WEBVTT 00:02.066 --> 00:05.266 align:left position:10% line:77% size:80% This week, the Supreme Court began its new term featuring several high profile cases. 00:06.866 --> 00:09.166 align:left position:20% line:77% size:70% On Tuesday, the justices heard oral arguments for Merrill V. Milligan. 00:09.166 --> 00:13.700 align:left position:10% line:77% size:80% The plaintiffs are arguing the Alabama's new congressional map dilutes the voting power 00:13.700 --> 00:15.766 align:left position:20% line:89% size:70% of black residents. 00:15.766 --> 00:19.533 align:left position:10% line:77% size:80% Here is Justice Ketanji Brown Jackson, the first black woman on the court, who made her 00:19.533 --> 00:21.800 align:left position:20% line:83% size:70% debut this week, talking about the case. 00:21.800 --> 00:24.533 align:left position:10% line:77% size:80% Ketanji Brown Jackson, Associate Justice of the U.S. Supreme Court: It became clear to 00:24.533 --> 00:29.533 align:left position:10% line:77% size:80% me that the Framers themselves adopted the equal protection clause -- in a race-conscious 00:30.700 --> 00:32.700 align:left position:40% line:89% size:50% way. 00:32.700 --> 00:36.700 align:left position:10% line:77% size:80% That we were, in fact, trying to ensure that - - the Freedman, during the Reconstruction 00:39.466 --> 00:44.433 align:left position:10% line:77% size:80% period, were actually brought equal to everyone else in society. 00:46.266 --> 00:49.633 align:left position:10% line:77% size:80% Yamiche Alcindor: Conservative Justice Samuel Alito also weighed in. 00:49.633 --> 00:51.966 align:left position:10% line:77% size:80% Samuel Alito, Conservative Justice of U.S. Supreme Court: They're not going to win on 00:51.966 --> 00:56.933 align:left position:10% line:77% size:80% whether the majority votes as a block, which may be due to ideology and not have anything 00:59.333 --> 01:01.433 align:left position:30% line:89% size:60% to do with race. 01:01.433 --> 01:05.000 align:left position:10% line:77% size:80% It may be that black voters and white voters prefer different candidates now because they 01:05.000 --> 01:08.800 align:left position:10% line:83% size:80% have different ideas about what the government should do. 01:08.800 --> 01:12.200 align:left position:10% line:77% size:80% Yamiche Alcindor: Quite an experience to be able to hear those oral arguments. 01:12.200 --> 01:16.566 align:left position:10% line:77% size:80% I might just call this part of the show "The Ariane De Vogue Show", because clearly, you're 01:16.566 --> 01:17.800 align:left position:20% line:89% size:70% the expert at the table. 01:17.800 --> 01:19.833 align:left position:20% line:89% size:70% So, I'll just ask you. 01:19.833 --> 01:22.066 align:left position:10% line:77% size:80% What are the most important cases coming out of the Supreme Court, especially as we think 01:22.066 --> 01:24.133 align:left position:10% line:89% size:80% about everyday Americans lives? 01:24.133 --> 01:27.066 align:left position:10% line:77% size:80% Ariana De Vogue: Well, it was so interesting to hear her there because, usually when a 01:27.066 --> 01:31.433 align:left position:10% line:77% size:80% justice starts on the court, they want to show that they know what they're doing. 01:31.433 --> 01:33.600 align:left position:20% line:83% size:70% But, -- and, they asked a few questions. 01:33.600 --> 01:36.233 align:left position:20% line:83% size:70% She actually dominated those arguments there. 01:36.233 --> 01:37.233 align:left position:10% line:89% size:80% That was what was interesting. 01:37.233 --> 01:38.700 align:left position:10% line:89% size:80% She went on and on and on. 01:38.700 --> 01:40.466 align:left position:10% line:83% size:80% And, she knows she has these Conservative colleagues. 01:40.466 --> 01:42.600 align:left position:10% line:89% size:80% And, you saw that clip there. 01:42.600 --> 01:46.066 align:left position:10% line:77% size:80% What was interesting is she saw her Conservative colleagues who believe in originalism, right, 01:46.066 --> 01:49.533 align:left position:10% line:83% size:80% and she is making an originalism argument there. 01:49.533 --> 01:53.600 align:left position:10% line:77% size:80% She is saying, "Don't talk to me about how these maps have to be race neutral", when, 01:53.600 --> 01:55.533 align:left position:20% line:83% size:70% in fact, look at the 14th Amendment. 01:55.533 --> 01:57.566 align:left position:20% line:83% size:70% They took race into consideration there. 01:57.566 --> 02:00.233 align:left position:10% line:83% size:80% It was so fascinating to see you're trying to take that away. 02:00.233 --> 02:02.600 align:left position:20% line:83% size:70% So, we do have these big cases coming. 02:02.600 --> 02:06.700 align:left position:20% line:77% size:70% We've got this -- we've already had that one, the Section Two case. 02:06.700 --> 02:11.333 align:left position:10% line:77% size:80% And then, there is another case that's infused with race again this term, and that has to 02:11.333 --> 02:12.733 align:left position:10% line:89% size:80% do with affirmative action. 