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Oral arguments in the cases challenging President Biden's student loan cancellation plan dominated the news this week while other interesting SCOTUS developments flew under the radar. Zack discusses the opinions you may have missed, while GianCarlo does a deep dive into those oral arguments. With administrative law front-and-center this week, GianCarlo interviews an expert on the subject, Professor Chad Squitieri of the Columbus School of Law at The Catholic University of America. The two discuss the Major Questions Doctrine and Catholic University's Project on Constitutional Originalism and the Catholic Intellectual Tradition. Last up, Zack does a good job stumping GianCarlo with trivia about the prior careers of famous Justices.
Here is a link to Professor Squitieri's article, Major Problems with Major Questions.
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The Court is back, and this week it heard oral arguments in two high-profile cases against Google and Twitter that will decide the extent of the protection they can claim when their users support terrorism. It also issued opinions in a bankruptcy case, a capital-murder case, and a fair-wage case. After covering those developments, GianCarlo interviews Professor Gail Heriot of the University of San Diego School of Law. The two talk about her research on racial preferences and what it means for the Harvard and UNC cases and the future of racial preferences after those cases are decided. Lastly, GianCarlo hits Zack with some cinematic SCOTUS trivia.
You can find a copy of Professor Heriot's book here: A Dubious Expediency.
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In this Rehearings episode, we replay our interview with the Judge Matthew Kacsmaryk. Rehearings airs our favorite old interviews on weeks when things are otherwise quiet at the Supreme Court.
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In the second of our Rehearings series, we replay our interview with the Judge Douglas Ginsburg. Rehearings airs our favorite old interviews on weeks when things are otherwise quiet at the Supreme Court.
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In this first episode of our Rehearings series, we replay our interview with the late Judge Martin Feldman. Rehearings will re-air our favorite old interviews on weeks when we don't have a usual episode because the Supreme Court is not hearing arguments or issuing opinions.
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Late last week, the Court issued a report about its investigation into the Dobbs leak. Your hosts discuss the report and share their thoughts about the Marshal's investigation. GianCarlo then gives a preview of some of the Court's new cases and explains what a "DIG" is, and Zack discusses the first opinion of the term. GianCarlo interviews Professor Ilan Wurman about his books on Originalism and the Reconstruction amendments. And finally, Zack hits GianCarlo with some originalism-themed trivia.
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The Court is back from its break, adding new cases to its docket, and hearing oral arguments. In this episode, GianCarlo previews the newly granted cases and explains the oral arguments in a rare professional ethics case, and Zack discusses the oral arguments in a case that will decide whether and to what extent Puerto Rico has sovereign immunity. Zack then interviews John Bash, a former clerk to then-Judge Kavanaugh and Justice Scalia and current partner at Quinn Emanuel. Finally, GianCarlo quizzes Zack about the "10th Justice."
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The Court heard oral arguments in two of the biggest cases of the term, 303 Creative v. Elenis and Moore v. Harper. Your hosts explain those cases and discuss the Court's decision to take up the case challenging President Biden's student loan cancellation plan. As mentioned in the episode, you can find GianCarlo and Jack Fitzhenry's paper on that topic here. GianCarlo then interviews legendary 10th Circuit Senior Judge Paul J. Kelly, Jr. In this week's trivia, Zack quizzes GianCarlo about election law, with a short detour into the world of football law.
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This week your hosts go to lengths to explain why the apparently esoteric cases argued this week are, in fact, much more interesting than they sound. Meanwhile, Texas is back at the Court fighting the feds, something Texas S.G. Judd Stone has a lot of experience doing. Zack discusses that oral argument and then interviews former Congressman, Senator, Governor, and Ambassador Sam Brownback. For trivia this week, GC relies on the always excellent work of Dr. Adam Feldman to quiz Zack about Justice Jackson's early oral argument performance.
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This week the Court heard arguments in two major cases involving challenges to executive-branch agencies, and another race case involving a federal statute that restricts adoption and foster placement for Native American Children. Your hosts discuss those arguments, and then Zack interviews former ambassador and double SCOTUS clerk Chris Landau. After that, Zack grills GianCarlo with some very tough historical trivia.
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This week the Supreme Court heard oral arguments in two cases challenging the use of racial preferences in college admissions at Harvard and The University of North Carolina. Your hosts do a deep dive into those arguments, pulling out the best, worst, and most interesting questions. GianCarlo then interviews Professor David Bernstein who filed an influential amicus brief in the cases and wrote a fascinating book called Classified: The Untold Story of Racial Classification in America. Lastly, GianCarlo quizzes Zack to see if he can identify the most famous and infamous quotes from the Supreme Court's race jurisprudence.
As mentioned in the episode, you can read Ed Whelan's article here and Professor Ilya Somin's article here.
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It was another quiet week at the Court, but Justice Samuel Alito came to Heritage for our annual Joseph Story lecture. He sat down with John Malcolm and shared stories about his career and discussed topical issues like the leak of the draft Dobbs opinion and free speech on college campuses.
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In this special episode, former Vice President Mike Pence joins your hosts to share some inside-baseball about the judicial selection and confirmation process. He also shares his thoughts about the role of the Court in our constitutional system, how Justice Thomas came to administer his oath of office, and his particular admiration for Justice Barrett.
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It was a quiet week for orders, but a very exciting week for oral arguments. Your hosts discuss the copyright fight between the Andy Warhol Foundation and legendary rock-and-roll photographer Lynn Goldsmith, and the ideologically unpredictable Bacon Case, which might spark economic warfare between the states. GianCarlo then interviews Braden Boucek of the Southeastern Legal Foundation, and the two chat about fighting race essentialism in schools and the conservative legal movement. Last up, Zack grills GianCarlo about the Supreme Court's art cases.
