The Intercept Briefing

Back in 2017, the Supreme Court heard oral arguments in Masterpiece Cakeshop v. Colorado Civil Rights Commission, a case involving a cake shop owner who refused to create a wedding cake for a same-sex couple. In a 7-2 decision, the court found that the state had violated the cake maker’s religious objections. Now the court is considering another case out of Colorado that could expand the right to discriminate under the guise of free speech. In the fourth episode of Dissent, Jordan Smith and law professor Hila Keren discuss 303 Creative LLC v. Elenis, a challenge to the state’s Anti-Discrimination Act brought by Lorie Smith, a website designer seeking to refuse wedding design services to same-sex couples. Unlike Masterpiece Cakeshop, the 303 Creative case has no injured parties; it is a preemptive attempt to allow businesses to practice unfettered discrimination.

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The Supreme Court is hearing a case that could dismantle the Indian Child Welfare Act, also known as ICWA. The law was passed in 1978 to combat a history of forced family separation in the United States and prevent the removal of Native children from their communities. But now, in Haaland v. Brackeen, ICWA could be completely overturned. In the third episode of Dissent, host Jordan Smith is joined by Rebecca Nagle, a journalist, citizen of the Cherokee Nation, and host of the podcast “This Land.” Smith and Nagle break down the case and its broad implications for laws based on tribes’ political relationship with the U.S. government.

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The North Carolina Supreme Court rejected a partisan gerrymandered congressional map drawn to heavily favor Republicans last year. The map violated the state’s constitution. The North Carolina legislature is now arguing before the U.S. Supreme Court whether the state legislature has the authority to override the court and ignore its own constitution. The case, Moore v. Harper, raises the prospect of the independent state legislature theory — a fringe theory that, if the Supreme Court rules in favor of, would give state legislatures unfettered authority, remove checks and balances, and undermine future elections. In the second episode of Dissent, host Jordan Smith and Elizabeth Wydra of the Constitutional Accountability Center closely examine oral arguments and unpack how a favorable or even a middle-ground ruling would radically change elections.

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Last year, the Supreme Court’s decision to overturn Roe v. Wade and demolish nearly half a century of abortion rights put to rest any remaining questions as to how far the 6-3 supermajority was willing to go to realize its extreme right-wing vision. With the court’s 2022-2023 term in full force, what rights are at stake this year? On the first episode of Dissent, an Intercepted miniseries, host and senior Intercept reporter Jordan Smith is joined by Jordan Rubin, a legal analyst with MSNBC and former prosecutor for the Manhattan District Attorney’s Office. Smith and Rubin outline the Supreme Court’s term and discuss the major implications of the decisions ahead.

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Last week, the Justice Department sued the state of Arizona and its governor, Doug Ducey, for installing a shipping container wall along the U.S.-Mexico border. This week on Intercepted: Ryan Devereaux, an investigative reporter with The Intercept, breaks down Ducey’s makeshift, multimillion-dollar container wall. Devereaux tells the story of everyday people and community members who live along the border, and how they stood up to the governor and won. join.theintercept.com/donate/now

Update: December 21, 2022

The state of Arizona has agreed to remove Gov. Doug Ducey’s container wall along the border, in response to the lawsuit filed by the federal government.

Read the full story and watch the video here: HOW NEIGHBORS IN THE BORDERLANDS FOUGHT BACK AGAINST ARIZONA GOV. DOUG DUCEY’S ILLEGAL WALL — AND WON

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This week, the Federal Reserve is expected to raise interest rates again, despite coming under scrutiny in recent months for its aggressive hikes to battle inflation. This week on Intercepted: Jon Schwarz, senior writer with The Intercept, talks all things Fed, the most powerful economic institution in the U.S. Schwarz is first joined by Intercept reporters Ken Klippenstein and Daniel Boguslaw, who discuss how banks are lobbying the Fed, raising questions about the institution’s independence. Schwarz is then joined by former Fed economist Claudia Sahm to break down the Fed’s role in the economy and how its efforts to curb inflation are destabilizing the global economy and raising unemployment.

Ken and Dan's story "The Fed Likes to Tout its Independence. So Why are Big Banks Lobbying It?": https://theintercept.com/2022/10/26/federal-reserve-bank-lobby/

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On October 6, 2022, University of British Columbia faculty members Mohammed Rafi Arefin and Naomi Klein from the new Centre for Climate Justice co-moderated a livestream discussion about the upcoming COP27 summit that will be held in Egypt, while the country’s most prominent pro-democracy activist, Alaa Abd El Fattah, remains in prison.

As the world gets hotter, basic freedoms are under ever greater assault around the globe. These trends are about to collide in dramatic fashion at the upcoming United Nations climate summit, which this year takes place in Egypt, under the iron rule of Gen. Abdel Fattah el-Sisi. Just a decade ago, Cairo’s Tahrir Square was synonymous with a hopeful, youth-led movement for liberation and democracy. Today, journalists are routinely arrested and thousands of political prisoners languish behind bars. With Egypt on the front lines of climate impacts and escalating repression, this panel discussion tackled tough questions about the relationship between meaningful climate action and political freedom. Is it possible to have one without the other? Are Egypt’s political prisoners being sacrificed in the name of climate urgency? What are the responsibilities of those choosing to attend the summit? What pressure can be brought to bear in this microcosm of the intersection of climate and justice? What pressure points exist for political action in Egypt’s debt negotiations and the government’s drive to attract foreign capital in areas like green energy?

Hear from Sanaa Seif, sister of Alaa Abd El Fattah, as well as celebrated writers, journalists, and activists Omar Robert Hamilton, Sharif Abdel Kouddous, and Bill McKibben.

Intercepted is publishing a lightly edited version of the livestream.

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