Summary of "Jingle Bells, the Fifth Circuit Is Hell" Episode of Strict Scrutiny

Released on December 16, 2024

In the "Jingle Bells, the Fifth Circuit Is Hell" episode of Strict Scrutiny, hosts Leah Litman, Kate Shaw, and Melissa Murray navigate a labyrinth of recent Supreme Court cases, judicial controversies, and significant legal developments. This detailed summary encapsulates the episode's key discussions, insights, and conclusions, providing a comprehensive overview for those who haven't tuned in.

1. Book Announcement: Leah Litman’s "Lawless"

The episode kicks off with exciting news about host Leah Litman's forthcoming book titled "Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes." Set to be published by Simon and Schuster on May 13, 2025, the book promises an incisive critique of the Supreme Court's operations and ideological leanings.

• Melissa Murray [01:41]: "Stricly Scrutiny's own Leah Litman... release her book..."

• Kate Shaw [02:33]: "Order, pre-order at least one copy. Ideally three to five."

• Justice Kagan [03:19]: "With the gravitas of Joan Biskupic and the irreverence of Ellie Mystal..."

2. Breaking News

a. Justice Alito’s Dissent in PPOC vs. Eau Claire School District

A focal point of the episode is Justice Samuel Alito's vigorous dissent regarding the Supreme Court's denial of certiorari in PPOC vs. Eau Claire School District. The case challenges Wisconsin's policies supporting transgender students, encompassing areas like restroom use and athletic participation.

• Justice Kagan [05:21]: "Some lower courts haven't forgotten... majority of justices agreed that standing was still a thing."

• Kate Shaw [07:44]: "Justice Alito wrote a dissent... rehash of these parents arguments..."

• Melissa Murray [07:58]: Highlighted the procedural aspects, noting the parents lacked standing because they weren't directly affected.

b. Trump’s Cabinet Picks

The hosts discuss President-Elect Trump's nominations, notably Harmeet Dhillon for Assistant Attorney General for Civil Rights. Dhillon's background includes active involvement with conservative legal challenges and opposition to Big Tech censorship.

• Melissa Murray [09:40]: "Trump announced that Harmeet Dhillon will be his pick..."

c. Luigi Mangione’s Case and Ghost Guns

Luigi Mangione, the suspect in the United Healthcare CEO's murder, was apprehended using a 3D-printed ghost gun. This development ties into the pending Supreme Court case Garland vs. Vanderstock, which examines whether ghost guns qualify as firearms under federal law.

• Melissa Murray [11:37]: "Ghost guns are firearms things... looking forward to how the court's gun nuts are going to contort themselves..."

d. North Carolina Election Recount

The episode covers the narrow victory of Allison Riggs over Jefferson Griffin in the North Carolina Supreme Court race after two recounts, emphasizing ongoing challenges to election integrity and potential future litigations.

• Kate Shaw [13:01]: "She won by around 700 votes... calls to disqualify 60,000 votes..."

• Justice Kagan [14:01]: "Ripple effects of election denialism... years to come."

3. Argument Recaps

a. Seven County Infrastructure Coalition vs. Eagle County, Colorado

This case scrutinizes whether the National Environmental Policy Act (NEPA) mandates agencies to evaluate environmental impacts beyond immediate regulatory concerns. The discussion highlights potential deregulation and environmental review standards.

• Melissa Murray [18:39]: "Trump's Truth Social post... conflict with NEPA."

• Justice Kagan [26:48]: "Courts have taken NEPA to unreasonable ends... preserve some environmental assessments."

b. Kucesis vs. United States

The debate centers on the definition of property fraud under federal law, specifically whether misrepresenting the use of subcontractors with certain qualifications constitutes fraud without economic harm.

• Justice Sotomayor [27:52]: "Fraud would be promising services that were more valuable."

• Justice Kagan [30:13]: "Materiality... injury based on not receiving desired services."

c. Feliciano vs. DOT

This case examines whether reservists receive differential pay only during emergencies in a temporal sense or if there's a substantive connection to the work performed.

• Justice Sotomayor [37:20]: "Why have specific provisions... to avoid superfluous terms."

• Kate Shaw [39:27]: "World which couldn't possibly exist."

d. Dewberry Group vs. Dewberry Engineers

A trademark dispute questioning whether profits from a legally distinct entity can be disgorged under the Lanham Act.

• Justice Sotomayor [42:37]: "There are many ways to skin the cat... no total agreement here today."

• Melissa Murray [43:25]: "Justice Kagan received a draft opinion already."