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The Justices are back in their marble palace, and their newest member has joined the fray of oral argument. Your hosts, Zack and GianCarlo, share the latest SCOTUS news, discuss new cases, and chat about Justice Jackson's oral argument style. Zack interviews Judge Stephen Vaden of the Court of International Trade who talks about his early years working on a farm, to his days at Yale law, and his experience as a specialist judge. He also shares his thoughts on the ongoing Yale Law free-speech controversies. Last up, GianCarlo is delighted to stump Zack with supreme-spouse trivia.
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We've reached the end of the term after a blockbuster month and an incredibly full week of orders and opinions. Your hosts wish farewell to Justice Breyer who is now officially retired and welcome Justice Ketanji Jackson. This week the Court decided all of its remaining cases including West Virginia v. EPA, a challenge to a power grab by the Environmental Protection Agency, Biden v. Texas, a challenge to Biden's attempt to cancel the Remain-in-Mexico policy, and Kennedy v. Bremerton School district, which involved a school coach who was fired for praying privately after games. Your hosts discuss these and more. Of course, no term could conclude without GianCarlo trying to stump Zack with trivia, and this week it's all about interesting statistics about this term.
See you after the summer hiatus!
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The Court continued to release opinions at a frenzied pace this week. While GianCarlo enjoys some well-deserved R&R, the Meese Center's Director, John Malcolm, joins Zack to break down everything that's happening at the Court, including the release of an important religious liberty/school choice case, an important second amendment case, and, of course, Dobbs. Zack then interviews Ohio Solicitor General Ben Flowers. Last up, Zack puts John in the hot seat to try his hand at some Supreme Court-themed vacation trivia.
Here's a link to the fellowship Ben and Zack discuss: https://www.ohioattorneygeneral.gov/Careers/Internship-Opportunities/The-Simon-Karas-Fellowship
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The floodgates opened this week, and the Court gave us eleven opinions. Given time constraints, your hosts discuss a few of the most interesting ones, including two Indian Law cases and a big Chevron deference case that did not mention Chevron. GianCarlo then interviews District Judge Patrick Wyrick of Oklahoma. Last up, GianCarlo tries to stump Zack with trivia about the Supreme Court's end-of-term opinion bonanza.
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This week a man angry about the leaked Dobbs opinion showed up to Justice Brett Kavanaugh's home with a gun, a knife, burglary tools, and the intent to kill the Justice. Despite this, to the Justices' credit, they are working just as hard as ever resolving orders and issuing four opinions. You hosts discuss the assassination attempt, talk about noteworthy orders, and unpack those opinions. Zack also interviews Supreme Court advocate Morgan Ratner, who clerked for both Kavanaugh and the Chief Justice. Finally, curious about whether other Justices have been similarly targeted, your hosts look at the history of attacks against them.
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Despite some rumors that we might get the Dobbs opinion this week, we did not. We did, however, get opinions in an immigration case and in Senator Ted Cruz's challenge to an election rule that limited a candidate's ability to recover money loaned to his own campaign. Zack and GianCarlo unpack those cases in addition to the new cases that the Court took up this week. Zack then interviews Georgia Supreme Court Justice Nels Peterson. After that, GianCarlo grills Zack with trivia about sitting members of Congress who have served as Supreme Court clerks. Tune in to learn which Justice plays matchmaker on the side.
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Today on "SCOTUS 101," we are featuring the latest episode of "The Kevin Roberts Show" a sister podcast on the Heritage Podcast Network. Subscribe to The Kevin Roberts Show1: https://podcasts.apple.com/us/podcast/the-kevin-roberts-show/id1609468507
The left is hell-bent on tearing down our institutions. Their current target? The Supreme Court.
In recent days, we’ve watched them invade neighborhoods across the Washington, D.C., area to demonstrate and protest at the residences of justices. They call them enemies of democracy and, ultimately, the American people.
Mark Paoletta is an attorney, author, and personal friend of Justice Clarence Thomas. Under President George H.W. Bush, he played a pivotal role in his confirmation.
Opening up on his personal relationship with Thomas, Paoletta offers a redeeming glimpse at a public servant the left has unceasingly attempted to vilify. We’ll discuss that, the exciting new book he’s co-authoring, “Created Equal,” and more on this week’s episode of The Kevin Roberts Show.
Show notes:
The leaked draft opinion from Justice Alito: https://www.politico.com/f/?id=00000180-874f-dd36-a38c-c74f98520000
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This week saw the biggest leak in Supreme Court history: a leaked opinion. And not just any opinion, but an early draft of a purported majority decision in the Dobbs case, which would, if issued, overrule Roe v. Wade and return abortion policy to the people of each state. Zack and GianCarlo chat about the leak, what it means for the Court, and what ought to happen to the leaker. They also discuss all the other news that was drowned out by the leak including the memorial service for Justice John Paul Stevens and a major First Amendment opinion issued this week. GianCarlo then interviews Mississippi Attorney General Lynn Fitch, and they talk about her career and her legal strategy in Dobbs. Finally, Zack quizzes GianCarlo about Justice Stevens' life and career.
Here's a link to Zack and John Malcolm's article about whether the leaker can be criminally prosecuted.
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This was the final week of oral arguments of the term and also the final oral arguments for Justice Breyer. Your hosts discuss a kind tribute that the Chief Justice gave to his retiring colleague, new cert grants, and some of this week's high-profile arguments. They also discuss the two decisions of the week and what happens when the court splits 4-4 on a case. GianCarlo then interviews Supreme Court advocate Sarah Harris, and the two talk about her interesting path to the law, which includes years spent studying a clandestine CIA program. Sarah also shares wonderful stories from her clerkships for Judge Sandra Lynch, Judge Laurence Silberman, and Justice Thomas. Finally, with a bunch of railroad cases on the Court's docket, GianCarlo tries to stump Zack with trivia about the Court's most famous (and infamous) train cases.
