESUME

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DISCLOSING THAT ASHLEY IS

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HOMOSEXUAL AND THE EMPLOYER DOES

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NOT WANT TO HIRE ASHLEY.

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NOBODY KNOWS WHAT ASHLEY'S SEX

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IS.

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I HAVE GUY FRIENDS CALLED

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ASHLEY.

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YET IT CANNOT BE SEX

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DISCRIMINATION.

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YOU HAVE TO KNOW SOMEBODY'S SEX

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TO DO IT.

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>> AS YOU LOOK AT THE MAKEUP OF

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THE KOURTNEY INDICATION BASED ON

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PRIORS RULINGS OR PHILOSOPHY HOW

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THE CASE MIGHT GO?

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>> WELL, I THINK THAT

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CONVENTIONAL WISDOM THIS WOULD

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BE A 5-4 DECISION RULING THAT

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SEX DOES NOT REACH SEXUAL

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ORIENTATION OR TRANSGENDER

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STATUS BUT IT WILL BE

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INTERESTING SOME OF THE

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STRONGEST ARGUMENTS FOR FOLKS

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WHO SAY IT SHOULD REACH THOSE

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AREAS ARE TEXTUAL ARGUMENTS AND

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SOME OF THE JUSTICES IN THE LAST

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COUPLE OF YEARS, KAVANAUGH IN

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PARTICULAR, THE PLAIN MEANING OF

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THE STATUTE FOLKS THINK IT WILL

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BE INTERESTING TO SEE HOW THE

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OPINION IS CONSTRUCTED IF IT IS

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5-4.

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>> CONVERSELY SOME OF THE

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STRONGEST ARGUMENTS ON THE OTHER

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SIDE ARE THE CONSERVATIVE

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JUSTICE DON'T LIKE.

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THE FACT THAT CONGRESS HAS BEEN

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PRESENTED OVER AND OVER AND OVER

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AGAIN WITH AN OPTION TO EXPAND

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TITLE 7 AND DONE NOTHING IS TO A

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LAYMAN POWERFUL EVIDENCE OF THE

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CURRENT LAW DOES NOT COVER IT.

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BUT TO THE CONSERVATIVE JUSTICES

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THAT LEGISLATIVE INACTION IS NOT

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POWERFUL EVIDENCE.

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>> ANDY TELL US ABOUT THE CASE

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JUNE MEDICAL SERVICES VERSUS G

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IT IS AN ABORTION RIGHTS CASE.

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>> THIS IS A CASE OUT OF

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LOUISIANA HAVING ACT 620.

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AND THIS CASE IS A FOLLOW ON TO

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THE DECISION IN 2016 THE WHOLE

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WOMEN HEALTH CASE OUT OF TEXAS.

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THAT WAS A CASE IT HAD BASICALLY

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TWO SETS OF WHAT THE COURT FOUND

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TO BE UNCONSTITUTIONAL

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RESTRICTIONS ON A WOMAN'S

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ABILITY TO RECEIVE AN ABORTION.

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IT WAS ADMIT TANS PRIVILEGES OF

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A DOCTORS THEY HAD TO HAVE

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PRIVILEGES IN A HOSPITAL WITHIN

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AN AREA OF CLINIC AND THE SECOND

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HAD TO DO WITH THE FACILITY

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HAVING TO PROVIDE CERTAIN

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SURGICAL REQUIREMENTS.

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THIS LAW, ONLY FOCUSES ON THE

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ADMITTING PRIVILEGES.

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SO IT'S INTERESTING BECAUSE IN

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THIS CASE, IT CAME UP THROUGH

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LOUISIANA, THE DISTRICT COURT

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FOUND IT UNCONSTITUTIONAL

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THINKING IT WAS APPLYING THE

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SUPREME COURT'S 5-3 DECISION.

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THE COURT OF APPEALS IN THE

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FIFTH CIRCUIT 2-1 RULED IN FACT

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THE DISTRICT COURT AIRED AND THE

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LAW WAS CONSTITUTIONAL.

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TO YOUR QUESTION ABOUT THE

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MAKEUP OF THE COURT THIS IS ONE

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EVERYONE WILL BE WATCHING

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BECAUSE ALTHOUGH IT WAS 5-3 WITH

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THE TEXAS PROVISION YOU NOW HAVE

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A COURT WHERE ALL EYES WILL BE

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ON ROBERTS.

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HE JOINED ALITO'S DECENT

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THINKING HE DID NOT THINK THERE

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WAS A LINK BETWEEN THE PRIVILEGE

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REQUIREMENTS AND THE INTERFERING

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WITH A WOMAN'S ABILITY TO GET AN

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ABORTION.

