SCOTUStalk
97 episodes - English - Latest episode: 11 months ago - ★★★★ - 124 ratingsSCOTUStalk 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 and edited by Ellena Erskine.
Hosted on Acast. See acast.com/privacy for more information.
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Episodes
The shadow docket with Steve Vladeck
May 17, 2023 21:59 - 36 minutes - 49.7 MBSince 2017, the Supreme Court has significantly increased its use of the process by which the justices hear and resolves emergency appeals, sometimes known as the shadow docket. These decisions are made without oral argument and often come in short unsigned orders. Stephen Vladeck, the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law, has closely tracked that change and its impact on the court as an institution in recent years. Vladeck joins Amy to discuss...
Section 230 and the internet
February 28, 2023 22:14 - 23 minutes - 32.1 MBIn the first week of the February session, the justices heard oral arguments in two cases about the scoop of liability tech companies may face for user content. Amy is joined by Megan Iorio of the Electronic Privacy Information Center to break down those arguments in Gonzalez v. Google and Twitter v. Taamneh. EPIC filed an amicus brief in Gonzalez in support of neither party. Send us a question about the court at [email protected] or leave us a voicemail at (202) 596-2906. Please t...
SCOTUS Spotlight: Daniel Geyser
February 13, 2023 10:45 - 29 minutes - 40.8 MBIn another edition of our series of interviews with Supreme Court advocates, Amy sits down with Daniel Geyser, head of the Supreme Court practice at Haynes Boone. Geyser has argued 15 cases before the court, including two this term. He shares his thoughts on how to take advantage of the new argument structure and his advice for first time advocates. Send us a question about the court at [email protected] or leave us a voicemail at (202) 596-2906. Please tell us your first name and w...
What’s going on with Munsingwear?
January 30, 2023 10:52 - 29 minutes - 41.3 MBIn an essay published in The New York Times this fall, two law professors, Lisa Tucker and Stefanie Lindquist, argued that the Supreme Court is increasingly setting aside significant decisions from the lower courts as if they never happened. The court is invalidating these decisions in brief procedural orders under what’s known as “Munsingwear vacatur.” Amy sits down with Tucker and Lindquist to hear more about the trend. Send us a question about the court at [email protected] or le...
Three decades covering the Supreme Court
January 17, 2023 18:31 - 31 minutes - 43.6 MBAfter more than three decades covering the Supreme Court, Marcia Coyle has announced her retirement from the National Law Journal. Amy sits down with Coyle to discuss her career, her book, and how covering the court has changed over the years. Send us a question about the court at [email protected] or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from. (Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/pr...
Looking back at the term so far
December 19, 2022 17:34 - 28 minutes - 39 MBThe end of the calendar year means we’re about a third of the way through the SCOTUS year. Amy sits down with SCOTUSblog editor James Romoser to discuss the first three months of the 2022 term. Send us a question about the court at [email protected] or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from. (Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.
The 800-pound gorilla
December 05, 2022 14:32 - 23 minutes - 32.2 MBUCLA election law professor Richard Hasen joins Amy to explain Moore v. Harper, the case in which North Carolina legislators ask the justices to consider a theory that would give state legislatures near complete power to regulate federal elections without interference from state courts. Hasen breaks down the theory, known as the independent state legislature theory, and points to important briefs and potential outcomes to keep an eye out for. Moore v. Harper will be argued Wednesday, Dec. 7....
Can a web designer refuse to design websites for same-sex weddings?
November 21, 2022 10:27 - 14 minutes - 20.1 MBOn Dec. 5 the justices will hear oral argument in 303 Creative v. Elenis, a clash between free speech rights and LGBTQ rights. Bloomberg News Supreme Court reporter Greg Stohr joins Amy to explain the case and what to expect at oral argument. Send us a question about the court at [email protected] or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from. (Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/pri...
