SCOTUS set to open next term
What cases will they be taking on?
- Duration 5:19
- Date Sep 30, 2012
What cases will they be taking on?
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Well speaking of the Supreme Court -- new Gallup poll says Americans are split when it comes to confidence in the judicial branch.
When asked 53% said they have a fair amount of trust 27% said not very much only 14% gave their full trust.
And when it comes to how well the Supreme Court is doing its job 49% said they approve 40% said they disapproved.
It's likely that last term's high profile cases like one on that health care.
Weighed heavily on the overall public's view of the court and that ruling on the president's health care law captivated the nation.
The court's new term which starts tomorrow could have another round of blockbuster cases from gay marriage to race based college admission policies.
And a whole lot more -- to give us a preview former Department of Justice official under George W.
Bush current partner at Gibson -- time to -- and our favorite court watchers extraordinaire -- thank you so much for coming -- today.
Tensions are let's start with one of the first big cases it's tomorrow on day -- -- -- involves shell oil company.
And allegations of human rights abuses in Nigeria.
Absolutely this is an interesting case because you have a real problem on your hands -- a situation where.
Creative and opportunistic trial lawyers are bringing claims on behalf of foreign plaintiffs in the united states -- concerning conduct that -- on foreign -- and really has very little to do with the United States and -- the Supreme Court -- something very unusual which is that they heard argument in this case last -- and then rather -- decide the case they basically said let's bring everyone back for round -- of argument next term which -- -- do on the first day of the new -- so it's an interesting case concerning whether or -- you can bring these lawsuits in the united states courts.
And looking ahead to next week another big one that's getting a lot of attention this have to do with race based admissions policies for colleges and and this case in particular involves.
A white student who was denied admission to university its -- says.
And she says it's because the policies basically froze her out and it's reverse -- -- essentially.
On the court ruled in this particular area and several kinds of the last few years it seems like this is one it just keeps coming back it hasn't it's a tricky aeration and as you -- He's explore this issue and a number of prior cases they actually did about nine years ago in a couple of cases involving Michigan's admissions policies this one involves taxes and here you have a situation where the University of Texas tried to devise a program that they thought would be compliant with what the Supreme Court had said and so what the court is going to be looking at in this case it really does have the potential to be a blockbuster.
Is when you can take race into account how you can do it and really how much weight you can place on it in the admissions process for your undergraduate institution.
And we think back to something that the Chief Justice had written prior talking about you know basically you stop discriminating on the basis of race by not discriminating on the -- on the basis of race.
How much influence do you think that have in this particular case will still have some influence -- -- -- tell you many people are looking at where Justice Kennedy is gonna come -- -- -- and their briefing a lot of the parties really made an appeal to justice Kennedy's views under the perhaps correct thinking that he is going to be the swing vote in this case you're right the chief has made pretty clear how he views these programs.
We can make a fairly educated guesses to where most of the court will come down of course Justice Kennedy most people think may be may hold the deciding hand in this case and it's a role he's.
I'm very comfortable at Patrick and many of the -- cases of the last several years a -- let's took about what we don't know what may end up on the court -- they're still reviewing you know every -- course thousands of appeals that the court and they meet privately -- -- we don't know exactly how this let's go until we find out whether or not.
They voted to take up a particular case we're waiting a couple of big ones that deal with gay marriage you've got defense of marriage act and we got copy at California.
Which would essentially only recognized legal marriages between a man and a woman.
We could find out as early as tomorrow do you think the court is Billy teeing up in getting ready to take one -- the.
Case and I think they martian and I gotta tell you this is one of these cases that you've seen it from the moment these cases started being filed that this is a case that was ultimately can make its way to the Supreme Court and it really looks like the time is now.
You're right that the court has a number of different options before right now you have the defense of marriage case which is coming out of the first circuit in Boston.
And that concerns whether federal law can define marriage as between a man and a woman for purposes of public grants public programs and the like.
Also the prop eight case which presents a slightly different question that may not be fully was old.
By the court's resolution of the defense of marriage act case that really gets -- the constitutional questions about gay marriage and so it will be very interesting -- to see how the Supreme Court ultimately was holes all of this but as a first step.
Which cases it wants to take which is something we should know.
In the next few weeks.
And just quickly wanted to -- -- on the case question here because essentially this administration has said it was going to stop defending -- in court and in most of these cases that were ongoing at the time.
And so it basically the house GOP leadership but they're the ones behind -- defending dumb at this point who argues the case if it does.
Well that's a great question in fact that's something that was presented in the briefs -- -- -- to his former solicitor general under President Bush.
Filed a brief on behalf of the house leadership really seeking to get the Supreme Court to take this case and one of the arguments that they were making as to why the Supreme Court needs to step is because you do have.
What you describes is -- -- situation and so what the petitioners were arguing is to say look Supreme Court only you can step in and resolve the situation but the administration is not defending a federal law.
Kind of pretty you are the best -- thanks for -- imports we appreciate it sanction.