Law360's The Term - News & Analysis on the Supreme Court
157 episodes - English - Latest episode: 10 months ago - ★★★★ - 133 ratingsThe Term is a podcast from Law360 for the busy U.S. Supreme Court watcher. Give us about 15 minutes each week and we'll catch you up on all the big action at the nation's highest court, along with a list of what to watch in the coming sessions. Hosts senior Supreme Court reporter Jimmy Hoover in Washington, D.C. and editor-at-large Natalie Rodriguez in New York City cut through a busy docket to focus on the key cases and developments everyone will be talking about.
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Episodes
S2, E15: High Court Housekeeping
January 28, 2021 05:00 - 16 minutesThe Supreme Court took a break from oral arguments this week and cleared a number of cases from its docket, including an emoluments dispute brought against former President Trump. The court also declined to take up a number of new challenges, including an appeal from disgraced former New York Assemblyman Sheldon Silver and a revisiting of the landmark Janus case. We talk you through the high court’s week of housekeeping on this episode of the Term, plus discuss Chief Justice John Roberts’ dec...
S2, E14: The Future Of Climate Change Lawsuits
January 21, 2021 05:00 - 19 minutesThe Supreme Court wrestled with regulations on media ownership and a procedural question about climate change litigation during a busy week that also saw two justices play central roles in Wednesday's inauguration. And with the start of the Biden administration came the naming of a new acting solicitor general who is no stranger to the high court. We’re catching you up on this week’s episode of The Term.
S2, E13: In The Thick Of It
January 14, 2021 05:00 - 22 minutesWith the justices starting to receive their COVID-19 vaccinations, the Supreme Court is off and running in 2021, weighing in on abortion rules, the power of regulators and even Taylor Swift. In this episode of The Term, we press rewind on busy week of oral arguments; break down a ruling from Tuesday night reinstating rules requiring patients to travel to clinics to obtain abortion-inducing medication despite the ongoing pandemic; and look ahead at a novel First Amendment case recently added t...
S2, E12: The Biden Era Begins
January 07, 2021 05:00 - 20 minutesWith just a few weeks left before the inauguration of a new president and the clock running out at the Supreme Court in several Trump cases, the Term this week is breaking down what to expect from the justices during the Biden administration; whether a conservative majority can frustrate the president-elect’s progressive plans; and what Biden can achieve now that Democrats control both chambers of Congress, including a potential new justice appointment.
S2, E11: The End Of The Trump Era
December 17, 2020 05:00 - 23 minutesPresident Donald Trump's tumultuous relationship with the Supreme Court is coming to an end after four years of blockbuster cases, angry tweets and three lifetime appointments. Law360's The Term looks back on the norm-shattering Trump era with law professor Stephen Vladeck.
S2, E10: The Push To Overturn The Election
December 10, 2020 05:00 - 16 minutesThe first opinions of the Supreme Court session are here and Law360's The Term is breaking them down, from a nerdy foray into Delaware's court-system to a groundbreaking religious freedom ruling. Plus, the team scrutinizes an election case the president seems to think will hand him a second term.
S2, E9: Suing Candy Makers For Child Slavery
December 03, 2020 05:00 - 24 minutesThis week, the U.S. Supreme Court weighed whether Nestlé and Cargill can be held liable for supporting child slavery on African cocao farms, and heard another census case with big implications for congressional power. We’re breaking it all down on this week’s episode of The Term, plus ending with some highlights from a recent appearance by Justice Sonia Sotomayor on the Red Table Talk talk show hosted by Gloria Estefan.
S2, E8: What's On Alito's Mind?
November 19, 2020 05:00 - 18 minutes"Here it goes," Justice Samuel Alito Jr. began a scorcher of a speech last Thursday that touched on COVID-19 restrictions, religious freedom, abortion and more. On this week's episode of The Term we discuss what stood out from the conservative justice, who is seldom shy about his views. We also examine President-elect Joe Biden’s pick for White House counsel; Justice Sonia Sotomayor’s fiery dissent in a COVID-related petition; and a bid by Congressional Democrats to pause oral arguments in ov...
S2, E7: A Good Day For The ACA
November 12, 2020 05:00 - 18 minutesThe U.S. Supreme Court appears likely to once again uphold the Affordable Care Act after a hearing on Tuesday. The team breaks down key moments from the arguments, and what the election means for the Supreme Court, in this week's episode of The Term.