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We are entering the final stretch of the term, and from here on out, opinions are likely to come fast. This week sets the pace with six opinions on free speech, tax, habeas corpus, and other issues. Your hosts explain them all and give a preview of next week's high profile oral arguments. Zack then interviews Kelly Shackelford, the President and CEO of First Liberty Institute, and the two talk about the current and future state of religious liberty at the Supreme Court. Zack then tries to stump GianCarlo with trivia about justices born in April.
This is your last chance to fill out our audience survey to let us know how we can improve the show!
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While Judge Ketanji Brown Jackson's confirmation process wends through the Senate, the Court is keeping up a fast pace of orders, arguments, and opinions. Your hosts discuss those, including one particularly exciting new case that GianCarlo has dubbed "The Bacon Case." Your hosts then jointly interview Ilya Shapiro to review Judge Jackson's hearings. With bacon on the mind, GianCarlo tries to fry Zack with some breakfast-at-SCOTUS trivia. You can find Ilya's excellent book about judicial confirmations here, and GianCarlo's previous interview with him about it here.
As mentioned in the episode, we'd greatly appreciate if you filled out a short survey to let us know how we can improve the show!
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The confirmation hearings for Judge Ketanji Brown Jackson filled the airwaves this week, but there were plenty of other Supreme Court goings on. Zack and GianCarlo give an overview of the hearings and then discuss this week's opinions. The Court decided cases involving racial gerrymandering, free speech, and a fascinating issue of religious liberty and the death penalty. Zack then interviews Supreme Court litigator and former acting Solicitor General Jeff Wall. Lastly, GianCarlo quizzes Zack with trivia about the two (and, perhaps, soon to be three) Justices Jackson.
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In this special episode, your hosts moderate a three-way discussion all about Judge Ketanji Brown Jackson's nomination. But first, we have some news about the lawsuit challenging the Texas heartbeat law and one opinion in a criminal-law case that sounds more like a law school exam than a real fact pattern. After discussing those developments, your hosts welcome Carrie Severino of The Judicial Crisis Network, Ed Whelan of the Ethics & Public Policy Center, and John Malcolm of The Heritage Foundation to discuss Judge Jackson's judicial philosophy (or lack thereof), how Republican Senators should approach her confirmation hearing, whether she'd have to recuse from the Harvard racial preferences case, and much more.
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The show and the Court are back from their mid-winter hiatus, and we have a lot to catch up on! There is, of course, Justice Breyer's retirement and President Biden's nomination of Judge Ketanji Brown Jackson to replace him, in addition to all of the usual goings-on of our favorite branch of government. We have orders galore and five opinions on topics including the Boston Marathon Bomber's death sentence, FBI secrets, and a possible CIA black site in Poland. Your hosts discuss all of that, and then Zack interviews veteran litigator and former head of the Office of Legal Counsel, Steven Engel. At the end of the show, Zack quizzes GianCarlo with trivia about Judge Jackson. Stay tuned for a special episode all about the nominee in the coming weeks!
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This episode has a little bit of everything: orders, arguments, opinions, and SCOTUS gossip. Zack and GianCarlo discuss this week's noteworthy orders, including the Court's decision not to block the release of certain documents over which former president Trump claimed executive privilege. They also look at this week's oral arguments, GianCarlo explains this week's one opinion, and Zack interviews Sixth Circuit Judge John Nalbandian. On the gossip front, your hosts explain how NPR correspondent Nina Totenberg landed in hot water by reporting some anonymously sourced Supreme Court gossip that three justices said was false. With leaks (false or otherwise) on the docket, Zack grilled GianCarlo with trivia from other famous inside scoops about the Court.
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The Court is back from its Winter recess, and so are your hosts. The Court heard arguments in six cases including the challenges to the OSHA and HHS vaccination mandates, and it issued opinions in those cases less than a week later. GianCarlo and Zack explain those opinions and give you the highlights from the Court's other arguments and orders this week. GianCarlo then interviews District Judge Sarah Pitlyk, and quizzes Zack with trivia about constitutional conundrums.
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Last week your hosts said that you wouldn't hear from them until the new year, but the Supreme Court had different plans. The Justices handed down their decision in the Texas Heartbeat Bill case, declined to take up a Free Exercise challenge to New York's COVID-19 vaccine mandate, and granted several new cases. Zack and GianCarlo unpack those decisions, and then GianCarlo interviews D.C. District Judge Trevor McFadden. Tune in to hear about his fascinating career in law enforcement from police officer, to prosecutor, to DOJ lawyer, to judge. Lastly, Zack quizzes GianCarlo with trivia about the earliest SCOTUS confirmations.
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In the last week before the Court's Christmas break, it heard oral arguments in several interesting cases concerning immigration courts, the fiduciary duties owed by retirement plans administrators, habeas corpus proceedings, and the big school choice case, Carson v. Makin. Your hosts discuss all of those cases, and Zack offers his predictions for Carson. Zack also interviews preeminent Supreme Court litigator Charles "Chuck" Cooper about his storied career. Finally, GianCarlo tests Zack's knowledge of the Supreme Court's use of scholarly articles in opinions.
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Abortion is on the docket this week as the Court hears oral arguments in Dobbs v. Jackson Women's Health Organization, which asks the Court to overrule Roe v. Wade and Planned Parenthood v. Casey. Dobbs filled this week's headlines, but the Court heard several other important cases too. Your hosts discuss them all, saving the oral arguments in Dobbs for after GianCarlo's interview of renowned legal theorist and political philosopher Robert P. George. Professor George explains the history of the Court's abortion jurisprudence, its relation to our American legal and philosophical tradition, and the implications of Dobbs. He also gives his prediction of how the case will turn out and what overruling Roe and Casey would mean for the future of the pro-life movement. After that, GianCarlo summarizes the Dobbs oral arguments, and Zack peppers him with trivia about the Court's abortion cases.