The Supreme Court overturns Roe v. Wade
November 08, 2022 19:31 - 9 minutes - 13.7 MBOn Friday, June 24, the court ruled in Dobbs v. Jackson Women’s Health Organization that the Constitution does not confer a right to abortion. Amy talks with abortion law scholar Mary Ziegler, professor of law at University of California, Davis, about the decision and what it means for those seeking abortion care across the country. Send us a question about the court at [email protected] or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re call...
SCOTUS Spotlight: Michael Dreeben on helping the justices have a conversation
November 07, 2022 22:56 - 26 minutes - 35.9 MBMichael Dreeben, who has argued 107 cases at the Supreme Court, joins us for another episode in our SCOTUS Spotlight series. Dreeben looks back on notable moments from his career as an advocate, including his very first argument -- in which he faced off against another first-timer by the name of John Roberts. Send us a question about the court at [email protected] or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from. (Music by Keys...
Affirmative action comes to the Supreme Court
October 24, 2022 13:35 - 37 minutes - 52.1 MBOn Oct. 31, the Supreme Court will hear oral arguments in two cases challenging the race-conscious admissions programs of Harvard College and the University of North Carolina. Amy talks to lawyers on both sides of the dispute. David Hinojosa is the director of the Educational Opportunities Project at the Lawyers’ Committee for Civil Rights Under Law. He will argue on behalf of five former UNC students of color in defense of the school’s admissions program. Cory Liu is a partner at Ashcroft S...
The first week
October 10, 2022 09:27 - 28 minutes - 39.3 MBThe Supreme Court is back. After a packed first week of the 2022-23 term, Amy sits down with SCOTUSblog’s James Romoser and Katie Barlow to discuss the oral arguments, new dynamics on the bench, and a significant grant from the long conference. Send us a question about the court at [email protected] or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from. (Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/p...
The October term 2022 preview
September 26, 2022 09:45 - 37 minutes - 51.4 MBAnother Supreme Court term will begin on Monday, October 3, with major cases on affirmative action, voting rights, and free speech. To talk through the cases already scheduled this year, Amy is joined by experienced Supreme Court attorneys Morgan Ratner, special counsel at Sullivan & Cromwell, and Jaime Santos, partner at Goodwin Procter. Send us a question about the court at [email protected] or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’r...
What it’s like to be a new justice
September 12, 2022 09:45 - 16 minutes - 22.1 MBJustice Ketanji Brown Jackson will take the bench next month as the court’s newest member. Amy is joined by Marin Levy, a professor at Duke Law School, to talk about what it’s like to join the court. Levy runs a popular Twitter account where she chronicles the history of the federal judiciary. You can find her at @marinklevy. Send us a question about the court at [email protected] or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from...
SCOTUS Spotlight: Kannon Shanmugam on dealing with hostile questions
August 29, 2022 18:48 - 28 minutes - 26.3 MBIn our latest SCOTUS Spotlight episode, Amy sits down with Kannon Shanmugam, a partner at Paul Weiss and a former assistant to the solicitor general. He has argued 35 cases before the court. Hosted on Acast. See acast.com/privacy for more information.
SCOTUS Spotlight: An interview with Roman Martinez
August 15, 2022 09:45 - 33 minutes - 46.7 MBWith the Supreme Court on summer recess, we are bringing back SCOTUS Spotlight, our series of interviews with lawyers who argue regularly before the court. Amy sits down with Roman Martinez, a partner at Latham & Watkins who has argued 11 cases at the court, both on behalf of the government and in private practice. Send us a question about the court at [email protected] or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from. (Music b...
Courtartist Art Lien on his work and retirement
July 18, 2022 18:38 - 14 minutes - 13.5 MBArt Lien, best known for his watercolor sketches of the Supreme Court (and for his colorful banners on SCOTUSblog), retired with the close of the 2021-22 term. Amy sits down with Art to discuss his life and retirement, and to get a glimpse of what it was like to capture history where cameras cannot go. Send us a question about the court at [email protected] or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from. (Music by Keys of Moo...