02:12.733 --> 02:15.166 align:left position:10% line:89% size:80% In fact, there is two disputes. 02:15.166 --> 02:20.166 align:left position:10% line:77% size:80% Court precedent says remember that you can take race in consideration as a factor in 02:20.766 --> 02:22.800 align:left position:30% line:89% size:60% admissions. 02:22.800 --> 02:25.200 align:left position:10% line:77% size:80% But now, a Conservative group is coming to the court and saying, we don't want you to 02:25.200 --> 02:29.433 align:left position:10% line:71% size:80% take race in -- you can't look at race at all, otherwise, you're violating the Constitution. 02:31.466 --> 02:35.600 align:left position:10% line:77% size:80% So, once again, this court is being asked to look at an overturned precedent, as we 02:35.600 --> 02:37.633 align:left position:30% line:89% size:60% saw last term. 02:37.633 --> 02:41.966 align:left position:10% line:77% size:80% There is another interesting voting rights case, and it comes from supporters of Trump 02:43.933 --> 02:47.933 align:left position:10% line:77% size:80% who want the court to adopt this obscure legal theory that basically says that state courts 02:49.833 --> 02:53.733 align:left position:10% line:77% size:80% cannot play a role when they're looking at laws passed by state legislatures when it 02:55.566 --> 02:57.700 align:left position:10% line:89% size:80% comes to federal elections. 02:57.700 --> 03:02.066 align:left position:10% line:77% size:80% And, what that would mean, critics feel, is that state legislatures could go rogue. 03:03.966 --> 03:06.400 align:left position:10% line:77% size:80% They could pass whatever they wanted to, and the state courts couldn't stop them. 03:06.400 --> 03:11.266 align:left position:10% line:77% size:80% And, right now, most of the state legislatures are controlled by Republicans. 03:11.266 --> 03:16.266 align:left position:10% line:77% size:80% So, there is a real fear among supporters of voting rights about where this case could 03:16.833 --> 03:18.800 align:left position:40% line:89% size:50% go. 03:18.800 --> 03:22.833 align:left position:10% line:77% size:80% There is also a really important LGBTQ case coming up, again, pitting those rights, gay 03:24.066 --> 03:26.800 align:left position:20% line:83% size:70% rights against claims of religious liberty. 03:26.800 --> 03:29.300 align:left position:20% line:83% size:70% That's going to be a hot button topic. 03:29.300 --> 03:33.766 align:left position:10% line:71% size:80% But, it was so fascinating to see that Justice Jackson is going to take over this term that 03:35.800 --> 03:39.833 align:left position:20% line:71% size:70% is so infused with race, handling these cases, and she started out there, she was at ease, 03:41.233 --> 03:44.066 align:left position:10% line:83% size:80% she was confident and she was super aggressive. 03:44.066 --> 03:47.100 align:left position:10% line:77% size:80% Yamiche Alcindor: And, I was texting to some I call them her group chats and all her friends 03:47.100 --> 03:48.533 align:left position:10% line:89% size:80% that have now sourced up. 03:48.533 --> 03:50.133 align:left position:10% line:83% size:80% And, they were they were saying, Yeah, this is who we know. 03:50.133 --> 03:51.133 align:left position:20% line:89% size:70% This is our friend. 03:51.133 --> 03:53.200 align:left position:10% line:89% size:80% She is going to speak up. 03:53.200 --> 03:55.166 align:left position:10% line:77% size:80% Ariane, I want to ask you because, again, this is your part of the show. 03:55.166 --> 03:59.400 align:left position:10% line:77% size:80% The Supreme Court term, it started with its lowest approval rating in modern history. 04:00.900 --> 04:02.966 align:left position:10% line:83% size:80% How aware are the justices of the perception of the court? 04:02.966 --> 04:05.700 align:left position:10% line:77% size:80% How does that factor in at all to just their thinking about their jobs? 04:05.700 --> 04:09.566 align:left position:10% line:77% size:80% Ariana De Vogue: Well, it's so interesting, because over the summer, usually when a Supreme 04:09.566 --> 04:13.566 align:left position:10% line:77% size:80% Court justice gives a speech over the summer, there is not a lot of meat there. 04:13.566 --> 04:16.066 align:left position:10% line:89% size:80% This summer, we saw a squabble. 04:16.066 --> 04:20.366 align:left position:10% line:71% size:80% We saw the liberals, Justice Elena Kagan saying, Whoa, a court can no longer be considered 04:23.000 --> 04:25.400 align:left position:20% line:89% size:70% legitimate, right? 04:25.400 --> 04:29.566 align:left position:10% line:71% size:80% If you're doing things like overturning precedent, and not fully explaining why, or if you're 04:31.500 --> 04:34.733 align:left position:10% line:77% size:80% straying from your commitment to a certain judicial philosophy, that's a problem. 04:34.733 --> 04:39.166 align:left position:10% line:77% size:80% And, she kept saying, I'm not talking about any cases or controversies directly. 