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CONVENTIONAL WISDOM IS LIKELY

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5-4 DECISION BUT WE HAVE TO SEE

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HOW IT PLAYS OUT.

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>> MICHAEL AS ONE LOOKS AT THE

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ABORTION CASE, THE GUIDING STAR

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FOR A LOT OF PEOPLE ON THE RIGHT

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APPEARS TO BE THE OVERTURN OF

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ROE V. WADE.

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COULD THIS CASE BE A MARKER IN

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THAT POSSIBLE EVENTUALITY?

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>> I THINK A LOT OF COURT

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WATCHERS WILL LOOK FOR ANY

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INDICATION WHICH WAY THE COURT

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MAY BE HEADED WITH REGARD TO ROE

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IN THE SUPREME COURT.

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I THINK THIS CASE AS IT'S BEEN

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OUTLINED, THIS PRESENTS A

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NARROWER QUESTION.

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IT IS NOT ASKING THAT ISSUE BUT

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TO BE SURE PEOPLE WILL BE

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LOOKING FOR SIGNALS BOTH FROM

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WHO JOINS THE OPINION AND WHAT

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00:06:41,766 --> 00:06:49,766
THE OPINION LOOKS LIKE.

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AND I AGREE THERE WILL BE A

203
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DISSENT IT WILL BE A DIVIDED

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COURT.

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00:06:50,566 --> 00:06:56,233
ONE OF THE THINGS PEOPLE ARE

206
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LOOKING AT, SO CHIEF JUSTICE

207
00:06:54,333 --> 00:07:00,100
ROBERTS DID JOIN WITH THE MORE

208
00:06:56,233 --> 00:07:01,700
LIBERAL JUSTICES IN STAYING THE

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00:06:58,333 --> 00:07:04,833
EFFECT OF THE LAW EARLIER THIS

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YEAR THAT IS TO GIVE THE SUPREME

211
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COURT TIME TO ADJUDICATE THE

212
00:07:04,833 --> 00:07:07,933
APPEAL.

213
00:07:05,166 --> 00:07:10,133
AND PEOPLE WILL TRY TO READ INTO

214
00:07:06,866 --> 00:07:11,833
THAT AS WELL.

215
00:07:07,933 --> 00:07:14,466
HAS THE CHIEF JUSTICE SIGNALED

216
00:07:10,133 --> 00:07:16,366
IN SOME WAY THAT HE IS WILLING

217
00:07:11,833 --> 00:07:18,233
TO BE ALIGNED AND TO HOLD FAST

218
00:07:14,466 --> 00:07:19,666
TO THE DECISION FROM 2016?

219
00:07:16,366 --> 00:07:21,166
OR INSTEAD WAS THAT THE CHIEF

220
00:07:18,233 --> 00:07:24,266
JOINING TO GIVE THE COURT TIME

221
00:07:19,666 --> 00:07:26,033
TO VET THE ISSUE.

222
00:07:21,166 --> 00:07:27,533
>> HOW ABOUT THAT, DO YOU AGREE

223
00:07:24,266 --> 00:07:29,233
AT THIS POINT PEOPLE LOOK AT THE

224
00:07:26,033 --> 00:07:31,666
COURT AND SAY GIVEN THE MAKEUP

225
00:07:27,533 --> 00:07:34,733
OF THE COURT AT THIS POINT, THE

226
00:07:29,233 --> 00:07:35,533
CHIEF JUSTICE IS KIND OF IN THE

227
00:07:31,666 --> 00:07:37,766
MIDDLE TO WHAT EXTENT IS HE A

228
00:07:34,733 --> 00:07:40,133
PIVOTAL CHARACTER AS TO WHETHER

229
00:07:35,533 --> 00:07:42,566
OR NOT NOT JUST WITH ROE V. WADE

230
00:07:37,766 --> 00:07:44,100
BUT OTHER CASES HE WILL ADHERE

231
00:07:40,133 --> 00:07:44,433
TO PRECEDENT OR PURSUE CHANGE?

232
00:07:42,566 --> 00:07:47,166
>> HE VERY MUCH IS THE KEY

233
00:07:44,100 --> 00:07:49,100
FIGURE.

234
00:07:44,433 --> 00:07:50,433
IN THIS ABORTION, LAY PEOPLE CAN

235
00:07:47,166 --> 00:07:53,033
BE FORGIVEN THEY MIGHT THINK

236
00:07:49,100 --> 00:07:54,466
THAT A THIRD OF THE CONSTITUTION

237
00:07:50,433 --> 00:07:55,666
IS DEVOTED TO ABORTION AND NONE

238
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OF IT IS.

239
00:07:54,466 --> 00:07:58,066
AND WOMEN'S HEALTH CASE IS

240
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WRONG.

