Supreme Court Decision Syllabus (SCOTUS Podcast) artwork

Supreme Court Decision Syllabus (SCOTUS Podcast)

452 episodes - English - Latest episode: about 5 hours ago - ★★★★ - 38 ratings

The Supreme Court decision syllabus, read without personal commentary. See: Wheaton and Donaldson v. Peters and Grigg, 33 U.S. 591 (1834) and United States v. Detroit Timber & Lumber Co., 200 U.S. 321, 337. Photo by: Davi Kelly. Founded by RJ Dieken. Now hosted by Jake Leahy. Frequent guest host Jeff Barnum. 

*Note this podcast is for informational and educational purposes only.

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Episodes

US v Haymond (5a 6a, right to jury)

June 28, 2019 09:00 - 8 minutes - 5.64 MB

Kisor v Wilkie (Auer deference)

June 27, 2019 22:00 - 12 minutes - 8.84 MB

Auer and seminole rock stand.

TN wine & spirits v Thomas (21st Amendment / DCC)

June 27, 2019 22:00 - 13 minutes - 9.03 MB

Under the 21st amendment and the dormant commerce clause, Tennessee’s two-year residency requirement for new alcohol sales licensing is unconstitutional. 

US v Davis (void for vagueness)

June 24, 2019 21:00 - 8 minutes - 6.1 MB

Holding ”crime of voilence” to be unconstitutionally vague.

Food mktg v Argus Leader (FOIA)

June 24, 2019 20:00 - 6 minutes - 4.75 MB

This info is confidential under part 4 of FOIA exceptions.

Dutra v Batterton (Admiralty, unseaworthyness)

June 24, 2019 20:00 - 6 minutes - 4.22 MB

Punitive damages are not available for unseaworthiness claims.

Iancu v Brunetti (FUCT TRADEMARK)

June 24, 2019 20:00 - 4 minutes - 3.23 MB

PTO can not refuse trademarks on grounds that they are ”immoral or scandalous”.

Flowers v Mississippi (Batson)

June 21, 2019 18:00 - 7 minutes - 5.52 MB

Knick v Township of Scott PA (takings)

June 21, 2019 17:00 - 9 minutes - 6.45 MB

Williamson co. Is overruled

Rehaif v US (knowingly)

June 21, 2019 17:00 - 5 minutes - 4.18 MB

”knowingly” in sec 924(a)(2) means ”knowingly”

Kaestner Trust v NC

June 21, 2019 17:00 - 6 minutes - 4.5 MB

NC Can not tax this trust in this instance, based on only state residence.

Gundy v US (delegation of power)

June 20, 2019 22:00 - 11 minutes - 7.71 MB

The sex offender registry’s registration of pre act offenders in not an issue of unconstitutional congressional delegation.

McDonagh v Smith (fabricated evidence)

June 20, 2019 21:00 - 7 minutes - 5.31 MB

When does the limitations period clock start ticking in re a claim of fabricated evidence.

Am Legion v Am Humanist Assoc. (establishment clause)

June 20, 2019 20:00 - 20 minutes - 13.8 MB

The Bladensburg cross may remain.

PDR v Carlton & Harris (unsolicited advertisement)

June 20, 2019 20:00 - 4 minutes - 3.35 MB

Remand for consideration of a few things. Support the show (https://paypal.me/SCOTUSsyllabus)

PDR v Carlton & Harris (unsolicited advertisement)

June 20, 2019 20:00 - 4 minutes - 3.35 MB

Remand for consideration of a few things.

Manhattan CAC v Halleck (1a)

June 17, 2019 21:00 - 6 minutes - 4.39 MB

The Manhattan community access corp, is not a government actor in regards to the 1st amendment right to free speech.

VA Uranium v Warren (NRC/AEA)

June 17, 2019 21:00 - 11 minutes - 7.69 MB

A Virginia ban on Uranium mining is upheld.

Gamble v US (sep sovereigns doctrine)

June 17, 2019 21:00 - 6 minutes - 4.56 MB

The separate sovereigns doctrine is not implicated by double jeopardy. 

Va House v Bethune-Hill (Standing)

June 17, 2019 20:00 - 7 minutes - 5.01 MB

The house is denied standing.

Quarles v US (Burglaries & the ACA)

June 12, 2019 21:00 - 5 minutes - 3.71 MB

Quarles’ burglary conviction counts under the Armed Career Criminal act.

Return Mail v US Postal Service (Patent and who is a person)

June 11, 2019 20:00 - 9 minutes - 4.36 MB

In this context, Agents of the sovereign (federal agencies) are not “persons” in this section of the AIA.

Parker Drilling v Newton

June 10, 2019 23:00 - 9 minutes - 4.32 MB

CA Law needs to fill a gap in federal law to be applicable on the outer continental shelf, under the OCSLA, it can not simply be “not inconsistent”.

Azar v Allina health (Medicare “fraction”)

June 04, 2019 07:00 - 7 minutes - 3.51 MB

In re notice and comment when changing substanitive rules. 

Taggart v Lorenzen (Bankruptcies and Civil Contempt)

June 04, 2019 07:00 - 4 minutes - 2.27 MB

Vacate and remand, contempt findings in this context require “no fair ground of doubt”.