Climate change at the Supreme Court
July 01, 2022 22:05 - 21 minutes - 29.1 MBIn the last opinion of the term, the Supreme Court ruled 6-3 in favor of a group of Republican-led states and coal companies to limit the Environmental Protection Agency’s ability to regulate carbon emissions system-wide. Amy sits down with investigative journalist and host of Drilled, Amy Westervelt, to discuss that case, West Virginia v. EPA, and what it means for the future of climate regulation. Send us a question about the court at [email protected] or leave us a voicemail at ...
An important week for immigration law
June 20, 2022 09:45 - 17 minutes - 24.5 MBDuring the week of June 13, the Supreme Court decided two immigration cases (involving bond hearings for noncitizens in immigration detention) and declined to decide a third (involving the Trump-era “public charge” policy for green card applicants). Shalini Bhargava Ray, who teaches immigration law and administrative law at the University of Alabama, joins Amy to break down these cases. Send us a question about the court at [email protected] or leave us a voicemail at (202) 596-2906...
The woman who argued Planned Parenthood v. Casey
June 06, 2022 09:45 - 25 minutes - 34.6 MBIn Planned Parenthood v. Casey’s dramatic joint opinion, the Supreme Court upheld the right to access an abortion 30 years ago this month. Amy talks with Kathryn Kolbert, who argued the case for Planned Parenthood. Kolbert explains what the 1992 argument was like from the inside and how she views Dobbs v. Jackson Women’s Health Organization. An attorney, journalist, and non-profit executive, Kolbert argued two reproductive rights cases before the Supreme Court and served as the first vice p...
Entering the homestretch
May 23, 2022 09:45 - 31 minutes - 42.9 MBOver the next six weeks the Supreme Court is poised to issue 35 opinions, on topics ranging from gun rights to religion and the EPA’s power to regulate greenhouse gases. Amy is joined by Steven Mazie of The Economist and SCOTUSblog’s James Romoser for a refresher on what’s at stake in those cases. Send us a question about the court at [email protected] or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from. (Music by Keys of Moon Mu...
The Dobbs draft
May 09, 2022 20:42 - 43 minutes - 59.2 MBAmy sits down with SCOTUSblog’s media editor, Katie Barlow, to discuss the leaked draft in Dobbs v. Jackson Women’s Health Organization and the repercussions such an opinion would have on reproductive rights. Plus Amy explains the court’s request for additional briefing in Biden v. Texas, answers listener questions, and gives a look ahead at the coming weeks. Send us a question about the court at [email protected] or leave us a voicemail at (202) 596-2906. Please tell us your first ...
Prayer at the 50-yard line
April 25, 2022 09:00 - 41 minutes - 56.5 MBOn Monday, April 25, the court hears oral argument in Kennedy v. Bremerton School District, a case concerning a public school coach’s right to pray on the football field. In a two-part episode, Amy talks with Rachel Laser and Kelly Shackelford, representatives from the legal teams on each side. Rachel Laser, President of Americans United for Separation of Church and State representing the school district — 00:52 Kelly Shackelford, President and CEO of First Liberty Institute representing ...
The “reasonable observer” of prayer in school
April 18, 2022 21:10 - 23 minutes - 32.2 MBAmy talks to Professor Nicole Stelle Garnett and supervising attorney John Meiser of the Religious Liberty Clinic at Notre Dame Law School about the amicus brief the clinic filed in Kennedy v. Bremerton School District. The brief calls on the court to address and throw out the “endorsement test." That test has been used to determine whether public religious expression is private or government speech. The court will hear argument in the case on April 25. Send us a question about the court at...
The Jackson hearings: A week in review
March 25, 2022 20:26 - 31 minutes - 43.4 MBAmy sits down with SCOTUSblog’s James Romoser and Katie Barlow to discuss all four days of Judge Ketanji Brown Jackson’s Senate Judiciary Committee hearings. Later in the episode: Justice Clarence Thomas in the hospital, Ginni Thomas’ texts, and major orders and opinions from the court. If you have a question about the hearings or upcoming cases at the Supreme Court, please email us at [email protected] or leave us a voicemail at (202) 596-2906. Please tell us your first name and w...