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This week at oral arguments, the Court heard cases about the scope of the state secrets privilege, whether a death-row inmate may have his spiritual advisor present at his execution, and the extent to which local governments can regulate billboards. Your hosts explain those cases, and then GianCarlo interviews Fourth Circuit Judge Allison Jones Rushing. Judge Rushing talks about singing in restaurants with Judge Sentelle, singing in the Supreme Court with Justice Scalia, fly fishing with Justice Gorsuch, becoming part of Justice Thomas's clerk family, and more. Last up, GianCarlo quizzes Zack with trivia about music at the Court.
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It was a big week for oral arguments with two about the Texas' abortion law, SB 8, and another about New York's firearm restrictions. GianCarlo explains the issues in the SB 8 cases and answers the pressing question of what, if anything, do they have to do with Dobbs. Zack unpacks the oral arguments in the Second Amendment case and covers other newsworthy items, like the confirmation of our new Solicitor General, Elizabeth Prelogar. Chief Judge Bill Pryor of the Eleventh Circuit joins us again to discuss his recent speech, "Politics and the Rule of Law." Last up, in honor of S.G. Prelogar's confirmation, Zack grills GianCarlo with Solicitor General trivia.
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There were no oral arguments this week, but there were a few noteworthy orders and a great milestone: Justice Clarence Thomas's 30th year on the bench! Zack discusses the orders, which include an expedited briefing and oral argument schedule in two challenges to the Texas abortion law. Your hosts also discuss the recent symposium hosted by The Heritage Foundation and The C. Boyden Gray Center for the Study of the Administrative State celebrating Justice Thomas's life, legacy, and jurisprudence. You can find recordings of that event here. GianCarlo also interviews Fifth Circuit Judge Andrew Oldham, who talks about his unexpected journey to a career in the law, his studies at Cambridge, and his clerkships for two legendary judges. Lastly, GianCarlo quizzes Zack with Justice Thomas themed trivia!
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Two weeks into the term, the full Court is back on the bench and hearing oral arguments in their storied courtroom. Among the arguments this week was the death-penalty appeal of the Boston Marathon bomber. Your hosts discuss how in-person oral arguments are going, and some of the newly granted cases. Zack interviews George Mason professor Todd Zywicki and they talk about his career and his recent lawsuit against the university's vaccine mandate. Lastly, Zack grills GianCarlo with some very surprising SCOTUS trivia.
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A new SCOTUS term is right around the corner! Your hosts, GianCarlo and Zack, are primed and ready to follow along with you this year. But before it begins, they've got a preview of this term's biggest cases delivered by two legendary Supreme Court advocates: former Solicitors General Paul Clement and Noel Francisco. Zack interviewed both of them at a Heritage event, and your hosts replay that discussion here.
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After an epic sprint to the finish, the Court has wrapped up the term. The justices handed down two of the term's biggest cases this week--the Arizona election-law case and the First Amendment challenge to California's nonprofit donor disclosure rules. Your hosts unpack those and the other three cases of the week. GianCarlo also interviews Louisiana Solicitor General, Elizabeth Murrill, who recently won Edwards v. Vannoy at the Court. Lastly, GianCarlo tests Zack's knowledge of the rate of agreement and disagreement between the justices this term. Can you guess how many unanimous opinions we got?
The show will be on a summer hiatus along with the Court, but we're looking forward to seeing you again in October!
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The Court is making it rain opinions on us---ten in one week! We got some of the big ones too including the NCAA antitrust case, the "Cussing Cheerleader" case, and a significant property rights case. Your hosts discuss those cases and all the rest, which involve warrantless entry into the home, the Appointments Clause, securities fraud, the standing doctrine, and Alaskan Native Corporations. Because there was so much to cover, your hosts didn't interview anyone this week, but they did not skip trivia. Zack hits GianCarlo with trivia about Justice Steven Breyer's life and career, and GianCarlo hits it out of the park. Can you keep up with our resident Justice Breyer expert?
If you're interested in learning more about this week's cases, you can find two articles about them by GianCarlo here and here.
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The ball has finally dropped! This week we got two of the biggest cases of the term: California v. Texas, the latest challenge to Obamacare, and Fulton v. City of Philadelphia, which concerns Catholic foster care services. Your hosts discuss those cases and the many others released this week. But if you thought this week was busy, hold on to your hats, because we have three opinion days next week. Zack interviews former United States Solicitor General Gregory Garre and learns what happens when you hit the Chief Justice of the United States with a tennis ball. Lastly, GianCarlo grills Zack with trivia about Indian tribes and SCOTUS.
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The Supreme Court keeps up the pace with two opinion days a week. Your hosts discuss the three opinions this week, which involve the scope of Indian police jurisdiction, an immigration issue, and a very unique statutory interpretation case that answers the question how do you become a cyber criminal. GianCarlo interviews Joshua Prince, a junior associate at the law firm Schaerr Jaffe LLP to learn about how a young lawyer can start a career as an appellate advocate. Lastly, GianCarlo tries to stump Zack with trivia about the Justice's educations, but ends up getting bested at his own game!
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The Court had a calm and peaceful week taking no new cases and issuing three unanimous opinions in fairly technical cases. Your hosts explain all of those opinions, and then Zack has a fascinating discussion with Judge Douglas Ginsburg about his career, clerking for Justice Thurgood Marshall, and why he felt the need to escape the Harvard faculty even though he had just received tenure. Zack then grills GianCarlo about the inner workings of The Food Court--the Supreme Court's cafeteria. Tune in to find out which Justice to blame if you don't like the food!
