We're sunsetting PodQuest on 2025-07-28. Thank you for your support!
Export Podcast Subscriptions
cover of episode Is TikTok’s Time Up?

Is TikTok’s Time Up?

2025/1/13
logo of podcast Strict Scrutiny

Strict Scrutiny

AI Deep Dive AI Insights AI Chapters Transcript
People
M
Michelle Adams
Topics
Alyssa Murray, Leah Littman, Kate Shaw: 我们讨论了北卡罗来纳州最高法院的共和党候选人试图通过质疑超过6万张选票的有效性来窃取选举胜利的情况。共和党候选人提出的理由站不住脚,但却得到了最高法院的暂时关注,这引发了人们对民主的担忧。我们还分析了最高法院对TikTok禁令案的紧急听证会,法官们对该法律的合理性和潜在影响存在分歧,这可能导致TikTok剥离其与字节跳动的关系。此外,我们还讨论了唐纳德·特朗普提交的一份支持TikTok的意见书,该意见书被认为是荒谬且不合法的,因为它试图干预司法程序并赋予特朗普过多的权力。我们还讨论了法官艾琳·坎农发布的一项命令,阻止司法部发布关于唐纳德·特朗普的两份报告,尽管她对这些案件没有管辖权,这被认为是违法的。最高法院以5:4的投票结果驳回了唐纳德·特朗普阻止其在纽约州面临判决的请求,认为其主张缺乏依据。最高法院对特朗普案件的5:4裁决结果以及大法官艾米·科尼·巴雷特的投票引发了争议,并突显了法院内部的分歧和公众对其合法性的质疑。首席大法官约翰·罗伯茨的年末报告未能充分解决公众对法院的信任度下降的问题,并暗示批评法院的人应对法院面临的威胁负责。

Deep Dive

Key Insights

What is the controversy surrounding the North Carolina Supreme Court seat?

The controversy involves Republican candidate Jefferson Griffin seeking to have over 60,000 votes thrown out in a close election against Democrat incumbent Justice Allison Riggs. Griffin claims that some overseas voters, including military personnel, did not include copies of their driver’s licenses or photo IDs with their absentee ballots, and that voters who registered under old forms without providing social security numbers or driver’s licenses should be disqualified. However, federal law does not require such documentation for overseas voters, and the North Carolina Board of Elections rejected these arguments. Griffin’s lawsuit was initially moved to federal court but sent back to state court, where the North Carolina Supreme Court, now under Republican control, has temporarily stayed the certification of the election.

Why is the North Carolina Supreme Court’s decision to stay the election certification controversial?

The decision is controversial because the court, which has a Republican majority, is considering arguments to throw out votes that could overturn the election result in favor of the Republican candidate. Critics argue this is an attempt to subvert democracy, as the votes in question were counted in other elections without challenge. The court’s decision to stay certification and consider the case raises concerns about partisan interference in elections.

What are the key arguments in the TikTok case before the Supreme Court?

The federal government argues that the law banning TikTok unless it is divested from its Chinese parent company, ByteDance, is necessary to prevent China from accessing U.S. user data and manipulating content. They claim this does not violate the First Amendment as it regulates ownership, not content. TikTok and its users, represented by Noel Francisco and Jeff Fisher, argue the law is motivated by concerns over content, particularly pro-Palestine content, and should be subject to strict scrutiny under the First Amendment.

What themes emerged during the Supreme Court’s oral arguments in the TikTok case?

The justices focused on several themes: 1) The law targets ByteDance, a foreign corporation, not content. 2) TikTok could operate with a different algorithm. 3) National security concerns about China’s access to U.S. user data. 4) The distinction between data collection and content manipulation as justifications for the law.

What is the significance of the Milliken v. Bradley Supreme Court case?

Milliken v. Bradley is significant because it effectively limited the scope of Brown v. Board of Education by ruling that inter-district desegregation plans could not be implemented unless each suburban district was found to have contributed to segregation. This decision reinforced school segregation in northern cities like Detroit by maintaining the separation of urban and suburban school districts.

How did the political landscape influence the Milliken v. Bradley case?

The political landscape, including President Nixon’s opposition to busing and his appointment of conservative justices, influenced the Milliken case. Nixon campaigned against busing as a means of integration, and his appointees to the Supreme Court, including Justice Lewis Powell, who argued for the sanctity of school district lines, shaped the court’s decision to reject metropolitan desegregation plans.

What is the current status of Donald Trump’s legal challenges?

Donald Trump’s legal challenges include a request to the Supreme Court to block his sentencing on New York state charges, claiming presidential immunity. The court rejected this request in a 5-4 decision, with Chief Justice Roberts and Justice Barrett joining the liberal justices. The dissenters, including Justices Thomas, Alito, Gorsuch, and Kavanaugh, supported Trump’s claim, highlighting the court’s partisan divide.

Chapters
This chapter discusses the attempt to contest the results of the North Carolina Supreme Court election, where Republican candidate Jefferson Griffin is trying to invalidate votes to secure a victory.
  • The election involved a narrow victory for Democrat Justice Allison Riggs.
  • Griffin is challenging over 60,000 votes on dubious grounds.
  • The North Carolina Board of Elections rejected Griffin's arguments.
  • The case has been temporarily stayed by the North Carolina Supreme Court for further consideration.

Shownotes Transcript

Leah, Melissa & Kate dive headfirst into an already busy 2025 by detailing the Republican attempt to steal a North Carolina Supreme Court seat, looking at the just-argued TikTok case,  parsing through Donald Trump’s various legal challenges, and more. Then, the hosts speak with Michelle Adams, professor of law at the University of Michigan about her book The Containment: Detroit, The Supreme Court, and the Battle for Racial Justice in the North).

To support disaster relief efforts in Los Angeles, you can make a donation at votesaveamerica.com/relief)