The Jackson hearings: Key moments from Day 3
March 24, 2022 06:52 - 16 minutes - 22.8 MBAt times moved to tears, Judge Ketanji Brown Jackson weathered another full day of questioning from the Senate Judiciary Committee on Wednesday. Here’s our recap of the major moments from day three of the hearings. If you have a question about the hearings that you’d like us to answer on SCOTUStalk, please email us at [email protected] or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from. (Senate Judiciary Committee audio via C-SP...
The Jackson hearings: Key moments from Day 2
March 23, 2022 05:07 - 15 minutes - 21.2 MBFor 12 hours on Tuesday, Judge Ketanji Brown Jackson answered questions from the Senate Judiciary Committee. Here's a 15-minute recap of some of the most significant questions and answers. Plus, Amy answers two listener questions. If you have a question about the hearings that you’d like us to answer on SCOTUStalk, please email us at [email protected] or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from. (Senate Judiciary Commit...
The Jackson hearings: Key moments from Day 1
March 22, 2022 04:34 - 20 minutes - 27.9 MBOn Monday, hearings began in the Senate Judiciary Committee for the nomination of Judge Ketanji Brown Jackson to the Supreme Court. Here’s a recap of some of the most revealing remarks from senators on both sides of the aisle and from Jackson herself. If you have a question about the hearings that you’d like us to answer on SCOTUStalk, please email us at [email protected] or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from. (Se...
The historic nomination of Judge Ketanji Brown Jackson
March 07, 2022 22:27 - 30 minutes - 42 MBDean Danielle Holley-Walker of Howard University Law School and SCOTUSblog’s Katie Barlow join Amy Howe to discuss the nomination of the first Black woman to the Supreme Court, what to expect out of the Senate in the coming weeks, and last week’s opinions. Discussed in this episode: Cameron v. EMW Women’s Surgical Center, P.S.C — 00:42 United States v. Zubaydah — 04:07 United States v. Tsarnaev — 08:54 Listener questions — 10:28 The nomination of Judge Ketanji Brown Jackson — 1...
Midterm Review
February 22, 2022 18:26 - 23 minutes - 32.3 MBAmy Howe is joined by David Savage, longtime Supreme Court reporter for the Los Angeles Times, to discuss the term so far and how it compares to previous blockbuster years. SCOTUStalk is launching a new Q&A feature. Send us your questions about the justices, how the Supreme Court works, or a case that’s pending before the court. We may answer your question on future episodes. You can email your questions to [email protected] or leave a voicemail at (202) 596-2906. Please tell us you...
Alabama’s redistricting on the shadow docket
February 11, 2022 21:34 - 20 minutes - 18.6 MBAmy Howe is joined by Professor Ciara Torres-Spelliscy, of Stetson Law, to discuss the court’s decision earlier this week to reinstate Alabama’s voting map, which a lower court ruled dilutes Black votes. SCOTUStalk is launching a new Q&A feature. Send us your questions about the justices, how the Supreme Court works, or a case that’s pending before the court. We may answer your question on future episodes. You can email your questions to [email protected] or leave a voicemail at (2...
Chris Geidner and Kimberly Robinson on Stephen Breyer's legacy
February 07, 2022 19:12 - 32 minutes - 44.4 MBTwo veteran legal journalists -- Chris Geidner of Grid and Kimberly Robinson of Bloomberg Law -- join fellow veteran legal journalist Amy Howe to discuss Justice Stephen Breyer's most important opinions and who might replace him on the bench. SCOTUStalk is launching a new Q&A feature. Send us your questions about the justices, how the Supreme Court works, or a case that’s pending before the court. We may answer your question on future episodes. You can email your questions to scotustalk@sco...