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With oral arguments over and the term on the home stretch, the Court is issuing opinions at high speed. But before they issued this week's opinions, the Justices threw a curve-ball at court watchers by taking Dobbs v. Jackson Women's Health, a major abortion case that could see the court overturn or rein in Roe v. Wade and Planned Parenthood v. Casey. Your hosts discuss that case and the four opinions handed down this week. Among them, two major criminal procedure cases, one civil procedure case, and a stinging rebuke to the IRS for engaging in administrative shenanigans. Zack interviews Judge Randolph of the D.C. Circuit who shares a wealth of fascinating stories about his career and his many friends from the Circuit who went on to SCOTUS. Lastly, GianCarlo grills Zack with trivia about judicial attire.
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It's full steam ahead as the Court finishes up its second-to-last week of oral arguments for the term. Among the six cases argued this week, were two blockbuster First Amendment cases, one that may decide the meaning of "freedom of association," and another that may decide whether schools can punish students for speech made outside of school. Your hosts discuss those arguments and more. GianCarlo explains the one opinion of the week, which is all about the meaning of the word "a," and explains how it's round two in the ongoing debate between Justices Gorsuch and Kavanaugh about the right way to do textualism. GianCarlo also interviews veteran advocate and Georgia Attorney General Chris Carr. Last up, Zack tries to stump GianCarlo with more strategic retirement trivia.
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It was a very busy week at the Court with six oral arguments, three opinions, and a couple of noteworthy orders. GianCarlo discusses the Court's order striking down a California COVID-19 restriction that discriminated against religious practice and a patent case with facts fit for an episode of Suits. Zack, meanwhile, discusses a case raising that all-important issue of whether and how the lawyers will get paid. Together your hosts explain this week's opinions, which involve life without parole for juvenile murderers, Social Security administrative law judges, and the scope of the Federal Trade Commission's enforcement powers. Zack interviews Judge Robert Luck of the Eleventh Circuit, and GianCarlo grills Zack with trivia about strategically timed SCOTUS retirements.
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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 Swearer joins us again! This time, however, she's in the hot seat as a guest and subject-matter expert to discuss the Supreme Court and the Second Amendment. Lastly, Zack quizzes GianCarlo with some trivia about the Justices' pre-SCOTUS jobs.
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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 GianCarlo discuss oral arguments with a special focus on the antitrust case that will decide whether the NCAA’s student-athlete compensation rules are lawful. The hosts also discuss the three opinions issued, which involve spam text messages, media conglomerates, and a water-rights fight between Florida and Georgia. GianCarlo interviews Judge Ada E. Brown of the Northern District of Texas and quizzes Zack with trivia about the Justices' extracurricular activities.
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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 police. We also got two blockbuster opinions this week involving personal jurisdiction and the definition of a "seizure" for the Fourth Amendment. Your hosts unpack all of that, and more. GianCarlo also interviews John Wood, a veteran litigator, Justice Thomas clerk, and current Chief Legal Officer of the U.S. Chamber of Commerce. Last up, Zack grills GianCarlo with Fourth Amendment trivia. If he does well, all credit goes to Judge Pamela Harris who taught him criminal procedure.
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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 government violates your civil rights and you only ask for nominal damages, can you sue? The hosts jointly interview their new colleague, Sarah Parshall Perry, about the ripple effects of the Bostock decision. Lastly, the hosts play trivia and the theme is "Where in the world is Justice Carmen Sandiego?"
You can read two of Sarah's recent pieces on the topics of our interview here and here.
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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 bar. GianCarlo then interviews Ninth Circuit Judge Patrick Bumatay. Last up, Zack proves he's got a mind for comedy as GianCarlo quizzes him about the funniest fun-facts about SCOTUS.
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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 federal government's eminent domain power against a state government. Your hosts are joined this week by Judge Brantley Starr who discusses his journey to the bench and the influence his famous uncle had on his decision to become a lawyer. Lastly, Zack lobs some snowy-weather themed trivia at GianCarlo.
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Going into its three week "working recess," the Court was relatively quiet, issuing a few orders and one DIG. What's a DIG? GianCarlo explains that, while Zack explains Munsingwear vacatur. GianCarlo then interviews Ninth Circuit Judge Lawrence VanDyke who shares his unusual path to law school and reveals why GianCarlo has dubbed him the modern-day Serranus Hastings. Finally, Zack holds his own in trivia about SCOTUS nicknames!
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It was a quiet week at the court with no new grants or opinions, but we did have two interesting oral arguments. Zack and GianCarlo discuss those cases, and then GianCarlo interviews Fifth Circuit judge Jennifer Walker Elrod. She tells us about her career, her musical talent, and her continuing devotion to her undergraduate alma mater. Lastly, Zack throws some inauguration-themed trivia GianCarlo's way.
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We're back from the holiday break and so is SCOTUS! This week we discuss orders that the Court issued in a capital-punishment case and an abortion case. Zack and GianCarlo also discuss this week's oral arguments, which among other cases, involve a unique First Amendment issue with far-reaching implications. GianCarlo interviews Judge Matthew Kacsmaryk, who explains the link between Robert Bork, Thomas Sowell, and Top Gun's Maverick. Lastly, GianCarlo tries to trick Zack with trivia about where many Supreme Court justices came from.
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In this special holiday episode, Zack and GianCarlo prepare for the Court's Winter break with a review of the term so far and a preview of what's to come. Of course, no episode of SCOTUS 101 would be complete without trivia, so GianCarlo tests Zack's knowledge of the history of the Court's annual Christmas party.
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This week we have our first opinions in cases argued this term. Zack joins GianCarlo in discussing those cases and this week's oral arguments, which include two cases about art stolen by Nazis. Zack also updates us about the major election cases pending before the Court. GianCarlo interviews returning guests, Judge Jeffrey Sutton and Ed Whelan on their new book: The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. Lastly, Zack quizzes GianCarlo with art-related trivia.
