0:00Hi, guys,
0:00I'm just off the live. We know the final opinions will come out tomorrow.
0:04That means we know for sure
0:05birth right citizenship is going to come down tomorrow,
0:08along with the case about trans athletes
0:10and women's and girls sports and campaign finance.
0:12But today we got four decisions from the
0:15the Supreme Court. I'm going to do a quick recap of those decisions.
0:18Drop a comment if you want me to do a more detailed video.
0:21So the first decision unexpected from the Supreme Court today, uh,
0:25involves elections and state laws that allow absentee ballots to count
0:30if they are received after Election Day,
0:33so long as they are postmarked by or before Election Day.
0:37There was a challenge saying that federal law trumped those state laws,
0:40and states aren't allowed to do that,
0:42at least with respect to federal elections. Today,
0:45in an opinion by Justice Barrett,
0:47joined by Roberts and the court's three Liberal justices,
0:50the Supreme Court said, no,
0:51states are fine to do that.
0:53They will be allowed to count those ballots that are received after Election Day
0:57if they are postmarked on or before Election Day.
0:59The case was out of Mississippi, um,
1:02and they were allowing ballots to count
1:03if they received up to five business days after election days.
1:06But a lot of states have similar laws.
1:08And this would have disrupted not only the mid term elections,
1:11but also primary elections that are happening right now as We speak,
1:15then we got the geofence
1:16Warrant case, Chatrie v.
1:17United States. That's about a robbery that happened in Richmond.
1:20I think it was about $200,000.
1:22A guy was convicted of robbery,
1:24but the police found him by doing what's called a geofence warrant.
1:27That is when they request cell phone data location to Google
1:31for everyone within a specific geographic location
1:35around where a crime was committed.
1:37In this case,
1:37they saw who they think was shotree walking into the bank on his phone.
1:41So they asked Google for everyone's cell phone data location.
1:44A lot of people have the location data going on
1:46in the back of their phone at all times.
1:48And then they narrowed it down and got detailed information
1:51and identifying information for three individuals
1:54in order to ultimately identify Shotri as the robber in this case.
1:58Shotri challenged that and said that that violated his Fourth Amendment rights.
2:01And Geofence warrants, we're not cool, basically.
2:04And what the Supreme Court said today is, yes,
2:07a geofence warrant,
2:09this requesting of cell phone location data information from a Google,
2:12for example, is a search under the Fourth Amendment.
2:16So when that happens, that means police searching for this information
2:20have to jump through certain hoops under the Fourth Amendment.
2:23They have to show probable cause
2:25and provide a description with particularity
2:27of the places or persons to be searched or seized.
2:30The Supreme Court did not say whether this Particular
2:33warrant was reasonable in chatrie’s case.
2:36They left that to the lower court.
2:37But they did clarify that a geofence warrant is a search
2:41under the Fourth Amendment.
2:42Always difficult to apply the Fourth Amendment originalism,
2:45founding era language to any kind of modern technology
2:48cause none of it existed at the time.
2:50Finally, we got two big cases that we were waiting on
2:53about independent agencies and the Federal Reserve,
2:56both by Chief Justice Roberts.
2:57The first, Trumpy Slaughter was about Trump firing Rebecca Slaughter,
3:01a member of the Federal Reserve.
3:03They are appointed to seven year terms.
3:06Uh, there are five members.
3:07He fired slaughter after he appointed slaughter.
3:09And Biden appointed slaughter.
3:12He got rid of her.
3:12There was a four cause requirement for that removal from Congress
3:16in creating the the F T C.
3:18That said, the president basically has to provide a certain.
3:21There are certain reasons
3:23only when the president can remove someone from the F T C.
3:25Malfeasance for cause, basically.
3:27And what the Supreme Court said in a 6 3 decision delivered by Justice Roberts,
3:31split along ideological lines,
3:33is that that requirement from Congress violates the separation of powers.
3:37These independent agencies are enacting executive power and authority,
3:41and the president basically has complete power and authority over these agencies
3:45and who runs them at the top.
3:47this will allow the president to be able to fire not only members of the F T C,
3:51but those at the Top of roughly two dozen so called independent agencies.
3:55Maybe we're gonna come up with another name for them now.
3:57Less independent executive agencies.
4:00Uh, he will be able to fire those people.
4:02The National Labour Relations Board,
4:04the Merit Systems Protection Board.
4:05This was not an unexpected decision,
4:08but 6 3. The court came down then
4:10and finally in the Federal Reserve case.
4:12The theme of this decision is the Federal Reserve is different.
4:15It's not like all of the other independent agency cases.
4:18And this is what we heard from oral argument, too.
4:20There, the court,
4:22little bit differently, denied the government's request to remove Lisa Cook,
4:26a member of the board of governors of the Federal Reserve,
4:28while she challenges her removal.
4:31Trump fired her in a truth social post,
4:33in a letter alleging that she committed mortgage fraud
4:36and he wants to get rid of her.
4:37She vehemently denies the mortgage fraud.
4:39There's a whole question about the process that's involved
4:42if and when she is removed.
4:43But the government made an emergency request to the court and said, look,
4:47just let us get rid of her while this plays out.
4:50And the court today denied the government's request.
4:53So Lisa Cooke will remain on the job while the litigation plays out.
4:58And the. The length of the opinion,
4:59I haven't read the full thing yet,
5:00but it's basically how the Federal Reserve,
5:02in the statute that created the Federal Reserve,
5:04is different from all of These other so called independent agencies.
5:08The Federal Reserve is our central bank.
5:10They set monetary policy. The perception of independence of the central bank
5:14is different than some of these other agencies
5:16that are enacting executive power.
5:18Those are the four decisions we got today.
5:20So tomorrow Tuesday we will get birth right, citizenship,
5:23the pair of trans athletes cases
5:25about both the 14th amendment equal Protection and Title 9.
5:28And we will get campaign finance
5:30about limits on coordinated expenditures
5:32between political parties and the political candidate. See you tomorrow morning.