The retirement of Stephen Breyer
January 28, 2022 14:18 - 15 minutes - 21.5 MBTom Goldstein joins Amy Howe to discuss Breyer’s retirement, the most likely candidates to succeed him, and the upcoming White House vetting process. SCOTUStalk is launching a new Q&A feature. Send us your questions about the justices, how the Supreme Court works, or a case that’s pending before the court. We may answer your question on future episodes. You can email your questions to [email protected] or leave a voicemail at (202) 596-2906. Please tell us your first name and where ...
Squabbles over masks and shadow-docket tasks
January 24, 2022 18:59 - 30 minutes - 41.4 MBAmy Howe and Katie Barlow review a busy Supreme Court week, including a new cert grant in a religious-freedom case, the latest action on the shadow docket, and “maskgate.” SCOTUStalk is launching a new Q&A feature. Send us your questions about the justices, how the Supreme Court works, or a case that’s pending before the court. We may answer your question on future episodes. You can email your questions to [email protected] or leave a voicemail at (202) 596-2906. Please tell us your...
Breaking down the vaccine arguments
January 10, 2022 15:32 - 24 minutes - 34.4 MBSean Marotta, a partner at Hogan Lovells and an expert on the legal challenges to Biden vaccine policies, joins us to dissect Friday’s remarkable oral arguments. If you have questions about the court, the justices, or an upcoming case, please email us at [email protected]. We may answer your question on a future episode of SCOTUStalk. (Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.
Term limits, transparency, and other proposed Supreme Court fixes
December 27, 2021 22:11 - 28 minutes - 39.5 MBGabe Roth, the executive director of Fix the Court, discusses the Biden court commission's final report and why he believes term limits are the superior court reform. If you have questions about the court, the justices, or an upcoming case, please email us at [email protected]. We may answer your question on a future episode of SCOTUStalk. (Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.
The Texas abortion decision and the Mississippi abortion argument
December 13, 2021 22:41 - 20 minutes - 18.8 MBMary Ziegler, a professor at Florida State University and the foremost expert on abortion law, analyzes the ruling in Whole Woman's Health v. Jackson and the argument in Dobbs v. Jackson Women's Health Organization. Hosted on Acast. See acast.com/privacy for more information.
Roe, Dobbs, and the current state of abortion access
November 29, 2021 18:29 - 15 minutes - 20.8 MBIn advance of Wednesday's oral argument in the momentous abortion case, Shefali Luthra, a gender and health care reporter for The 19th, joins SCOTUStalk to describe what abortion access in Mississippi looks like on the ground and how the court's ruling might play out. Hosted on Acast. See acast.com/privacy for more information.
Two weeks of action-packed arguments
November 16, 2021 16:29 - 34 minutes - 31.5 MBOver the first two weeks of November, the court heard cases on abortion in Texas, gun rights in New York, religious rights of death-row inmates, and more. Katie Barlow joins Amy Howe to break it all down. Hosted on Acast. See acast.com/privacy for more information.
Abortion, guns, and the rocket docket
November 01, 2021 13:12 - 29 minutes - 41 MBIn advance of a momentous November argument session, SCOTUSblog Editor James Romoser joins Amy Howe to dissect the two challenges to Texas’ six-week abortion ban and the challenge to New York’s restriction on carrying guns in public. Hosted on Acast. See acast.com/privacy for more information.
A top 10 list for the justices’ return to the courtroom
October 18, 2021 21:23 - 39 minutes - 36.7 MBAt the conclusion of the October argument sitting, longtime SCOTUSblog contributor Mark Walsh joins Amy Howe to select 10 big themes from the court’s first in-person arguments since the start of the pandemic. Hosted on Acast. See acast.com/privacy for more information.
First Monday in October
October 04, 2021 20:56 - 26 minutes - 24.4 MBAs the court begins its 2021-22 term and the justices return to the courtroom for the first in-person arguments in a year and a half, Katie Barlow rejoins Amy Howe to talk October arguments, new cert grants, and the justices’ gripes about the media. Hosted on Acast. See acast.com/privacy for more information.