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This week Zack Smith is back, and he joins GianCarlo to discuss this week's oral arguments, which cover some touchy technology issues and whether the president can discount illegal aliens when it comes to determining the relevant population for each state's allotment of seats in the House of Representatives. GianCarlo also discusses the Court's midnight Thanksgiving order granting houses of worship a win against discriminatory COVID-19 restrictions. He also interviews Judge Raymond Kethledge who tells us about his career and shares his passion for writing. Last up, Zack is in the hot seat for technology-themed trivia!
You can find Judge Kethledge's book here.
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This week the Court gave advocates a Thanksgiving break from oral arguments, but our favorite black-clad gang of nine gave us a few new cases. With Amy out this week, our colleague Zack Smith fills in to discuss those cases. GianCarlo interviews Professor Josh Blackman to discuss the status of religious-liberty challenges to COVID-19 restrictions, the confusion caused in the lower courts by the Chief's opinion in South Bay United Pentecostal Church, and what the Court is likely to do with the two new religious-liberty challenges now pending. Lastly, Zack tries to stump GianCarlo with Thanksgiving themed SCOTUS trivia.
You can read Professor Blackman's two articles here and here.
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It was a quiet week for the Court, so your hosts take the time to highlight some of the most interesting cases that are waiting for the Court to take them up. Amy also discusses the one case that was picked, and GianCarlo interviews Professor Paul Cassell, a former federal judge and leading expert in the field of victims' rights. Lastly, GianCarlo tests Amy's architectural knowledge with trivia related to the Supreme Court building.
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In this week's episode, your hosts are back in the studio to cover new cases, emergency election orders, and some of the term's biggest oral arguments. GianCarlo discusses the arguments in Brownback, and Amy walks us through the oral arguments in Texas v. California the most recent challenge to the Affordable Care Act. GianCarlo also interviews Professor John Yoo about his latest book: Defender in Chief: Donald Trump's Fight for Presidential Power. Lastly, Amy tries to stump GianCarlo with Veterans Day trivia, but he turns the table on her with some trivia of his own!
You can find Professor Yoo's book here.
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This week the news may be focused on the election, but the Supreme Court is carrying on with business as usual. Your hosts discuss oral arguments, focusing on Fulton v. Philadelphia, the Catholic adoption services case, and Jones v. Mississippi, the Eighth Amendment challenge to life sentences without parole for minors. Amy interviews Laura Wolk who is the first blind Supreme Court clerk, and GianCarlo pulls out all the stops with election-law trivia. Will Amy leave any hanging chads? Join us and find out!
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This week Justice Amy Coney Barrett joined the Supreme Court as its 115th justice! Your hosts respond to some listener questions and explain why justices take two oaths, who administers them, and when and where those traditions were formed. Following up on her tribute to Justice Ginsburg from a previous episode, Amy explores what it means for a conservative woman to have a conservative role model on the court. The hosts replay an interview that Elizabeth Slattery conducted of then Judge Barrett, and lastly Amy tries to stump GianCarlo with trivia about swearing-in ceremonies.
GianCarlo and John Malcolm recently wrote an article about Justice Barrett's confirmation, which you can find here.
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This week your hosts provide an update on Judge Amy Coney Barrett's confirmation process and discuss several interesting new cases the Court took up this week. Amy interviews Professors Hannah Brenner Johnson and Renee Knake Jefferson about their book “Shortlisted: Women in the Shadows of the Supreme Court.” Lastly Amy shines in trivia about famous lawyers who could have, would have, or should have been on the Supreme Court.
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In this episode Amy and GianCarlo introduce Judge Amy Coney Barrett and cover all the most interesting and exciting parts of her confirmation hearing. They also discuss two cases argued before the Court this week: Torres v. Madrid, and U.S. v. Briggs. GianCarlo interviews Ilya Shapiro about his new book, Supreme Disorder: Judicial Nominations and the Politics of America's Highest Court. And lastly, Amy does a pretty good job of stumping GianCarlo with court-packing trivia!
If you'd like to read Ilya's new book--and we highly recommend it--you can find it here.
Here's Amy's article on Judge Barrett's Second Amendment writings.
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A new term begins! Amy and GianCarlo launch the new season with a tribute to the late Justice Ruth Bader Ginsburg. GianCarlo previews some of the biggest legal issues facing the Court this term, and Amy discusses this week's oral arguments. The duo also interview their colleague, Thomas Jipping, who is an expert on the confirmation process, and the three of them look at the road ahead of SCOTUS nominee, Judge Amy Coney Barrett. Last up, GianCarlo tries to stump Amy with confirmation-related trivia.
If you'd like to hear more about the biggest cases of this term, you may enjoy watching The Heritage Foundation's preview of the term with The Honorable Paul Clement, and Eric Citron available here: https://www.heritage.org/courts/event/virtual-event-supreme-court-preview-the-2020-2021-term.
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The term has ended with a bang! In this final episode of the season, GianCarlo and Amy discuss the blockbuster cases handed down this week, which addressed whether the President must release his tax returns, whether nearly half of Oklahoma is, in fact, an Indian reservation, whether the Little Sisters have to provide contraceptives in violation of their religious beliefs, and more. Amy interviews our dear friend and colleague, Paul J. Larkin, Jr., and he talks about his career, his mentors, and how he prepared for SCOTUS oral arguments.
Here's Amy's article about the Little Sisters' case: https://www.dailysignal.com/2020/07/08/little-sisters-of-poor-win-big-at-supreme-court-but-the-fight-isnt-over/
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In this episode, GianCarlo and Amy unpack the five big opinions issued this week, which involve religious liberty, abortion, separation of powers, corporate free-speech rights, and cutting edge trademark law. GianCarlo interviews Judge Daniel Bress of the Ninth Circuit who shares stories about clerking for Judge J. Harvie Wilkinson III and Justice Scalia. And lastly, Amy grills GianCarlo with religious-liberty trivia.
