A Week of Big Cases At SCOTUS

Summary

What A Day Podcast Summary Episode: A Week of Big Cases At SCOTUS
Release Date: April 22, 2025
Host: Erin Ryan (in place of Jane Coaston)
Guest: Leah Littman, Co-host of Crooked's Legal Podcast Strict Scrutiny

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Introduction: Current Events Snapshot

The episode kicks off with Erin Ryan highlighting a range of pressing topics, including the peculiar incident involving Secretary of Homeland Security Kristi Noem's purse theft, the passing of Pope Francis, and unsettling movements in the financial markets. The host sets the stage for a deep dive into the significant legal battles unfolding at the U.S. Supreme Court (SCOTUS) that week.

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SCOTUS in Focus: Major Cases Explored

1. Challenge to Obamacare's Preventive Services

Timestamp: [01:49] – [04:27]

Leah Littman delves into a critical case challenging the Affordable Care Act (ACA), specifically its Preventive Services Task Force. This group, established by the ACA, determines which preventive care services must be covered by insurers at no cost to patients. The lawsuit, initiated by a coalition of religious employers, targets the requirement for insurers to cover pre-exposure prophylaxis (PrEP) drugs, which are pivotal in HIV/AIDS prevention.

• Key Arguments:
  • Challengers' Stance: The plaintiffs argue that task force members should undergo Senate confirmation rather than being appointed by the Secretary of Health and Human Services. If successful, this could incapacitate the task force, severely hampering preventive care coverage nationwide.
  • Leah's Insight: “Dismantling Obamacare is not in the Rep Party's interest,” suggests that Justices Amy Coney Barrett and Brett Kavanaugh might lean towards upholding the ACA to avoid the political fallout of dismantling healthcare provisions ([03:35]).

2. Parental Rights vs. LGBTQ-Themed Children's Books in Schools

Timestamp: [04:37] – [05:47]

The Supreme Court is set to hear a case centered on a public school's decision to incorporate LGBTQ-inclusive reading materials into its curriculum. A group of parents with religious objections contends that they should have the right to opt their children out of such educational content.

• Potential Implications:
  • Granting parents the ability to opt-out could lead to an unmanageable and individualized curriculum, undermining public education standards.

3. California's Stricter Emission Standards for New Cars

Timestamp: [05:47] – [06:06]

The Court will also address whether California can impose more stringent emission standards than those set at the federal level. This case tests the balance between state innovation and federal oversight in environmental regulation.

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Supreme Court's Role Amid Political Tensions

Timestamp: [06:06] – [08:20]

Littman discusses the broader implications of these cases, highlighting concerns over the Court's ability to resist political pressures, particularly from the Trump administration. She emphasizes that recent cases signify a trend where the Court appears more inclined to side with religious conservatives, potentially reshaping the traditional separation of church and state.

• Notable Quote:
  “These cases... are just part of this massive trend whereby the Court demands increasing public support for religion...” ([06:06])

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Emergency Stay on Deportations to El Salvador

Timestamp: [07:15] – [09:42]

Over the weekend, the Court issued an emergency stay preventing the Trump administration from deporting alleged Venezuelan gang members to a super prison in El Salvador. This decision faced dissent from Justices Samuel Alito and Clarence Thomas.

• Leah’s Analysis:

  • The temporary measure was a step in the right direction, addressing procedural oversights in the administration's deportation process.
  • However, a permanent resolution is still pending, leaving uncertainty about future deportations.

• Notable Quote:
  “I honestly don't know what I expect them to do. What they have done in the cases to date has not been particularly encouraging to me.” ([08:31])

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Other Major News Highlights

Passing of Pope Francis

Timestamp: [12:57] – [17:30]

The episode covers the mourning of Catholics worldwide following Pope Francis's death at age 88. Cardinal Kevin Farrell announced the Pope's passing, noting his legacy of promoting economic and environmental justice, advocating for migrants' rights, and encouraging the Church to embrace LGBTQ individuals.

