On May 17, 2021 the Supreme Court decided BP P.L.C. v. Mayor and City Council of Baltimore.The issue was was whether 28 U.S.C. 1447(d) permits a court of appeals to review any issue encompassed in a district court’s order remanding a removed case to state court when the removing defendant premised removal in part on the federal-officer removal statute, 28 U.S.C. 1442, or the civil-rights removal statute, 28 U.S.C. 1443.
In a 7-1 opinion authored by Justice Gorsuch, the Court vacated the ruling of the United States Court of Appeals for the Fourth Circuit, holding, “Where defendant energy companies premised 28 U. S. C. § 1447(d) removal in part on the federal officer removal statute, Section 1442, the U.S. Court of Appeals for the 4th Circuit erred in holding that it lacked jurisdiction to consider all grounds for removal rejected by the district court.”
Justice Sotomayor filed a dissenting opinion. Justice Alito took no part in the consideration or decision of this case.
Karen Harned, Executive Director of the National Federation of Independent Business Small Business Legal Center, joins us to discuss this decision.
CoinDesk Podcast Network - BREAKDOWN: Bitcoin Mining Council – A “Green” Advance for BTC or a Trojan Horse for Centralization?
The community had extremely mixed reactions to Michael Saylor and Elon Musk’s new initiative.
This episode is sponsored by Nexo.io and Bitstamp.
Yesterday, Michael Saylor and Elon Musk surprised the Bitcoin community when they announced a new "green" mining initiative that would see many of North America’s leading mining operators come together to develop common energy reporting standards as well as advocate for greener mining worldwide.
In this episode, NLW breaks down the community’s response, which ranged from enthusiastic to downright aghast. He discusses why there are such big differences in how people are interpreting the initiative and what their reasons for supporting or questioning it say about Bitcoin as a network.
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Image credit: matejmo/iStock/Getty Images Plus, Britta Pedersen-Pool/Getty Images Entertainment and Michael Saylor/Twitter, modified by CoinDesk
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Audio Poem of the Day - Feather in Bas-Relief
By Allen Edwin Butt
Time To Say Goodbye - Vinson Cunningham on the NBA, Yang, and IRL theatre
Hey, sports fans!
A break from the news cycle with our friend, Vinson Cunningham, a theatre critic at The New Yorker, playwright, novelist, and all-around lovely guy.
We talk about the NYC mayoral race (race/authenticity politics), basketball (the architecture of MSG; the LeBron effect; Jokic, Luka, and European style), and how the theatre world has survived the pandemic (read Vinson on virtual theatre and his recent review of a piece in Tammy’s neighborhood).
Speaking of incredible performances:
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SCOTUScast - Facebook Inc. v. Duguid – Post-Decision SCOTUScast
On April 1, 2021 the Supreme Court decided Facebook Inc. v. Duguid. The issue was whether the definition of an "automatic telephone dialing system" in the Telephone Consumer Protection Act of 1991 encompasses any device that can “store” and “automatically dial” telephone numbers, even if the device does not “us[e] a random or sequential number generator.”
In a 9-0 opinion authored by Justice Sotamayor, the Court reversed the ruling of the Court of Appeals for the Ninth Circuit and remanded the case. The Supreme Court held, “To qualify as an ‘automatic telephone dialing system’ under the Telephone Consumer Protection Act of 1991, a device must have the capacity either to store, or to produce, a telephone number using a random or sequential number generator.” This decision narrows the federal robocoll ban.
Scott D. Delacourt, Partner at Wiley Rein LLP and Daniel Lyons, Professor of Law at Boston College School of Law, joins us today for a conversation moderated by Danielle Thumann, Attorney Advisor for FCC Commissioner Brendan Carr.
In a 9-0 opinion authored by Justice Sotamayor, the Court reversed the ruling of the Court of Appeals for the Ninth Circuit and remanded the case. The Supreme Court held, “To qualify as an ‘automatic telephone dialing system’ under the Telephone Consumer Protection Act of 1991, a device must have the capacity either to store, or to produce, a telephone number using a random or sequential number generator.” This decision narrows the federal robocoll ban.
Scott D. Delacourt, Partner at Wiley Rein LLP and Daniel Lyons, Professor of Law at Boston College School of Law, joins us today for a conversation moderated by Danielle Thumann, Attorney Advisor for FCC Commissioner Brendan Carr.
The Commentary Magazine Podcast - The Pandemic’s End
New positive COVID tests are at or approaching historic lows across the United States. Deaths and hospitalizations are reaching rates associated with a typical flu season. The pandemic is on the eve of its conclusion. The only question is when elected officials will acknowledge it. Also, the Democratic Party’s advocates in the press have discovered the real problem with anti-Semitism: it detracts... Source
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CBS News Roundup - World News Roundup: 05/25
One year since George Floyd's death. Secretary of State on Mideast peace mission. Discarded lottery ticket worth $1 million returned. CBS News Correspondent Steve Kathan has today's World News Roundup.
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The Intelligence from The Economist - To protect and serve: police reform one year after George Floyd
Protests have followed police killings in America with saddening regularity, but the scope of demonstrations following George Floyd’s murder may mark a turning point in how policing is monitored and regulated. We speak to Lee Merritt, an attorney for Mr Floyd’s family, and to our United States editor—asking how likely cultural and structural changes are to take hold. For full access to print, digital and audio editions of The Economist, subscribe here www.economist.com/intelligenceoffer
Everything Everywhere Daily - The 17-Year Cicada
Every 17 years one of the grandest spectacles in nature takes place. Billions of insects in a seemingly coordinated fashion will emerge from the ground and cover the skies and the trees.
This is all part of their extremely unusual life cycle which consists of an extremely long juvenile period and very short adulthood.
Learn more about periodic cicadas and their unusual behavior and life cycle on this episode of Everything Everywhere Daily.
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Short Wave - The State Of Vaccinations In The U.S.
Eight states have passed an important milestone: getting 70% of all adults vaccinated with at least one shot. That's a number President Biden wants the country to reach by July Fourth. As cases of COVID-19 in the U.S. continue to come down, host Maddie Sofia talks with NPR health correspondent Allison Aubrey about vaccination progress around the country.
Have questions about the latest coronavirus headlines? Email us at shortwave@npr.org and we might cover it on a future episode.
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Have questions about the latest coronavirus headlines? Email us at shortwave@npr.org and we might cover it on a future episode.
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