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In this episode, GianCarlo and Amy unpack the two opinions released this week, one holding that the SEC may seek disgorgement of ill-gotten gains, and the other upholding a statutory limit to habeas review for aliens detained for expedited removal. GianCarlo then interviews Judge Sandra Ikuta of the Ninth Circuit, and who tells us about her career, her mentors, and her clerkship with Judge Sandra Day O'Connor. And lastly, the hosts are joined by special guest, Paul J. Larkin, Jr., for SCOTUS movie trivia!
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In this episode, GianCarlo and Amy dive into the two big opinions this week that considered whether Title VII of the Civil Rights Act forbids sexual-orientation and gender-identity discrimination and whether the Trump administration acted properly when it rescinded the DACA program. Amy then interviews Judge David Porter of the Third Circuit. And lastly, with textualism all the rage because of the Title VII decision, GC tries to stump Amy with textualism-related trivia!
Here's the link to Amy's article on the Court's refusal to take a Second Amendment case: https://www.heritage.org/firearms/commentary/justices-continue-long-shameful-silence-second-amendment
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In this episode, GianCarlo and Amy discuss the rumored departure of Solicitor General Noel Francisco, update you on Covid-19 litigation, and explain the one opinion issued this week on the prisoner pleading three-strikes rule. GianCarlo also interviews former federal judge and Attorney General, Michael Mukasey, who settles the debate about what to call attorneys general. Finally, in honor of the anniversary of D-Day on June 6, Amy tries to stump GianCarlo with World War 2 SCOTUS trivia.
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In this episode, GianCarlo and Amy discuss the dueling opinions in the case denying emergency relief to churches challenging California's Covid-19 restrictions. They also breakdown the five opinions the Court issued this week, which cover ERISA standing, foreign arbitral awards, the Puerto Rico Oversight Board, successive habeas petitions, and appellate review in the context of the Convention Against Torture. What a week! Amy also interviews former C.J. Rehnquist clerk and superstar securities lawyer, Matthew Martens, and tries to stump him with Rehnquist related trivia. Is she successful? Tune in to find out!
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In this episode, GianCarlo and Amy examine surprising data collected by Empirical SCOTUS about telephonic oral arguments, a new Roe v. Wade documentary, and emergency petitions to the Court by churches challenging stay-at-home orders. GianCarlo interviews veteran legal journalist Stuart Taylor, Jr., and they discuss his career and the state of the modern news media. Finally, your hosts fill in for ESPN by doing Supreme Court sports trivia. It's sportsball time!
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In this episode, Amy impersonates Matthew McConaughey, GianCarlo tries out a French accent, and the two of them discuss the new documentary, Created Equal: Clarence Thomas in His Own Words (available to stream online for free at the link below). They also unpack the one opinion released this week, which involves the 1998 al Qaeda bombings of the embassies in Kenya and Tanzania. Finally, Amy interviews Arizona Attorney General Mark Brnovich and explores how his parents' escape from communism shaped his view of America.
Created Equal: Clarence Thomas In His Own Words: https://www.pbs.org/video/created-equal-clarence-thomas-in-his-own-words-rymp6z/
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With oral arguments done for the term, GianCarlo and Amy discuss the arguments in some of this term's biggest cases and review the successes of telephonic oral argument. GianCarlo interviews the legendary Judge Marty Feldman, and the two talk about the judge's unusual path to the law, his friendship with Justice Scalia, and his time on the FISA court.
Created Equal: Clarence Thomas In His Own Words: https://www.pbs.org/about/blogs/news/created-equal-clarence-thomas-in-his-own-words-airs-on-pbs-may-18-2020/
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It's Elizabeth's last day on the show, and a week of big news at the Court: telephonic oral arguments, questions from Justice Thomas, and the "flush heard 'round the world." We also discuss this week's opinions (one involves Bridgegate, the other a sizzling unanimous rebuke of the Ninth Circuit), and Elizabeth interviews legal power couple, Jim and Allyson Ho.
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Elizabeth Slattery introduces the new hosts, GianCarlo Canaparo and Amy Swearer. They recap the Court's latest rulings (guns, Obamacare, and a Georgia copyright case), and Elizabeth chatted with former Wisconsin Solicitor General Misha Tseytlin. Stay tuned for Supreme Trivia - Elizabeth's in the hot seat.
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Elizabeth Slattery & Tiffany Bates have a big announcement that you won't want to miss! They also recap the Court's latest rulings (non-unanimous jury verdicts, point source pollutants, and more), and Elizabeth chatted with 2nd Circuit Judge Michael Park about his affinity for NSYNC and Microsoft Outlook. Stay tuned for Supreme Trivia - Dramatic Departures edition.
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With no word about the March and April oral arguments, Elizabeth Slattery & Tiffany Bates recap the Court's latest rulings (one involves the infamous pirate, Blackbeard). They also debut their new SCOTUS book club. Elizabeth chats with 6th Circuit Judge Alice Batchelder about her love of roller coasters and her chambers' unusual dress code. Stay tuned for Supreme Trivia - April Fools' Day edition.
Here's the book we're reading: https://www.amazon.com/More-Obedient-Wife-Novel-Supreme/dp/0615135161
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Please enjoy the George W. Bush Presidential Library's interview with Justice Neil Gorsuch. Check out other episodes of the Strategerist podcast here: https://podcasts.apple.com/us/podcast/the-strategerist/id1450428537.