• Legacy Highlights:
  • First Latin American pope with progressive political stances.
  • Advocated for "faithfulness, courage, and universal love" especially towards the marginalized.
  • Encouraged the Church to adopt a more inclusive stance towards LGBTQ people.

Stock Market Declines and Trump's Response to Tariffs

Timestamp: [17:30] – [19:26]

Stock markets experienced significant downturns, with the S&P, Dow, and Nasdaq all dropping over 2%. The decline is attributed to fears stemming from President Trump's tariff policies and the ensuing trade war.

• Jerome Powell's Stance:
  The Federal Reserve Chair indicated that tariffs could lead to higher inflation and slower economic growth, prompting Trump to criticize Powell on social media.

• Trump’s Reaction:

  • Accused Powell of being a "major loser" and urged interest rate cuts, a move Fact-Checked as False since the Fed is an independent agency and cannot be dismissed at the President's discretion.

---

Education Department Resumes Student Loan Collections

Timestamp: [19:26] – [20:05]

The Education Department announced the resumption of collections on defaulted federal student loans, affecting over 5 million borrowers who haven't made payments in the last year. This marks the end of a pause that began in March 2020 due to the COVID-19 pandemic.

• Implications:
  • The Treasury may withhold tax refunds, federal salaries, and begin wage garnishments for those in default.
  • Education Secretary Linda McMahon emphasized the move's importance for borrowers' financial health and the nation's economy.

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Conclusion

Erin Ryan wraps up the episode by encouraging listeners to subscribe, leave reviews, and engage with the podcast's online content. The episode provides a comprehensive overview of the significant legal battles at the Supreme Court, the geopolitical implications of recent decisions, and the broader socio-economic factors influencing current events.

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Notable Quotes with Timestamps

• Leah Littman on Obamacare Case:
  “[...] dismantling Obamacare is not in the Rep Party's interest” ([03:35])

• Leah Littman on Court's Trend:
  “These cases... are just part of this massive trend whereby the Court demands increasing public support for religion...” ([06:06])

• Leah Littman on Emergency Stay:
  “I honestly don't know what I expect them to do. What they have done in the cases to date has not been particularly encouraging to me.” ([08:31])

• Trump on Powell:
  “Unless Mr. Too late, a major loser, lowers interest rates now.” ([17:14])

---

Final Thoughts

This episode of What A Day offers listeners a detailed exploration of pivotal Supreme Court cases and their potential impact on American society. Through insightful analysis and expert commentary, host Erin Ryan and guest Leah Littman shed light on the complexities of the judicial system amid a backdrop of political and economic turbulence.

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For more in-depth legal analysis, check out Leah Littman's podcast "Strict Scrutiny" available on all major platforms.

Transcript

[Erin Ryan]

It's Tuesday, April 22nd. Happy Earth Day. I'm Erin Ryan in for Jane Coasten, and this is what a Day, the show that's got a lot of questions about Secretary of Homeland Security Kristi Noem's purse being stolen. One, what kind of purse? Two, why was she carrying $3,000 cash for Easter presents? Three, where was her security? Four. Did the person who stole it know it was Kristi Noem's purse? Or did they think she was just like a random lad? On today's show, Catholics around the world mourn the death of Pope Francis, who passed away on Monday at the age of 88 after a prolonged illness and a brief meeting with Vice President J.D. vance. The value of the dollar dips and the American stock market takes a dive precipitous enough to make investors seasick. Maybe a guy who bankrupted a casino wasn't the best choice to lead us away from recession. But first, and speaking of throwing up, it's a busy week at the U.S. supreme Court. On Monday, the justices heard oral arguments in yet another legal attack on Obamacare, this time over requirements that insurers cover some preventative care services at no cost to patients. Today they'll weigh a parental rights case over LGBTQ themed children's books in public schools. And tomorrow they'll hear a challenge to California's ability to set stricter emission standards for new cars. All the while, the court is facing serious questions over whether it's prepared to stand up to the Trump administration's assault on the rule of law. Leah Littman, co host of Crooked's legal podcast Strict Scrutiny, tells us what we need to know about this week's big cases and the big picture debate over the court's ability to protect our rights. Pass the Dramamine, Leah. As always, welcome back to what a Day.