04:39.166 --> 04:42.166 align:left position:10% line:83% size:80% But, of course she was, because that's what she said all along. 04:42.166 --> 04:47.166 align:left position:10% line:77% size:80% And then, you had Chief Justice John Roberts come forward and say, Whoa, you can't talk 04:49.166 --> 04:51.933 align:left position:20% line:71% size:70% about the legitimacy of the court just because you don't like the opinions that are coming 04:51.933 --> 04:53.433 align:left position:40% line:89% size:50% out. 04:53.433 --> 04:55.833 align:left position:10% line:83% size:80% And, Justice Alito, who you saw there, he also jumped in. 04:55.833 --> 05:00.833 align:left position:10% line:77% size:80% They know that the legitimacy of the court is so important, they never want to be looked 05:02.833 --> 05:06.500 align:left position:10% line:77% size:80% at as another political branch for the simple reason is that they want, when they issue 05:08.500 --> 05:11.800 align:left position:10% line:77% size:80% opinions, they want the public to follow them and not think, Oh, this is just politics. 05:13.100 --> 05:14.600 align:left position:10% line:83% size:80% We'll wait for another politician to get on the bench. 05:14.600 --> 05:16.633 align:left position:10% line:89% size:80% They're very concerned about it. 05:16.633 --> 05:20.733 align:left position:10% line:77% size:80% They know about this approval rating, but I'm not sure they know how to haunker (ph) 05:20.733 --> 05:21.966 align:left position:30% line:89% size:60% it, right? 05:21.966 --> 05:24.133 align:left position:20% line:83% size:70% Yamiche Alcindor: And, one last question here. 05:24.133 --> 05:26.266 align:left position:20% line:83% size:70% It's -- we have about a minute left. 05:26.266 --> 05:30.366 align:left position:10% line:77% size:80% President Trump, he has gone to the Supreme Court to ask them to basically revoke the 05:30.366 --> 05:34.400 align:left position:10% line:77% size:80% DoJ from having access to these classified documents that were seized from his home. 05:34.400 --> 05:37.100 align:left position:10% line:77% size:80% What's the latest there, and what kind of politics are going on there? 05:37.100 --> 05:38.300 align:left position:10% line:83% size:80% Ariana De Vogue: Well, that's so interesting, right? 05:38.300 --> 05:40.733 align:left position:20% line:83% size:70% So, there had Trump draws the Supreme Court. 05:40.733 --> 05:41.900 align:left position:10% line:89% size:80% It's starting a new term. 05:41.900 --> 05:43.966 align:left position:20% line:83% size:70% It's starting -- trying to be a fresh. 05:43.966 --> 05:46.633 align:left position:20% line:83% size:70% It's drawn into this white hot fight. 05:46.633 --> 05:51.633 align:left position:10% line:77% size:80% Actually, it's a narrow dispute, because the - - Trump isn't looking for relief that would 05:52.966 --> 05:55.766 align:left position:10% line:83% size:80% deal with the criminal justice probe that's going on. 05:55.766 --> 05:58.833 align:left position:20% line:83% size:70% He was clear, He is not asking for relief there. 05:58.833 --> 06:03.833 align:left position:10% line:77% size:80% What he is asking for is that that special master cannot get the chance to see about 06:06.133 --> 06:10.166 align:left position:20% line:77% size:70% 100 of those documents that were seized, that were marked classified. 06:10.166 --> 06:12.266 align:left position:20% line:83% size:70% That's the issue before the court. 06:12.266 --> 06:15.566 align:left position:10% line:83% size:80% It's kind of technical, did the lower court do things right? 06:15.566 --> 06:20.566 align:left position:20% line:71% size:70% But, again, we've seen another document -- case around documents last term, and Trump lost 06:23.100 --> 06:27.533 align:left position:20% line:77% size:70% badly there, except for Justice Clarence Thomas, who ruled in his favor. 06:27.533 --> 06:31.966 align:left position:10% line:77% size:80% So, now, it doesn't feel like that they're going to get -- they're going to give him 06:31.966 --> 06:32.966 align:left position:40% line:89% size:50% relief. 06:32.966 --> 06:34.933 align:left position:10% line:89% size:80% They'll probably deny it. 06:34.933 --> 06:38.933 align:left position:10% line:77% size:80% But, at the same time, they're being dragged in, the political spotlights on them, the 06:38.933 --> 06:42.333 align:left position:10% line:77% size:80% terms beginning, and this will probably be resolved sometime next week. 06:42.333 --> 06:44.866 align:left position:20% line:83% size:70% It's just where they don't want to be. 06:44.866 --> 06:47.500 align:left position:10% line:71% size:80% Yamiche Alcindor: It's not where they want to be, but it's exactly where they found themselves. 06:47.500 --> 06:49.633 align:left position:10% line:83% size:80% So, we're going to have to continue to watch that. 06:49.633 --> 06:51.033 align:left position:20% line:71% size:70% Thank you for coming on and breaking all that down, and thanks to our panelists for joining 06:51.033 --> 06:51.533 align:left position:20% line:83% size:70% us and for sharing your reporting.