4. Opinion Recaps

a. Warfa vs. Mayorkas

In a unanimous decision authored by Justice Jackson, the Supreme Court held that revoking a visa due to sham marriages is discretionary for federal courts to review, underscoring agency discretion.

• Justice Kagan [44:39]: "Unanimously upheld... agency discretion."

b. Nvidia Corp vs. Omen

The Court dismissed Nvidia's securities fraud case, deeming it too fact-specific. This decision aligns with previous dismissals like Facebook vs. Amalgamated Bank, suggesting a trend of the Court avoiding detailed fact-heavy disputes.

• Melissa Murray [45:36]: "Dismissed on ground... cert improperly granted."

c. Fifth Circuit En Banc Decision

A significant focus is the Fifth Circuit's failure to reach a decision en banc, resulting in a deadlock due to internal conflicts among judges. The hosts describe this dysfunction with humor, likening it to reality TV drama.

• Kate Shaw [48:55]: "Insane infighting... separate opinions attacking each other."

• Justice Kagan [51:19]: "Judicial minimalism... fundamentally at odds with judge’s role."

5. Court Culture and Other Court News

a. TikTok Case in the D.C. Circuit

The D.C. Circuit unanimously rejected TikTok's challenge against a law mandating its sale to a U.S. entity by January 19th, framing the debate around national security versus First Amendment rights.

• Melissa Murray [60:25]: "First Amendment requires rigorous scrutiny... national security justifies deference."

b. Justice Ketanji Brown Jackson’s Broadway Debut

Celebrating Justice Jackson's foray into Broadway with a one-night performance in "Romeo and Juliet," showcasing her diverse interests beyond the judiciary.

• Melissa Murray [61:27]: "Made her Broadway debut... participated in a talk-back."

c. DACA Health Insurance Ruling in North Dakota

A Trump-appointed judge blocked the Biden administration's rule allowing DACA recipients to obtain health insurance through the ACA marketplace across 19 states, intensifying debates over immigration policies.

• Kate Shaw [63:07]: "Blocking DACA recipients' health insurance... shows judicial resistance to Biden's policies."

d. Louisiana Governor Targets LSU Professor

The Louisiana governor pressured Louisiana State University to reprimand a law professor for classroom statements about the 2024 election, highlighting ongoing tensions over academic freedom and political discourse.

• Melissa Murray [64:44]: "Governor calling on LSU... accusations of left-wing censorship."

e. Montana Supreme Court on Gender-Affirming Care

A unanimous decision upheld the availability of gender-affirming medical care for minors, maintaining the status quo while litigation continues on Montana's attempted bans.

• Kate Shaw [64:44]: "Unanimously upheld gender-affirming care... pending ongoing challenges."

f. Supreme Court Lottery for Public Seating

The Supreme Court introduced an online lottery for public seating at oral arguments, aiming to democratize access while managing high demand.

• Kate Shaw [73:52]: "Online lottery for public seating... hybrid system introduced."

6. Notable Quotes

Throughout the episode, several memorable quotes punctuate the hosts' discussions, offering sharp insights and witty commentary:

• Justice Alito [07:11]: "She goes all in on the parents of children. And those parents, they have rights when they don't want their kids."

• Melissa Murray [19:21]: "NEPA is a real thorn in the sides of those who are really interested in this kind of development work."

• Justice Kagan [26:48]: "Courts have taken NEPA to unreasonable ends... we still want a reasonable decision."

• Kate Shaw [39:27]: "Yo world which couldn't possibly exist."

• Melissa Murray [43:25]: "I think he could really use a Helix mattress."

• Justice Kagan [51:19]: "Judicial minimalism... fundamentally at odds with judge’s role."

7. Conclusion and Predictions

The episode wraps up by emphasizing the turmoil within the Fifth Circuit, predicting ongoing challenges in achieving judicial coherence. The hosts express concern over the increasing politicization of the judiciary, regulatory rollbacks, and the Supreme Court's evolving stance on crucial issues like national security and civil rights.

• Melissa Murray [74:03]: "The Supreme Court is starting an online lottery... guarantee Ticketmaster meltdown."

• Kate Shaw [75:37]: "Like the Dewberry Group case shows confusion in trademark litigation."

Overall Insights:

"Jingle Bells, the Fifth Circuit Is Hell" provides a comprehensive examination of the current state of the U.S. judiciary, highlighting significant cases, internal court conflicts, and the broader implications of judicial decisions on society. The hosts offer a blend of analytical depth and engaging commentary, ensuring listeners are well-informed about the complexities of legal proceedings and their impact on everyday life.