The substantive issues that were resolved in Abood and are now being reopened in this case involve the First Amendment and how it limits the government when the government acts as an employer as opposed to a traditional sovereign. In the first clip, Justice Kagan explains to Carvin that distinction and the fact that under the Court’s precedent, the government gets more leeway on First Amendment issues when it acts as an employer and makes decisions about hiring, firing, wages, etc. In the second clip, Solicitor General Donald Verrilli explains to the Court why we want the government to have flexibility when it comes to employment decision-making. Without that flexibility, the government’s ability to provide vital public services to its citizens would be crippled under the weight of constitutional challenge after constitutional challenge to every decision it makes.