S2, E6: Catholic Foster Agency Headed For Win
November 05, 2020 05:00 - 19 minutesAs the country awaited election results this week, the U.S. Supreme Court turned to a landmark First Amendment case involving a Catholic foster care agency that refused to place children with same-sex couples. The team tackles why the agency could be headed for a win in the case, as well as other high court developments on The Term.
S2, E5: Justice Barrett Enters Election Storm
October 29, 2020 04:00 - 18 minutesJustice Amy Coney Barrett took her judicial oath and received her new chambers this week, before finding herself at the center of a hurricane of election litigation where she could play a decisive role. Catch up on the Supreme Court's last-minute election maneuvering with this week’s episode of The Term.
S2, E4: Justices Dive Into Election, Immigration Battles
October 22, 2020 04:00 - 18 minutesIt was a whirlwind week of confirmation news and politically-charged election and immigration cases that the justices weighed in on, so we’re breaking it all down on this week’s episode, plus diving into a conversation with a leading appellate advocate on why the Supreme Court needs more female clerks.
S2, E3: Breaking Down The Barrett Hearings
October 15, 2020 04:00 - 20 minutesJudge Amy Coney Barrett is almost through what she described as an "excruciating" confirmation process after finishing her Senate testimony Thursday. This week, the team breaks down the highlights from the hearings with Law360’s congressional reporter.
S2, E2: Justices Start Term With Guns Blazing
October 08, 2020 04:00 - 18 minutesThe Supreme Court wasted little time making waves in its first week of the 2020 term, from Justice Clarence Thomas’ attack on the “Obergefell” precedent to a multibillion copyright battle between Google and Oracle. And with the election less than a month away, the court also found itself pressed to weigh in on litigation involving election processes during the pandemic. We break down the court’s busy first week on this week’s episode.
S2, E1: The Impact of Amy Coney Barrett
September 30, 2020 04:00 - 20 minutesThe Supreme Court's 2020 term kicks off in less than a week. On this week’s episode of The Term, we discuss what Judge Amy Coney Barrett's confirmation would mean for some of the biggest cases on the docket, from the fate of the Affordable Care Act to the First Amendment.
The Life And Legacy Of Ruth Bader Ginsburg
September 21, 2020 04:00 - 35 minutesJustice Ruth Bader Ginsburg is among the few on the Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Law360's The Term dives into her legacy as a pioneering women's rights advocate with two guests who worked by her side.
We’re Back With Season 2
September 18, 2020 04:00 - 2 minutesIt’s been a long and difficult summer full of cancelled vacations, sweaty face masks, and a lack of new episodes from your favorite Law360 Supreme Court podcast, The Term. But we’re back with a new season on Sept. 24, starting with a special episode on Supreme Court clerks, then moving on to the blockbuster high court cases we’ll be watching. So if you enjoyed our show last year, or if you’re looking for a quick, digestible news podcast to get you caught up on the biggest Supreme Court develo...
S1, E39: Term Finale - The Myth Of The Moderate Court
July 17, 2020 04:00 - 42 minutesIn our final episode of the season, The Term podcast team looks back on the Supreme Court's historic 2019 term with a pair of special guests. First we talk to Law360 research and data editor Jackie Bell about some surprising numbers that came out of the court this year. Then, we welcome on Melissa Murray, a constitutional law professor at NYU School of Law and co-host of the Supreme Court podcast Strict Scrutiny, for wide-ranging conversation covering everything from the pandemic to the impea...
S1, E38: The Justices Wrap Up With Trump Taxes
July 09, 2020 04:00 - 22 minutesIn a whirlwind end to the U.S. Supreme Court term, the justices decided just who can -- and can't -- subpoena President Donald Trump's financial documents in a pair of decisions that once again highlighted the chief justice's influence on the court. We break down those rulings on this week’s episode, plus touch on an opinion from earlier this week that lets employers off the hook of the Affordable Care Act’s contraception mandate if they oppose birth control on moral or religious grounds.
S1, E37: It's Roberts' World
July 02, 2020 04:00 - 18 minutesAs the U.S. Supreme Court edges closer towards the finish line of the term, Chief Justice John Roberts' sway on the bench was increasingly apparent this week in a trio of opinions on abortion, agency independence and the separation of church and state that we’re breaking down on this week’s episode.
S1, E36: Where Are All The Opinions?
