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SCOTUStalk is a nonpartisan podcast about the Supreme Court for lawyers and non-lawyers alike, brought to you by SCOTUSblog. SCOTUStalk is hosted by Amy Howe and produced by Katie Barlow, Katie Bart, Kal Golde and James Romoser. See acast.com/privacy for privacy and opt-out information.
SCOTUScast is a project of the Federalist Society for Law & Public Policy Studies. This audio broadcast series provides expert commentary on U.S. Supreme Court cases as they are argued and issued. The Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker. We hope these broadcasts, like all of our programming, will serve to stimulate discussion and further exchange regarding important current legal issues. View ou ...
A Heritage Foundation podcast breaking down what's happening at the Supreme Court, what the justices are up to, and more. See acast.com/privacy for privacy and opt-out information.
Decisions of the Supreme Court, summarized by the court itself.Readings of the Supreme Court slip opinion syllabi, With no personal commentary, you can make up your own mind about the decisions. See Wheaton and Donaldson v. Peters and Grigg, 33 U.S. 591 (1834) and United States v. Detroit Timber & Lumber Co., 200 U.S. 321, 337. Photo by: Davi KellyPatrion:https://t.co/SpeNDawjyoamp=1Paypal:https://paypal.me/SCOTUSsyllabus
A podcast from SCOTUSblog.com
Podcast by James
Podcasts originally published on SCOTUSblog, a blog written by lawyers, students, and journalists devoted to coverage of the Supreme Court of the United States
A quick, three-day weblog as a podcast host for the United States Supreme Court's oral arguments regarding the Patient Protection and Affordable Care Act of 2010.
SCOTUScast is a project of the Federalist Society for Law & Public Policy Studies. This audio broadcast series provides expert commentary on U.S. Supreme Court cases as they are argued and issued. The Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker. We hope these broadcasts, like all of our programming, will serve to stimulate discussion and further exchange regarding important current legal issues. View ou ...
Reversing the 9th Cir denial of injunctive relief. Support the show (https://paypal.me/SCOTUSsyllabus)RJ Dieken による
This week the Court issued a high-profile and very technical opinion in the copyright dispute between Google and Oracle. Your hosts break down the complicated issues in that case and cover other interesting orders from this week including an opinion by Justice Thomas about free speech and Big Tech that sparked a national conversation. Later on, Amy…
Google’s use of a small portion of the Java SE API is “fair use”. Support the show (https://paypal.me/SCOTUSsyllabus)RJ Dieken による
Florida could not carry it’s burden of proof for an adjustment/equitable apportionment. Support the show (https://paypal.me/SCOTUSsyllabus)RJ Dieken による
This action is not arbitrary and capricious. Support the show (https://paypal.me/SCOTUSsyllabus)RJ Dieken による
Defining facebook’s login notification system as outside the definition provided in the TCPA. Support the show (https://paypal.me/SCOTUSsyllabus)RJ Dieken による
On March 25, 2021, the Supreme Court decided Torres v. Madrid. This case arises out of an incident Roxanne Torres had with police officers in which she was operating a vehicle under the influence of methamphetamine and in the process of trying to get away, endangered the two officers pursuing her. In the process, one of the officers shot and injure…
On March 24, 2021 the Supreme Court heard oral arguement in Caniglia v. Strom. The question before the court was whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home. Robert Frommer, Senior Attorney at the Institute for Justice, joins us today to discuss this case's oral argument.…
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United States v. Cooley - Post-Argument SCOTUScast
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On March 23, 2021 the Supreme Court heard oral argument in United States v. Cooley. The question before the court was the lower courts erred in suppressing evidence on the theory that a police officer of an Indian tribe lacked authority to temporarily detain and search the respondent, Joshua James Cooley, a non-Indian, on a public right-of-way with…
It was a busy week for the court with a number of high-profile orders, three oral arguments, and three unanimous opinions. In orders this week, the Justices announced that they will take up an abortion case but only to resolve a procedural issue, and they also delivered a very predictable rebuke to the Sixth Circuit in a habeas case. Zack and GianC…
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Cedar Point Nursery v. Hassid - Post-Argument SCOTUScast