A short guide to the long conference
September 20, 2021 21:33 - 24 minutes - 22.8 MBAmy Howe is joined by SCOTUSblog’s media editor, Katie Barlow, to preview the court’s upcoming “long conference,” where the justices will sort through hundreds of cert petitions that have been filed over the summer. The pair also dig into the justices’ recent spate of speeches criticizing the press. Hosted on Acast. See acast.com/privacy for more information.
The Texas abortion law and other shadow-docket controversies
September 08, 2021 13:51 - 26 minutes - 17.9 MBOver a two-week period, the Supreme Court issued three momentous rulings on its shadow docket: one on abortion, another on evictions, and a third on asylum policy. SCOTUSblog’s publisher and co-founder, Tom Goldstein, joins the podcast to break down all three. Hosted on Acast. See acast.com/privacy for more information.
Joan Biskupic on interviewing Breyer and other SCOTUS scoops
August 23, 2021 20:51 - 27 minutes - 25.3 MBCNN legal analyst Joan Biskupic is known for getting exclusive stories – the most recent of which was her interview last month with Justice Stephen Breyer. She joins SCOTUStalk to discuss Breyer’s retirement calculations, what she’s watching in the upcoming term, and how she approaches Supreme Court analysis. Hosted on Acast. See acast.com/privacy for more information.
SCOTUS spotlight: Jeffrey Fisher on arguing during the pandemic
August 09, 2021 17:53 - 35 minutes - 32.3 MBJeffrey Fisher, the co-director of Stanford Law’s Supreme Court Litigation Clinic, has more than 40 Supreme Court arguments under his belt. He joins SCOTUStalk to discuss his non-traditional path to becoming a top oral advocate, and he breaks down key moments from two of his arguments during the 2020-21 term, when all arguments were over the telephone. This interview is part of SCOTUStalk’s occasional “SCOTUS spotlight” series, which features in-depth interviews with Supreme Court litigators ...
How do you solve a problem like the shadow docket?
July 19, 2021 21:29 - 25 minutes - 23.4 MBSCOTUSblog has shone a light on the shadow docket, but as its breadth and import evolves, so must those who cover it. Professor Steve Vladeck, who has written on the topic extensively and recently testified before the House Judiciary Committee, joins SCOTUStalk to discuss the shadow docket’s significance and how to better capture all of the court’s work. Hosted on Acast. See acast.com/privacy for more information.
Tom Goldstein reviews a transitional Supreme Court term
July 07, 2021 17:12 - 18 minutes - 16.8 MBSCOTUSblog founders Amy Howe and Tom Goldstein look back on the 2020-21 term. The pair examine how Justice Amy Coney Barrett is settling in and review some of the term’s most noteworthy decisions, particularly on the First Amendment. Plus, a few predictions for next term, including on Justice Stephen Breyer’s possible retirement. Hosted on Acast. See acast.com/privacy for more information.
From 9th grade study hall to the Supreme Court
June 22, 2021 21:51 - 21 minutes - 19.8 MBAnna Salvatore started High School SCOTUS as a way to explain the Supreme Court’s work to high schoolers. After early success, the site has blossomed into a nationwide publication pulling in high school journalists from across the country – students like freshman Elise Spenner. Salvatore and Spenner join SCOTUStalk to discuss their work, what’s next for High School SCOTUS, and their thoughts on this term’s student speech case, Mahanoy Area School District v. B.L. Hosted on Acast. See acast....
Stacey Abrams on While Justice Sleeps
June 07, 2021 12:36 - 17 minutes - 15.7 MBVoting-rights activist and Georgia politician Stacey Abrams joins SCOTUStalk to discuss her new novel, While Justice Sleeps, a thriller about the Supreme Court. We talk with Abrams about her writing process, being told “no” multiple times for what is now a New York Times bestseller, and what it’s like to be one of the few women writing fiction set at the high court. Abrams also hints at what’s next for her main character -- and for her own life. Hosted on Acast. See acast.com/privacy for mo...