June 25, 2020 04:00 - 15 minutesThe end of the U.S. Supreme Court term is supposed to be around the corner, but with more than a dozen opinions still outstanding, there's a question of whether the justices will go longer into the summer than they have in 24 years. On this week’s episode we discuss how the final stretch of the term could play out, plus dig into one opinion handed down this week that denied federal court review to certain asylum-seeking migrants, and another that preserved – but also reigned in – one of the S...
S1, E35: DACA, Title VII Bombshells Land Early
June 18, 2020 04:00 - 19 minutesThe U.S. Supreme Court dropped two unexpected and explosive decisions this week, granting Title VII protections for LGBT workers and upholding — at least for now — legal protections for the 700,000 young immigrants protected under the DACA program. On this week’s episode we welcome Law360 senior reporter Suzanne Monyak to unpack Thursday’s highly-fractured DACA opinion, then dive into Monday’s landmark LGBT ruling surprisingly authored by conservative Justice Neil Gorsuch.
S1, E34: So Many Blockbusters, So Little Time
June 11, 2020 04:00 - 16 minutesLGBTQ rights. DACA. Trump's taxes. With the end of the U.S. Supreme Court term just three weeks away, we discuss this week the pile of blockbuster opinions left for the court to deliver and make a few predictions about what we might see next — and last.
S1, E33: Sotomayor Scorches On Pensions, Puerto Rico
June 04, 2020 04:00 - 16 minutesIn two of the biggest decisions the Supreme Court handed down this week, Justice Sonia Sotomayor took the spotlight with her additional thoughts on the majority opinions. We dive into those on this week’s episode of The Term plus welcome on Law360 senior reporter Emily Brill to break down a key pension fund ruling.
S1, E32: Roberts On Lessons Of The Pandemic
May 28, 2020 04:00 - 15 minutesThe U.S. Supreme Court has issued it’s latest COVID-19 decision, this one involving an Ohio federal prison in the midst of a deadly outbreak. We break it down on this week’s episode of The Term, plus visit some of what Chief Justice John Roberts misses most about the world before the pandemic.
S1, E31: Clarence Thomas Steps Into The Spotlight
May 21, 2020 04:00 - 17 minutesHe's quiet, conservative and controversial. But what do we really know about Justice Clarence Thomas? This week, the team discusses a new documentary on the enigmatic justice that features interviews with the man himself.
S1, E30: Trump Taxes And Frodo Baggins
May 14, 2020 04:00 - 21 minutesThe U.S. Supreme Court this week dove into several cases that could affect the 2020 election, including high-profile arguments over access to President Donald Trump's financial records and a row over so-called faithless presidential electors that sparked one justice to amusingly reference the "Lord of the Rings" universe. We break it all down on this week’s episode of The Term. And if you enjoy the episode, please leave us a written review!
S1, E29: Flushing Arguments Down The Toilet
May 07, 2020 04:00 - 15 minutesThere was no shortage of surprises in the U.S. Supreme Court’s historic first week of telephonic arguments, as Justice Clarence Thomas frequently asked questions and Justice Ruth Bader Ginsburg unfortunately had to dial in from a hospital bed. And there were no shortage of bloopers either, including a toilet flush heard across social media. We break it all down on this week’s episode of The Term.
S1, E28: How The Court's First Phone Hearings Will Work
April 30, 2020 04:00 - 18 minutesThe U.S. Supreme Court has released the format for how its unprecedented telephone oral arguments will work next week, and they won't be the usual free-for-all court watchers are used to hearing. On this week’s episode of The Term we break those down, plus look at the court's big Monday ruling in an Affordable Care Act case and a not-so-big one on the Second Amendment.
S1, E27: Unlikely Alliances Take The Spotlight
April 23, 2020 04:00 - 19 minutesIn delivering this week’s slate of opinions, the U.S. Supreme Court justices created a few eyebrow-raising alliances in a pair of cases involving the Clean Water Act and the requirement for a unanimous jury. We break down both of those decisions on this week’s Term, plus touch on a case the high court added to its docket with important digital privacy implications.
S1, E26: To Begin Your Oral Argument, Press 1
April 16, 2020 04:00 - 17 minutesThe U.S. Supreme Court surprised many legal watchers this week when it agreed to hold a slate of telephonic oral arguments in light of the pandemic. The team breaks down what to expect, before diving into a new high court challenge to the Trump administration’s “wealth test” spurred by COVID-19.