[Leah Littman]

Thanks for having me.

[Erin Ryan]

So let's start with the case that the justices heard Monday. This was a challenge to Obamacare and its requirement that insurance cover some preventative care services at no cost. Can you tell us more about the case and what the justices were weighing?

[Leah Littman]

So the case arises from a challenge to the Preventative Services Task Force, which is this group that the ACA establishes to decide what preventative care services insurance companies have to offer. And the challengers are a group of employers who object to the task force determination that insurers have to cover prep or pre exposure prophylaxis drugs. These are religious employers and they say of course, they do not want to support homosexual behavior. But their challenge here is actually to the entirety of the task force, they say that the task force members have to go through the Senate confirmation process rather than be appointed by the Secretary of Health and Human Services, which is how they are appointed right now. And so if they are correct, then that would basically disable the task force from functioning until there is Senate confirmation and presidential appointment. And that would obviously be catastrophic for preventative care services coverage in the United States.

[Erin Ryan]

Mm. It's interesting. They're going after HIV AIDS drugs now instead of the usual gambit, which is to go after abortion or birth control services.

[Leah Littman]

Oh, don't worry, they object to those, too. It's because they have thus far managed to successfully hollow out the ACA's requirement that employers actually cover contraception. And I think also, you know, this case was filed during the Biden administration, and with the advent of the Trump administration, I don't think anyone thinks those guys are actually going to require insurance companies to cover contraception.

[Erin Ryan]

Sure, sure. So the case is a little bit wonky, but based on oral arguments, most court watchers say the justices seemed inclined to uphold the Obamacare requirements and pointed to two justices in particular, Amy Coney Barrett and Brett Kavanaugh, as the likely deciding votes.

[Leah Littman]

Why? Why? I think that's a difficult question to answer. My best guess from a realpolitik perspective is those justices understand that basically dismantling Obamacare is not in the Rep Party's interest, and they turned away the most recent wholesale challenge to Obamacare. The last time it was up at the Supreme Court, that was when the first Trump administration tried to dismantle the entirety of Obamacare. Now they seem to have changed their tune and decided, actually, we don't want to be the guys who take away everyone's health care. And so I think that the Republican appointees are like, yeah, that's a good idea. We're kind of with you there. We don't want people to be blaming the Supreme Court for taking away their health care.

[Erin Ryan]

So today, the court is hearing a case about children's books with LGBTQ themes and the rights of parents with kids in public schools. Can you tell us more about that case that the justices are hearing?

[Leah Littman]

So this case is also really wild. It's a challenge to a public school's decision to incorporate LGBTQ reading material into the school's curriculum. The school underwent a process in which it decided, in consultation with parents and other groups, that it wanted to expand its reading materials, you know, along lines of racial, ethnic, religious diversity, as well as sexual orientation or gender identity. And this group of parents say they have religious objections to their kids being exposed to LGBTQ inclusive content in schools. Like the horror of their child being read the book Pride Puppy. And so they say they need to be able to opt out their kids of any instruction related to these reading materials. And that argument, if successful, would basically give parents the right to control what is taught in public schools. Since it is totally inadministrable to give every parent the right to opt out of any aspect of curriculum. You can't run a public school like that by offering every child a bespoke curricular option that they can just select from.

[Erin Ryan]

Yeah, perhaps those parents should be offered Shame Puppy in. In place of Pride Puppy. Next week, the court is hearing another big religious freedom case out of Oklahoma about whether states can allow religious public schools. Between these cases, how might the Court reshape traditional separations of church and state this term?