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Mark Walsh joins Elizabeth Slattery this week to break down what the oral arguments in an important separation-of-powers case and the Louisiana abortion case. They discuss the recent dust up between John Roberts and Chuck Schumer and the news that the Court will hear a sixth case involving Obamacare. Elizabeth also chats with Louisiana Solicitor General Elizabeth Murrill about her career. Stay tuned for Supreme Trivia - Before They Were Justices edition. Mark's in the hot seat!
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Elizabeth Slattery and Tiffany Bates hit the highlights of the Court's recent opinions, orders, and denials. They also sit down with 7th Circuit Judge Amy Coney Barrett and hear about tailgating at Notre Dame football games and shooting sporting clays with her clerks. Stay tuned for Supreme Trivia - The Dogma Lives Loudly edition. Elizabeth's in the hot seat!
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Laissez les bon temps rouler! Elizabeth Slattery and Tiffany Bates talk about upcoming SCOTUS arguments and the release of Justice Scalia's papers. Elizabeth also chats with Fifth Circuit Judge Kurt Engelhardt about his quest to find the best king cake in New Orleans. Stay tuned for Supreme Trivia - Mardi Gras edition!
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Elizabeth & Tiffany talk about grants in cases involving "faithless" presidential electors and the Little Sisters of the Poor. They recap oral argument in the Montana school choice case and discuss the highlights of John Roberts's new job presiding over President Trump's impeachment trial. Elizabeth also chats with 4th Circuit Judge J. Harvie Wilkinson about finding work that makes your heart sing. Stay tuned for Supreme Trivia - Impeachment Edition. Elizabeth's in the hot seat!
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Elizabeth & Tiffany talk about the riveting first opinions of 2020 and new grants, (Trump tax returns, failed 4th Amendment seizures, and more!). They recap oral argument in the "Bridgegate" case and whether "Ok, Boomer" is canceled. Elizabeth also chats with Judge Chad Readler of the 6th Circuit about being a Michigan fan in the heart of Ohio Buckeye territory. Stay tuned for Supreme Trivia. Tiffany's in the hot seat!
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In this bonus episode, Elizabeth Slattery chats with law professor Jack Goldsmith about his effort to clear the name of his step-father, Chuckie O'Brien, who was once a leading suspect in union boss Jimmy Hoffa's disappearance.
Get Jack's book, "In Hoffa's Shadow" here: https://www.amazon.com/Hoffas-Shadow-Stepfather-Disappearance-Detroit-ebook/dp/B07PNXC7WD.
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The Daily Caller's Kevin Daley joins Elizabeth Slattery to break down recent opinions, orders, and oral argument in the fifth Obamacare case at the Supreme Court. Elizabeth also chats with Judge Stephanos Bibas of the 3rd Circuit about the best way to eat a Philly Cheesesteak. Stay tuned for Supreme Trivia - Christmas edition. Kevin's in the hot seat!
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Elizabeth Slattery and Tiffany Bates talk about the NYC gun case and offer holiday gift ideas for SCOTUS fans. Elizabeth also chats with Judge Amul Thapar of the 6th Circuit about all things Kentucky.
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Elizabeth Slattery and Tiffany Bates share what they're thankful for as the holiday season approaches. They also discuss a few cases going to conference this week and chat with Judge David Stras of the 8th Circuit. Stay tuned for Supreme Trivia. Elizabeth's in the hot seat!
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Elizabeth Slattery and Tiffany Bates recap Justice Brett Kavanaugh's speech to the Federalist Society and this week's oral argument in the DACA case. Elizabeth also chats with law professor Josh Blackman about his new book, 100 Supreme Court Cases Everyone Should Know. Stay tuned for Supreme Trivia. Tiffany's in the hot seat!
Get the book here: https://www.amazon.com/Introduction-Constitutional-Law-Supreme-Everyone/dp/1543813909
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Elizabeth Slattery and Tiffany Bates discuss recent oral arguments, preview a new documentary about Justice Clarence Thomas, and answer a listener question about a case involving the infamous climate change "hockey stick" graph. Elizabeth also chats with Texas power couple Erin and Brett Busby. Stay tuned for Supreme Trivia - Couples edition. Elizabeth's in the hot seat!
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Elizabeth Slattery and Tiffany Bates discuss public opinion of the Supreme Court, a few recent grants, and upcoming arguments. Elizabeth also chats with University of Minnesota Professor Timothy Johnson about SCOTUS Notes, his project making the justices' conference notes accessible to the public. Stay tuned for Supreme Trivia - Halloween edition. Tiffany's in the hot seat!
Want to transcribe the justices' secret conference notes? Check out SCOTUS Notes: https://www.zooniverse.org/projects/zooniverse/scotus-notes-behind-the-scenes-at-supreme-court-conference?mod=article_inline
More of the justices' notes are available here: https://sites.google.com/a/umn.edu/trj/
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In a special episode, Elizabeth Slattery sits down with the legendary Judge Edith Jones of the Fifth Circuit to discuss the eagle collection in her chambers, her love of Julia Child and making aspic, and a run-in with Elizabeth Warren.
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Elizabeth Slattery and Tiffany Bates discuss the Supreme Court's new 2 minute rule and recap the week's oral arguments. Elizabeth also chats with David Feder and Janie Nitze, former law clerks to Justice Neil Gorsuch and collaborators on his book, "A Republic, If You Can Keep It." Stay tuned for Supreme Trivia - Elizabeth's in the hot seat!
Get Justice Gorsuch's book here: https://www.amazon.com/Republic-If-You-Can-Keep/dp/0525576789.
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In the first episode of Season 4, Elizabeth Slattery and Tiffany Bates preview oral arguments coming up next week and discuss a trio of cases involving state abortion regulations that the justices may take up soon. Elizabeth also chats with Sarah Harrington, an alum of the Solicitor General's office about her custom morning suit and pre-argument pump up song. Stay tuned for Supreme Trivia - Tiffany's in the hot seat!
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