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On March 22, 2021 the Supreme Court heard oral argument in Cedar Point Nursery v. Hassid. The question before the Court was whether the uncompensated appropriation of an easement that is limited in time effects a per se physical taking under the Fifth Amendment. Wen Fa, attorney at the Pacific Legal Foundation, joins us today to discuss this case's…
On March 3, 2021, the Supreme Court will hear oral arguments in Carr v. Saul. The question before the Court was whether a claimant seeking disability benefits under the Social Security Act forfeits an Appointments Clause challenge to the appointment of an administrative law judge by failing to present that challenge during administrative proceeding…
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Mays v Hines (Effective assistance of counsel)
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No ineffective assistance of counsel in this case. Support the show (https://paypal.me/SCOTUSsyllabus)RJ Dieken による
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Mic flip: A catch-up and a look ahead with Amy Howe
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It has been a busy month for the Supreme Court, with no slowing down in sight. SCOTUSblog’s media editor, Katie Barlow, turns the mic around on host Amy Howe to get the latest. The pair discuss the court’s recent oral arguments in Cedar Point Nursery v. Hassid, a dispute pitting property rights against union organizing, and a hot-button 4th Amendme…
This week the Court takes us back to our first year of law school with cases destined for the casebooks. Oral arguments this week involved a takings case that touches on first-year property and the "bundle of rights," a Fourth Amendment case involving the community caretaking exception to the warrant requirement, and a unique case about tribal poli…
For 4th amendment purposes, Officers seized a woman when they shot her twice as she fled, even though she got away. Support the show (https://paypal.me/SCOTUSsyllabus)RJ Dieken による
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FORD MOTOR CO. v. MONTANA EIGHTH JUDICIAL DIST. COURT (Personal Jurisdiction)
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Personal Jurisdiction (Specific) upheld. Support the show (https://paypal.me/SCOTUSsyllabus)RJ Dieken による
This week, Amy Howe chats with a high-octane group of fiction writers who have all dabbled in Supreme Court suspense storytelling. Brad Meltzer is the #1 New York Times bestselling author of The Tenth Justice. Anthony Franze is a member of Arnold & Porter’s appellate and Supreme Court practice and also the critically acclaimed author of several nov…
This week, news that all of the Justices have received COVID-19 vaccines sparked a debate among advocates and law professors about remote vs in-person arguments. Zack fairly discusses both sides, while GianCarlo stakes out an aggressive position early on. GianCarlo also unpacks the one opinion this week, which answers the question: If the governmen…
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Brnovich v. Democratic National Committee - Post-Argument SCOTUScast
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On March 2, 2021 the Supreme Court heard oral argument in Brnovich v. Democratic National Committee. The questions before the court were: first, whether Arizona’s out-of-precinct policy, which does not count provisional ballots cast in person on Election Day outside of the voter’s designated precinct, violates Section 2 of the Voting Rights Act; an…
Nominal damages can satisfy the damages requirement for ART. III standing, for a completed constitutional violation of rights. Support the show (https://paypal.me/SCOTUSsyllabus)RJ Dieken による
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Federal Republic of Germany v. Philipp - Post-Decision SCOTUScast
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On February 3, 2021, the Supreme Court decided Federal Republic of Germany v. Philipp. The court also issued a one-sentence opinion vacating a lower-court ruling in Republic of Hungary v. Simon, a similar lawsuit brought by Holocaust survivors seeking compensation for Hungary’s confiscation of Jewish property. The justices sent Hungary v. Simon bac…
On February 24, 2021 the Supreme Court heard oral argument in Lange v. California. The question before the court was whether the pursuit of a person whom a police officer has probable cause to believe has committed a misdemeanor categorically qualifies as an exigent circumstance sufficient to allow the officer to enter a home without a warrant. In …
This week the Court heard oral arguments in a voting rights case where Arizona Attorney General Mark Brnovich was both the petitioner and advocate. Zack unpacks that oral argument, and GianCarlo discusses the oral arguments in two other cases that involve challenges to patent and Social Security administrative law judges. This week also saw Justice…
FOIA does not cover “drafts of draft biological opinions.“ because (in part) they are deliberative documents, and thus exempt. Support the show (https://paypal.me/SCOTUSsyllabus)RJ Dieken による