[Leah Littman]

So the case you actually just alluded to is even crazier than that. It's not so much, Ken. States provide for religious public charter schools. It's must states provide for religious public charter schools because the state there wanted to charter secular public schools. And then this religious group came along and said, you need to charter a religious public charter school as well and provide state support to us. And the question the Court is answering is, is it discrimination, you know, to decline for the state to open a religious public charter school? Which, by the way, would obviously be unconstitutional. And yet the Supreme Court is poised to say the opposite. So, I mean, these cases, all three of the ones we've been talking about, are just part of this massive trend whereby the Court demands increasing public support for religion based on the idea that religious conservatives are this aggrieved minority who are entitled to judicial protection and all of these other things that no one else gets right, like, you can't teach LGBTQ content in schools. But you know what? Religious conservatives get their own public charter school.

[Erin Ryan]

I also want to touch briefly on what happened over the weekend. One of many things that happened over the weekend. The Court issued a very late night emergency stay barring the Trump administration from sending more alleged Venezuelan gang members to a super prison in El Salvador. Only Justices Samuel Alito and Clarence Thomas dissented. What did you make of the court's decision?

[Leah Littman]

So I thought the Court's decision was quite encouraging in that they seemed to be concerned, rightfully so, that the administrat actually was not heeding the rules that required them to afford individuals who were about to be summarily expelled with the opportunity to challenge their pending expulsion to this El Salvador megaprison. So that was encouraging. But I think it's also important to note this was a temporary measure and we are still awaiting the Supreme Court's more final determination about whether to prohibit these expulsions on a more permanent basis going forward. So it's encouraging, but, you know, we're not kind of out of the woods just yet.

[Erin Ryan]

There are major questions about whether the courts, and specifically this Supreme Court are really up to standing up to this administration and protecting our rights. How do you see this playing out?

[Leah Littman]

You know, I honestly don't know. What I would like to happen is the court to basically admit its mistake and acknowledge that the court needed to halt these expulsions on a nationwide general basis rather than requiring every individual to challenge their individual detentions or the detentions and removals of those persons. Right. In a particular state or in a particular district. I mean, part of the emergency in this case arose because some plaintiffs had successfully convinced some courts that they couldn't be summarily expelled to El Salvador. So what did the government do? It just moved individuals from those jurisdictions to detention facilities in other jurisdictions and then tried to expel them from there. So they need to put a staff to this kind of immediately and across the board. I honestly, I don't know what I expect them to do. What they have done in the cases to date has not been particularly encouraging to me. But maybe they have recognized the error of their ways and that these shitheads in the Trump administration are just lying to them.

[Erin Ryan]

Maybe.

[Leah Littman]

Maybe. Right.

[Erin Ryan]

Leah, thank you so much for joining us.

[Leah Littman]

As always, thanks for having me.

[Erin Ryan]

If you enjoyed my conversation with Leah Littman, make sure to check out her legal pod strict scrutiny. Each week she and her co hosts Melissa Murray and Kate Shaw break down SCOTUS cases with in depth accessible and irreverent analysis. So whether you're an avid court watcher or just trying to stay up to date on which of our laws the President still hasn't broken. Strict scrutiny has you covered new episodes out every Monday. Tune in wherever you get your podcasts or on YouTube. We'll get to more of the news in a moment, but if you like the show, make sure you subscribe. Leave a five star review on Apple Podcasts, watch us on YouTube and share with your friends. More to come after some ads. What a day is brought to you by Zebiotics Pre Alcohol. I have to tell you about this game changing product I use before a night out with drinks. It's called Pre Alcohol Zebiotics Pre Alcohol Probiotic drink is the world's first genetically engineered probiotic. It was invented by PhD scientists to tackle rough mornings after drinking. Here's how it works. When you drink, alcohol gets converted into a toxic byproduct in the gut. It's a buildup of this byproduct, not dehydration, that's to blame for rough days after drinking. Pre alcohol produces an enzyme to break this byproduct down. Just remember to make pre alcohol your first drink of the night. Drink responsibly and you'll feel your best tomorrow. I gotta say, Zebiotics Pre Alcoholic Probiotic was the life of the party at the Crooked Media Holiday party and it made it so that everyone was able to reassemble at a different party the following night. Everybody looked great. Spring is here, which means more opportunities to celebrate warmer weather before drinks on the patio, that tropical vacation or your best friend's wedding. Don't forget your Zebiotics Pre Alcohol Drink one before drinking and wake up feeling great the next day. Go to zebiotics.com wad to learn more and get 15% off your first order when you use WAD at checkout. Zebiotics is backed with a 100% money back guarantee, so if you're unsatisfied for any reason, they'll refund your money, no questions asked. Remember to head to zbiotics.com wad and use the code WAD at checkout for 15% off.