S1, E25: Dissecting The Court’s First COVID-19 Decision
April 09, 2020 04:00 - 19 minutesThis week, the team discusses the Supreme Court’s first coronavirus-related ruling in a case involving Wisconsin’s election, which highlighted how the court’s partisan division may play out through the deadly pandemic. We also dive into the latest oral argument postponements, and a pair of additional opinions handed down this week that have 4th Amendment and employment discrimination implications.
S1, E24: Coronavirus Ain't Keeping RBG Down
April 02, 2020 04:00 - 20 minutesThis week, the team discusses how the coronavirus is affecting life at the U.S. Supreme Court, from tech troubles during an opinion announcement to Justice Ruth Bader Ginsburg’s famous workout routine. Plus, there’s a special conversation with Cate Stetson, co-director of Hogan Lovells LLP’s appellate practice, on what the pandemic means for Supreme Court lawyers.
S1, E23: Justices Press On With Work, At A Distance
March 26, 2020 04:00 - 19 minutesThis week’s episode looks at how the U.S. Supreme Court is keeping its gears in motion amid the pandemic, how the stimulus bill could help further remote working at the court and, on a lighter note, the team looks at some of the justices’ travel perks before self-isolation became the new norm.
S1, E22: COVID-19 Shuts Down The Supreme Court
March 19, 2020 04:00 - 10 minutesThe Supreme Court has closed to the public and, for the first time in a century, postponed oral arguments because of a public health crisis. This week, the team discusses how the spreading novel coronavirus has upended the current term -- and what may lie ahead for the justices.
S1, E21: Does The Supreme Court Favor The Rich?
March 12, 2020 04:00 - 21 minutesThe phrase “Equal Justice Under Law” is engraved on the front of the Supreme Court, but a new book by journalist and lawyer Adam Cohen argues that the court’s decisions over the last 50 years have disfavored the poor. Cohen joins this week’s Term to discuss the court’s changing composition, key Supreme Court cases that have impacted the poor and the issue of economic diversity on the bench. Also this week, a new juvenile life sentence case taken up by the justices, and a decision to let the T...
S1, E20: Roberts Rebuke Overshadows CFPB, Abortion Args
March 05, 2020 05:00 - 17 minutesThe U.S. Supreme Court saw a headline-grabbing week with arguments in two heavily watched cases, and the drama only escalated after a senator’s remarks on an abortion case earned a sharp public rebuke from the chief justice. We dive into that dust up on this week’s show, plus hit the highlights from the week including oral arguments in the Consumer Financial Protection Bureau case with Law360 Senior Banking Reporter Jon Hill, and the high court’s decision to again weigh in on whether the Affo...
S1, E19: A Key Test For Abortion Rights
February 27, 2020 05:00 - 16 minutesThe U.S. Supreme Court, which was busy putting out a number of opinions and adding to its docket this week, is set to hear a blockbuster abortion rights case in the coming days. On this week’s Term episode, we break down what to watch in that case.
S1, E18: Billions At Stake In Pipeline, Terrorism Cases
February 20, 2020 05:00 - 18 minutesThe U.S. Supreme Court will be back in session next week, so on this week’s Term we preview key arguments scheduled for the returning justices, including a dispute over a national trail that is threatening a $7 billion gas pipeline project and whether a $4.2 billion judgment in a terrorism case can stand.
S1, E17: Whitehouse Says ‘Dark Money’ Is Swaying The High Court
February 13, 2020 05:00 - 18 minutesThis week we’re joined by Sen. Sheldon Whitehouse who explains why he believes a high-stakes case over the Consumer Financial Protection Bureau is an example of “dark money” influencing outcomes at the U.S. Supreme Court. The senator also discusses reaction to his amicus brief in a high-profile gun case and his thoughts on Chief Justice John Roberts' role in the Senate impeachment trial.
S1, E16: Kagan’s Twitter & Roberts’ ‘Golden Gavel’
February 07, 2020 05:00 - 20 minutesThe U.S. Supreme Court may be in recess, but the justices are still busy making speeches, attending events, and presiding over some pretty important business in the Senate. This week we recap the justices’ public remarks, including their thoughts on controversial new ethics guidance, Justice Elena Kagan’s secret Twitter account, and why the “golden gavel” Chief Justice John Roberts’ earned may pale in comparison to the pricey watch he wore during the impeachment hearings.