Ft Bend, TX v Davis (EEOC)

June 04, 2019 06:00 - 5 minutes - 2.63 MB

About claim filing rules.

Mont v US (supervised release tolling)

June 03, 2019 19:00 - 7 minutes - 3.42 MB

Prisoner does not get credit for his pre trial custody in re his supervised release for another crime.

Smith v Berryhill (SSA Appeals)

May 31, 2019 04:00 - 8 minutes - 4.06 MB

Definition of “final decision”

Smith v Berryhill (SSA Appeals)

May 31, 2019 04:00 - 8 minutes - 4.06 MB

Definition of “final decision” Support the show

Home depot v Jackson (who can remove to federal court)

May 31, 2019 03:00 - 5 minutes - 2.43 MB

Third party counterclaim defendants can not remove to federal court.

Box v Planned Parenthood (Fetal Disposition law)

May 29, 2019 22:00 - 5 minutes - 2.68 MB

Explicitly stated not to be case about the right to an abortion, although i’m sure the news media will tell you so. Still have a bit of a sore throat, so apologies on some audible swallowing noises etc.

Nieves v Bartlett (Retaliatory arrest)

May 28, 2019 20:00 - 8 minutes - 4.08 MB

Retaliatory arrest claim defeated by probable cause to arrest.  Support the show

Nieves v Bartlett (Retaliatory arrest)

May 28, 2019 20:00 - 8 minutes - 4.08 MB

Retaliatory arrest claim defeated by probable cause to arrest. 

Merck & Dohme v Albrecht (Duty to warn/impossibly doctrine)

May 21, 2019 20:00 - 7 minutes - 3.66 MB

A clarification on what is considered clear evidence that a drug company could not fulfill it’s duty to warn in light of FDA refusals to allow label changes.

Herrera v WY (Treaty hunting rights)

May 20, 2019 20:00 - 8 minutes - 3.82 MB

Bighorn national forest is not “occupied lands” in the context of an 1865 treaty.  Said treaty did not expire upon Wyoming's statehood.  Support the show (https://paypal.me/SCOTUSsyllabus)

Herrera v WY (Treaty hunting rights)

May 20, 2019 20:00 - 8 minutes - 3.82 MB

Bighorn national forest is not “occupied lands” in the context of an 1865 treaty.  Said treaty did not expire upon Wyoming's statehood. 

Mission v Tempnology (contracts in bankruptcy)

May 20, 2019 20:00 - 6 minutes - 2.93 MB

Breach of a contract under the bankruptcy code still constitutes breach of a contract in this instance.

Cochise v US ex. Rel. Hunt (Relator statute of limitations)

May 14, 2019 20:00 - 7 minutes - 3.41 MB

Regarding relators filing qui tam and when is too late.

Tax Board of CA v Hyatt

May 13, 2019 20:00 - 7 minutes - 3.7 MB

Nevada v Hall is overruled.

Apple v Pepper (Anti Trust/Monopoly)

May 13, 2019 20:00 - 6 minutes - 3.07 MB

Consumers may sue apple for allegedly monopolizing app sales.

Thacker v TVA (TVA Specific)

April 29, 2019 20:00 - 5 minutes - 2.54 MB

The Tennessee Valley Authority is not completely immune from suit, but there may be other exceptions.

Lamps plus v Varela (forced class arbitration)

April 24, 2019 20:00 - 6 minutes - 3.26 MB

Courts may not use ambiguous wording about consent to class arbitration to force class arbitration even over the idea of contra proferentem.

Bestek v Berryhill (unsupported expert testimony)

April 01, 2019 06:00 - 5 minutes - 2.52 MB

Fyi Scintilla means - a tiny trace or spark of a specified quality or feeling. Court declines to create a categorical rule making expert testimony given without REQUESTED supporting documentation invalid in ALJ hearings.

Bucklew v Precythe (Death Penalty)

April 01, 2019 06:00 - 8 minutes - 3.76 MB

Bucklew (prisoner) looses this challenge.

Lorenzo v SEC (securities fraud)

March 27, 2019 06:00 - 8 minutes - 3.89 MB

Lorenzo can be charged under 10b-5 (a) and (c) even if he does not meet the qualifications to be charged under subsection (b) - as understood through the lens of Janus v SEC.

Sudan v Harrison

March 26, 2019 06:00 - 7 minutes - 3.4 MB

Service to a foreign state’s minister of foreign affairs, under FISA can not be to the embassy in the US.

Sturgeon v Frost (Alaska Hovercraft)

March 26, 2019 06:00 - 10 minutes - 4.98 MB

The alaska hovercraft case (again). ANILCA doesn’t give the park service authority over navigible waters.

Obduskey v. McCarthy & Holthus (Debt collector v Security interest enforcer)

March 21, 2019 06:00 - 6 minutes - 3.28 MB

For purposes of the fair debt collection practices act, enforcers of security interests are NOT debt collectors.

Frank v Gaos (cy pres issue avoided)

March 21, 2019 06:00 - 13 minutes - 6.38 MB

Basically a remand to determine standing.

Air and liquid systems v DeVries (integrated parts, and liability)

March 21, 2019 06:00 - 7 minutes - 3.38 MB

In this specific maritime context, manufacturers have a duty to warn when they know a dangerous part will, or must be incorporated into their product, and have reason to believe that users will be unaware of the danger.  (Here asbestos).