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[Erin Ryan]

Here's what else we're following today.

[Unknown]

Head of Lines.

[Pete Hegseth]

Have spoken to the President and we are going to continue fighting on the same page all the way.

[Erin Ryan]

In an exclusive story on Monday, NPR reported that the White House is looking for a new Defense secretary after news broke that Pete Hegseth shared sensitive military information in another unsecured group chat on Signal, the outlet cited an anonymous US Official as its source. This is not to be confused with the Signal chat that made headlines last month, the one where Hegseth and other defense officials were discussing the Pentagon's plans to bomb Houthi rebels in Yemen without realizing that they accidentally added the editor in chief of the Atlantic to the chat. The New York Times reported Sunday that Hegseth was sharing those same plans in a second Signal group chat that included his wife, his brother, and his personal lawyer. Hegseth rushed to call the story fake news Monday, speaking to reporters at the White House Easter Egg Roll.

[Pete Hegseth]

See, this is what the media does. They take anonymous sources from disgruntled former employees, and then they try to slash and burn people and ruin their reputations. Not going to work with me.

[Erin Ryan]

If you're listening, I recommend you head to our YouTube channel because you got to see him Big Mad in the context of children scouring the White House lawn for Easter eggs and a man in a giant Easter bunny costume. Also at the Easter Egg Roll, President Trump told reporters that Hegseth is doing a, quote, great job.

[Donald Trump]

He is doing a great job because he's doing a great job.

[Erin Ryan]

Thank you.

[Donald Trump]

Ask. Ask the Hooties how he's doing.

[Erin Ryan]

The way he pronounces that word makes me think he's referring to Hootie and the Blowfish, but I digress. But not everyone agrees. Representative Don Bacon of Nebraska, who sits on the House Armed Services Committee, was the first Republican in the chamber to publicly question Hegseth's ability to lead the Pentagon amid Signal Gate, the sequel. He told Politico, quote, I like him on Fox, but does he have the experience to lead one of the largest organizations in the world? Sir, that's a question that your colleagues in the Senate should have already asked themselves. Pope Francis passed away Easter Monday. He was 88 years old. The Vatican said he died from a stroke and heart failure earlier this year. The late pontiff spent weeks in the hospital due to a series of health issues, including double pneumonia. Cardinal Kevin Farrell, the church's chamberlain, announced the news from France's home in Vatican City. Chia insignato a vivere y valori del vangelo confederita. Here, Farrell says that Francis taught us to live the values of the gospel with faithfulness, courage and universal love, especially for the poorest and most marginalized. Francis, the first Latin American pope, leaves behind a legacy of politics more progressive than his predecessors. The late pontiff was known for his promotion of economic and environmental justice. A son of immigrants, he was also a staunch advocate for the rights of migrants worldwide. Pope Francis also called on the church to embrace LGBTQ people despite its anti LGBTQ stance. Shortly after he was elected pope in 2013, he famously said, who am I to judge? When asked what he thought about allowing gay men to be priests. Funeral proceedings were not scheduled at the time of this recording. The occasion will span several days. Cardinal Farrell will lead the church until the Vatican elects the next Pope through a process called the Conclave. You may have heard of it from a certain Oscar nominated movie that's coincidentally set to return to streaming via Amazon Prime Video today. Stocks tanked across the board Monday. The S and P, the Dow and Nasdaq dropped more than 2%. Oh, and did I mention the value of the US dollar and government bonds are also on the decline. Is this what it means to make America great again? Hmm. The Wall street tumble comes amid mounting fears over the fallout from President Trump's erratic tariffs and escalating trade war. So naturally, Trump continued his attacks on Federal Reserve Chair Jerome Powell because none of this could possibly be the president's fault in true presidential fashion, Trump posted on Truth Social Monday, the economy was at risk of slowing down, quote, unless Mr. Too late, a major loser, lowers interest rates now. That's his nickname for Powell. By the way, Mr. Too late doesn't have quite the same ring as Lyin Ted and Little Marco. He's really losing his edge there. Trump's threats started last week after Powell said the president's tariffs are likely to cause higher inflation and slower economic growth. Speaking in Chicago Wednesday, Powell hinted that the Fed would hold interest rates steady, saying it's well positioned to wait for greater clarity on any adjustments as the tariffs play out.