S1, E15: Gorsuch Hates Nationwide Injunctions
January 30, 2020 05:00 - 17 minutesJustice Neil Gorsuch sure doesn’t like nationwide injunctions, a fact he made abundantly clear this week in a high-profile immigration case. We discuss Gorsuch’s attack on the slew of nationwide injunctions that lower courts have been issuing against the Trump administration. We also talk about what the justices are doing with their winter break and give an update on some cases to watch on the high court’s “shadow docket.”
S1, E14: The Larger Battle In A Montana Tax Case
January 23, 2020 05:00 - 15 minutesWhat started out as a relatively low-key tax case has taken on new importance as the latest battleground over the separation of church and state. We’re joined by Law360 tax correspondent Maria Koklanaris to untangle the oral arguments. This week we’ll also discuss Justice Roberts late night admonition and use of an arcane insult at President Trump’s impeachment trial; and we discuss the status of two key Affordable Care Act cases.
S1, E13: With Trump Trial Looming, Roberts' Mind On Memes
January 16, 2020 05:00 - 16 minutesPolitical scandals, an internet meme and impeachment dominated the news coming out of the Supreme Court this week. We break down what to expect from Chief Justice John Roberts in his role presiding over President Trump’s impeachment trial; where the justices stand after oral arguments over the New Jersey Bridgegate scandal; and what caused Roberts to refer to the “OK, Boomer” meme in court.
S1, E12: Abortion, Bridgegate And The ACA
January 09, 2020 05:00 - 14 minutesThe new year has kicked off with some blockbuster issues facing the U.S. Supreme Court. We dive in to new filings in a case involving abortion law protections, upcoming arguments related to New Jersey’s Bridgegate scandal, and a petition to strike down the Affordable Care Act.
S1, E11: SPECIAL - Berkeley Law Dean On Conservative Takeover
December 19, 2019 05:00 - 14 minutesIt’s the end of the year but for our last episode of 2019, we wanted to look ahead to how the Supreme Court’s newly bolstered conservative majority will flex its muscle the rest of this term and those to come. We’re joined by special guest UC Berkeley School of Law Dean Erwin Chemerinsky, who breaks down the new dynamics on the high court. We’ll also touch briefly on a few notable grants of certiorari that happened this week, including whether Manhattan prosecutors and House Democrats can acc...
S1, E10: The Government May Owe ACA Insurers Billions
December 12, 2019 05:00 - 12 minutesThe High Court is weighing in on the Affordable Care Act again, this time in a $12 billion fight between the government and health insurers. We break down the oral arguments in the trio of consolidated cases. This week we also discuss a ruling on some unusual intellectual property fees; an addition to the court’s docket over whether states can have laws that prevent the makeup of their courts from becoming overly partisan; and the latest on a battle over Trump’s financial documents.
S1, E9: Is This 2nd Amendment Case A Dud?
December 05, 2019 05:00 - 13 minutesThe Supreme Court heard oral arguments this week in the first Second Amendment gun case in a decade, but will it prove to be a dud? We discuss that possibility this week, as well as the Trump administration seeking another emergency ruling and Justice Kavanaugh’s interest in reviving the long-dormant nondelegation doctrine to curtail executive agency power.
S1, E8: Kagan Knocks New Argument Format
November 21, 2019 05:00 - 14 minutesThe Supreme Court heard no arguments this week, but that doesn’t mean things were dull for high court watchers. We’ll share some of Justice Elena Kagan’s thoughts about the court’s new two-minute oral argument policy (spoiler: she doesn’t love it) and touch down on Justice Brett Kavanaugh’s first major public speech since his bruising confirmation battle last year. Plus, we’ll discuss the court agreeing to hear the Google-Oracle smartphone war; Trump’s pressing request to block a House commit...
S1, E7: Can DACA Survive The High Court?
November 14, 2019 05:00 - 16 minutesOn Tuesday the Supreme Court heard blockbuster arguments over the fate of the Deferred Action for Childhood Arrivals program. Senior immigration reporter Suzanne Monyak joins the show to share insights into the potential impact of the case, and Jimmy Hoover gives us a report on the atmosphere at First Street that day and how the justices seemed to be leaning. Plus, we discuss the court avoiding gun maker Remington’s bid to stop a lawsuit by the families of Sandy Hook victims and Justice Ruth ...