Pereida did not carry his burden to prove he had not been convicted of certain crimes. Support the show (https://paypal.me/SCOTUSsyllabus)RJ Dieken による
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Republican Party of Pennsylvania v. Degraffenreid - Post-Decision SCOTUScast
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On February 22, 2021, by a 6-3 vote, the Supreme Court denied cert in Repubulican Party of Pennsylvania v. Degraffenreid. There were two questions presented, which the Court decided not to entertain. The first was whether the Pennsylvania Supreme Court usurped the Pennsylvania General Assembly’s plenary authority to “direct [the] Manner” for appoin…
The Court is back from its working recess and so are Zack and GianCarlo. Zack kicks off the show discussing the Court's denial of two 2020 election lawsuits out of Pennsylvania. GianCarlo and Zack then discuss the three oral arguments of the week, and GianCarlo unpacks this week's one opinion, which involves the Federal Tort Claims Act's judgment b…
Opinion has a remand in the footnotes that the syllabus does not seem to mention. Support the show (https://paypal.me/SCOTUSsyllabus)RJ Dieken による
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United States v. Briggs - Post-Decision SCOTUScast
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On December 10, 2020 the Supreme Court decided United States v. Briggs. The question presented was whether the U.S. Court of Appeals for the Armed Forces erred in concluding–contrary to its own longstanding precedent–that the Uniform Code of Military Justice allows prosecution of a rape that occurred between 1986 and 2006 only if it was discovered …
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Federal Communications Commission v. Prometheus Radio Project - Post-Argument SCOTUScast
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On On January 19, 2021, the U.S. Supreme Court heard oral arguments in Federal Communications Commission v. Prometheus Radio Project. The question before the Court was whether the U.S. Court of Appeals for the 3rd Circuit erred in vacating as arbitrary and capricious the Federal Communications Commission orders under review, which, among other thin…
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Facebook Inc. v. Duguid - Post-Argument SCOTUScast
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On December 8, 2020, the Supreme Court heard oral argument in Facebook Inc. v. Duguid. The issue presented 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 ran…
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Ford Motor Company v. Montana Eight Judicial District Court
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On October 7, 2020, the Supreme Court heard oral argument in Ford Motor Company v. Montana Eight Judicial Circuit Court. The issue presented was whether the “arise out of or relate to” requirement for a state court to exercise specific personal jurisdiction over a nonresident defendant under Burger King Corp. v. Rudzewicz is met when none of the de…
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Henry Schein Inc. v. Archer and White Sales Inc. - Post-Decision SCOTUScast
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On January 25, 2021 the Supreme Court decided Henry Schein Inc. v. Archer and White Sales Inc.. The question presented was whether a provision in an arbitration agreement that exempts certain claims from arbitration negates an otherwise clear and unmistakable delegation of questions of arbitrability to an arbitrator. This case arose out of a disput…
President Joe Biden has pledged to nominate a Black woman to the Supreme Court if a vacancy occurs. In the meantime, he hopes to fill the rest of the federal judiciary with as many nominees as he can (some of whom could soon become SCOTUS short-listers). Amy Howe speaks with The Washington Post’s Ann Marimow about judicial vacancies and what to exp…
For the first time in years, the Supreme Court issued surprise opinions during its February working recess. It issued an opinion in the Nazi art case and another in a case about railroads and retirement plans. Zack and GianCarlo discuss those as well as the newest case on the court's docket, which will decide whether a corporation can use the feder…
Judiciary has power to review, but only for abuse of discretion. Support the show (https://paypal.me/SCOTUSsyllabus)RJ Dieken による
No help with recovering art stolen by Nazis from German Jews. Support the show (https://paypal.me/SCOTUSsyllabus)RJ Dieken による
Robert Barnes, the 15-year veteran Supreme Court reporter for The Washington Post, joins Amy Howe to take stock of the court’s term so far and look at what’s ahead. The two recap the January argument session — including Justice Elena Kagan’s now-famous Taylor Swift reference — and they try to answer the question everyone has been asking: What will …