[Jerome Powell]

Where we are now again to your question is the administration is, as I mentioned in my remarks, is implementing significant policy changes and particularly trade now is the focus and the effects of that are likely to move us away from our our goals.

[Erin Ryan]

Trump hated that. He criticized Powell for not cutting interest rates and insisted he could fire him. Fact check False. He actually can't fire Powell. The Fed is an independent agency and its board members can only be forced out for cause. Doesn't mean Trump won't try. As a reminder, Trump appointed Powell during his first term in office. The Education Department said Monday it's going to resume collections on defaulted federal student loans. The department has not collected defaulted loans since the start of the COVID 19 pandemic in March 2020. It says more than 5 million borrowers have not made a monthly payment in the last year so. Starting May 5, they'll be subject to involuntary collection. So how does this work? Well, the Treasury Department can withhold some government payouts like tax refunds or federal salaries to people who owe the government money, like student loan borrowers. Later this summer, the ED Department says it will also start garnishing the wages of people in default following a 30 day notice. Education Secretary Linda McMahon said the re up of the student loan program means helping borrowers return to repayment both for the sake of their own financial health and our nation's economic outlook. Can we start with addressing the tariffs? The department says less than half of borrowers are current on their student loans. And that's the news. That's all for today. If you like the show, make sure you subscribe, Leave a review. Don't hit on the virtual AI employee you just hired. And if you do hit on her, definitely don't post about it and tell your friends to listen. And if you're into reading and not just about FOMOE fights, that's an acrostic. That means fear of missing out on Pete Hegseth adding you to signal like me what a Day is also a nightly newsletter. Check it out and [e-mail] subscribe I'm Erin Ryan and what kind of Easter present needs to be purchased with $3,000 cash? Christy.

[Production Staff]

Water Day is a production of Crooked Media. It's recorded and mixed by Desmond Taylor. Our associate producers are Raven Yamamoto and Emily4. Our producer is Michelle Aloy. We had production help today from Johanna Case, Joseph Dutra, Greg Walters, and Julia Claire. Our senior producer is Erica Morrison and our executive producer is Adrienne Hill. Our theme music is by Colin Gilliard and Kashaka. Our production staff is proudly unionized with the Writers Guild of America.

[Leah Littman]

East.

[Leon Naifak]

In the fall of 1986, Ronald Reagan found himself at the center of a massive scandal that looked like it might bring down his presidency.

[Erin Ryan]

Did you make a mistake in sending arms to Tehran, sir?

[Donald Trump]

No. No one was let go.

[Leon Naifak]

It became known as the Iran Contra.

[Donald Trump]

Affair and I'm not taking any more questions. In just a second, I'm going to ask.

[Leon Naifak]

I'm Leon Naifak, co creator of Slow Burn. In my podcast Iran Contra, you'll hear all the unbelievable details of a scandal that captivated the nation nearly 40 years ago, but which few of us still remember today.

[Production Staff]

The things that happened were so bizarre and insane I can't begin to tell you.

[Leah Littman]

Please do.

[Leon Naifak]

To hear the whole story. Listen to Fiasco Iran Contra. Wherever you get your podcasts.

[Unknown]

If your small business is booming, you might say Cha Ching. But you should say like a good.

[Leah Littman]

Neighbor, State Farm is there and we'll.

[Unknown]

Help your growing business. Like a good neighbor, State Farm is there.