Law360's The Term: What's On Alito's Mind?

Law360 (November 19, 2020, 11:47 PM EST) -- "Here it goes," Justice Samuel Alito Jr. began a scorcher of a speech last Thursday that touched on COVID-19 restrictions, religious freedom, abortion and more. This week's podcast discusses what stood out from the conservative justice, who is seldom shy about his views.

Each week on The Term, Supreme Court reporter Jimmy Hoover and co-host Natalie Rodriguez break down all the high court action.

First, Jimmy talks through the controversy surrounding Justice Alito's video address last week to the Federalist Society, where, in less than an hour, he touched on everything from same-sex marriage and abortion to Democratic calls to "restructure" the U.S. Supreme Court.

It was Justice Alito's comments about COVID-19 restrictions that generated the most attention Thursday night, given that there are still cases on that subject pending before the Supreme Court.

Justice Alito's name also appeared in the headlines this week after his former clerk, Dana Remus, was named the incoming White House counsel to President-elect Joe Biden.

Natalie next discusses Justice Sonia Sotomayor's dissent that would have forced correctional officers at a geriatric prison in Texas to do more to stop the spread of COVID-19, which has infected 40 percent of the population and killed 20 people.

The duo then look ahead to the December oral argument session. First up for discussion is a case about whether the Department of Justice has to hand over secret grand jury documents to the House Judiciary Committee. The committee is now seeking to have the December hearing rescheduled until after President-elect Biden's inauguration and the new session of Congress, when it will reassess whether it still wants the documents.

Natalie then goes over an appeal from Nestle and Cargill seeking to be shielded from liability for slave labor used on African cocoa plantations. Finally, Jimmy discusses a Nov. 30 hearing on whether the Trump administration can exclude unauthorized immigrants from the census, which could have major implications for the apportionment of congressional seats over the next decade.

More information about the show can be found here. You can also subscribe on Apple PodcastsStitcherSpotifyGoogle Play and iHeartRadio. And if you like the show, please leave a written review! It helps others find us more easily.

--Editing by Michael Watanabe.

For a reprint of this article, please contact reprints@law360.com.

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