241
00:07:55,966 --> 00:08:01,300
WHAT THE CIRCUIT DID WAS PUT IT

242
00:07:58,066 --> 00:08:03,666
BACK TO THE SUPREME COURT AND

243
00:07:59,600 --> 00:08:05,600
SAY WITH JUSTICE KENNEDY GONE

244
00:08:01,300 --> 00:08:07,633
AND THE SUPER LEGISLATURE THE

245
00:08:03,666 --> 00:08:09,633
SUPREME COURT RECONSTITUTED ARE

246
00:08:05,600 --> 00:08:10,466
YOU SERIOUS ABOUT THIS?

247
00:08:07,633 --> 00:08:11,700
BECAUSE IT IS ESSENTIALLY AN

248
00:08:09,633 --> 00:08:13,333
IDENTICAL CASE.

249
00:08:10,466 --> 00:08:15,200
THEY HAVE SOME REASONS FOR

250
00:08:11,700 --> 00:08:17,000
DIFFERING BUT NOT MUCH.

251
00:08:13,333 --> 00:08:19,166
WHAT AND WHAT THE CHIEF JUSTICE

252
00:08:15,200 --> 00:08:20,866
DID IS ADD A QUESTION AND IT

253
00:08:17,000 --> 00:08:21,800
WAS:  DO THE ABORTION PROVIDERS

254
00:08:19,166 --> 00:08:23,300
EVEN HAVE STANDING TO CHALLENGE

255
00:08:20,866 --> 00:08:25,100
THESE PROVISIONS.

256
00:08:21,800 --> 00:08:26,733
AND I THINK WHAT YOU MIGHT SEE

257
00:08:23,300 --> 00:08:29,200
IS THE COURT PLAY THEIR GET OUT

258
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OF JAIL FREE CARD AND SAY WE ARE

259
00:08:26,733 --> 00:08:32,066
NOT GOING TO OVERRULE BUT

260
00:08:29,200 --> 00:08:34,133
ABORTION PROVIDERS CANNOT

261
00:08:30,566 --> 00:08:36,766
CHALLENGE THESE LAWS.

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00:08:32,066 --> 00:08:38,200
>> MICHAEL LET'S TALK ABOUT GUN

263
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RIGHTS THE NEW YORK STATE RIFLE

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AND PISTOL ASSOCIATION VERSUS

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NEW YORK.

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>> THIS INVOLVES WHAT HAD BEEN A

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NEW YORK ORDINANCE THAT

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PROHIBITED THOSE WHO HAVE

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SO-CALLED PREMISES LICENSE, THE

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LICENSE TO HAVE A GUN FOR

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SELF-DEFENSE IN THE HOME IT

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PROHIBITED THEM FROM

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TRANSPORTING THE FIREARM

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UNLOADED OUT OF THEIR HOME AND

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OUT OF THE CITY TO THE TWO SPOTS

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THE FOCUS OF THE CASE HAS BEEN

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GUN RANGES AND SECOND HOMES.

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AND THE CHALLENGE WAS UNDER THE

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SECOND AMENDMENT WHICH THE COURT

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HAS NOT TOUCHED SINCE 2010,

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AFTER A COUPLE OF DECISIONS 08

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AND 10 WHERE THEY RECOGNIZED THE

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PERSONAL RIGHT TO BEAR ARMS IN

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THE HOMES AND APPLIED IT TO THE

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MUNICIPALITIES THE COURT IS

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ENTERING TO DECIDE WHAT SOMEWHAT

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WHAT THE BOUNDS OF THAT RIGHT

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MAY BE.

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THERE IS A HICCUP TALK ABOUT THE

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POTENTIAL GET OUT OF JAIL FREE

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CARD HERE IT IS A DOCTRINE OF

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MUTENESS.

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NEW YORK NO LONGER HAS THAT LAW

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ON THE BOOKS AND NEW YORK STATE

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ALSO PASSED A STATUTE THAT

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PERMITS NEW YORKERS TO TAKE

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THEIR UNLOADED FIREARMS OUT OF

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THE CITY FOR THINGS LIKE GUN

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RANGES AND SECOND HOMES.

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SO THE CITY SAID LOOK THERE IS

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NO NEED FOR THE COURT TO REACH

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THE MERITS HERE.

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THIS IS NOW MUTE AND THE COURT

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TODAY ISSUED AN ORDER SAYING

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THANK YOU FOR INFORMING US WE

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WILL TAKE UP THAT QUESTION WITH

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THE MERITS OF THIS ISSUE LATER

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THIS YEAR.

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>> STAY TUNED FOR THAT ONE.

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THANK YOU ALL FOR BEING HERE.

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APPRECIATE IT.