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Law360's The Term: The 5-4 Lineup You Weren't Expecting

(February 4, 2021, 8:13 PM EST) -- The U.S. Supreme Court may still be on break, but a bustle of activity in cases concerning the border wall, the so-called Remain in Mexico policy and Nazi art theft left the podcast team a lot to discuss this week. Plus, a look at Justice Amy Coney Barrett's first dissent in a surprising 5-4 lineup.

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

First up, the team discusses the Supreme Court's Wednesday decision backing Germany in a lawsuit brought by heirs of Jewish art dealers who sought $250 million for medieval art that was allegedly looted by the Nazis.

And also on Wednesday, catching the attention of high court watchers, the justices split in a first-of-its-kind 5-4 vote in a case involving disability benefits for a railroad worker. The decision saw Chief Justice John Roberts Jr. and Justice Brett Kavanaugh join the three more liberal members of the court, while Justice Barrett, in her first dissent, stuck with the remaining conservatives.

As to the question of whether this will become a frequent 5-4 split at the Supreme Court, experts cautioned against reading too much into this obscure textual dispute over provisions in a railroad disability case.

Next, Natalie discusses the removal of two high-profile immigration cases from the court's oral argument calendar in light of President Joe Biden's new policies. The Trump administration had originally brought the appeals in order to greenlight the use of funds for the construction on the southern border wall and reinstate the "Remain in Mexico" policy of sending migrants back to their home countries to await immigration proceedings. Biden's policy changes have now rendered the cases moot.

Jimmy and Natalie then discuss whether the Biden administration will reverse other Trump administration positions, particularly its request that the court invalidate the entire Affordable Care Act.

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.




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