Supreme Court of the United States
307 episodes - English - Latest episode: 14 days ago - ★★★★★ - 2 ratingsSupreme Court Season episodes will include all arguments that occur from October 01st to June/July.
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Episodes
Thornell v. Jones, No. 22-982 [Arg: 4.17.2024]
April 17, 2024 19:14 - 1 hour - 29.6 MBQUESTION PRESENTED: Whether the U.S. Court of Appeals for the 9th Circuit violated this court’s precedents by employing a flawed methodology for assessing prejudice under Strickland v. Washington when it disregarded the district court’s factual and credibility findings and excluded evidence in aggravation and the state’s rebuttal when it reversed the district court and granted habeas relief. ★ Support this podcast on Patreon ★
Fischer v. U.S., No. 23-5572 [Arg: 4.16.2024]
April 17, 2024 19:10 - 1 hour - 46.1 MBQUESTION PRESENTED: Whether the U.S. Court of Appeals for the District of Columbia Circuit erred in construing 18 U.S.C. § 1512(c), which prohibits obstruction of congressional inquiries and investigations, to include acts unrelated to investigations and evidence. ★ Support this podcast on Patreon ★
Chiaverini v. City of Napoleon, Ohio, No. 23-50 [Arg: 4.15.2024]
April 17, 2024 19:10 - 58 minutes - 26.8 MBQUESTION PRESENTED: Whether Fourth Amendment malicious-prosecution claims are governed by the charge-specific rule, under which a malicious prosecution claim can proceed as to a baseless criminal charge even if other charges brought alongside the baseless charge are supported by probable cause, or by the “any-crime” rule, under which probable cause for even one charge defeats a plaintiff’s malicious-prosecution claims as to every other charge, including those lacking probable cause...
Snyder v. U.S., No. 23-108 [Arg: 4.15.2024]
April 17, 2024 19:10 - 1 hour - 45.2 MBQUESTION PRESENTED: Whether section 18 U.S.C. § 666(a)(1)(B) criminalizes gratuities, i.e., payments in recognition of actions a state or local official has already taken or committed to take, without any quid pro quo agreement to take those actions. ★ Support this podcast on Patreon ★
Connelly v. Internal Revenue Service, No. 23-146 [Arg: 3.27.2024]
March 28, 2024 15:12 - 53 minutes - 24.6 MBQUESTION PRESENTED: Whether the proceeds of a life-insurance policy taken out by a closely held corporation on a shareholder in order to facilitate the redemption of the shareholder’s stock should be considered a corporate asset when calculating the value of the shareholder’s shares for purposes of the federal estate tax. ★ Support this podcast on Patreon ★
Erlinger v. U.S., No. 23-370 [Arg: 3.27.2024]
March 28, 2024 15:12 - 1 hour - 42.7 MBQUESTION PRESENTED: Whether the Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant’s prior convictions were “committed on occasions different from one another,” as is necessary to impose an enhanced sentence under the Armed Career Criminal Act. ★ Support this podcast on Patreon ★
Food and Drug Administration v. Alliance for Hippocratic Medicine, No. 23-235 [Arg: 3.26.2024]
March 27, 2024 13:11 - 1 hour - 42.6 MBQUESTION PRESENTED: Whether respondents have Article III standing to challenge the Food and Drug Administration’s 2016 and 2021 actions with respect to mifepristone’s approved conditions of use; whether the FDA’s 2016 and 2021 actions were arbitrary and capricious; and whether the district court properly granted preliminary relief. ★ Support this podcast on Patreon ★
Harrow v. Department of Defense, No. 23-21 [Arg: 3.25.2024]
March 25, 2024 19:16 - 50 minutes - 23.2 MBQUESTION PRESENTED: Whether the 60-day deadline in 5 U.S.C. § 7703(b)(1)(A) for a federal employee to petition the U.S. Court of Appeals for the Federal Circuit to review a final decision of the Merit Systems Protection Board is jurisdictional. ★ Support this podcast on Patreon ★
Becerra v. San Carlos Apache Tribe, No. 23-250 [Arg: 3.25.2024]
March 25, 2024 19:16 - 1 hour - 39.6 MBQUESTION PRESENTED: Whether the Indian Health Service must pay “contract support costs” not only to support IHS-funded activities, but also to support the tribe’s expenditure of income collected from third parties. ★ Support this podcast on Patreon ★
Texas v. New Mexico and Colorado, No. 22O141 [Arg: 3.20.2024]
March 24, 2024 16:24 - 1 hour - 31.5 MBQUESTION PRESENTED: Whether the court should deny the motion by Texas, New Mexico, and Colorado for entry of a proposed consent decree that would resolve this dispute over the United States' claim as intervenors that New Mexico violated the Rio Grande Compact without the United States’ consent. ★ Support this podcast on Patreon ★
Gonzalez v. Trevino, No. 22-1025 [Arg: 3.20.2024]
March 24, 2024 16:23 - 1 hour - 39.3 MBQUESTION PRESENTED: (1) Whether the probable-cause exception in Nieves v. Barlett can be satisfied by objective evidence other than specific examples of arrests that never happened; and (2) whether Nieves is limited to individual claims against arresting officers for split-second arrests. ★ Support this podcast on Patreon ★
Truck Insurance Exchange v. Kaiser Gypsum Company, No. 22-1079 [Arg: 3.19.2024]
March 24, 2024 16:23 - 1 hour - 33.1 MBQUESTION PRESENTED: Whether an insurer with financial responsibility for a bankruptcy claim is a “party in interest” that may object to a plan of reorganization under Chapter 11 of the Bankruptcy Code. ★ Support this podcast on Patreon ★
Diaz v. U.S., No. 23-14 [Arg: 3.19.2024]
March 24, 2024 16:23 - 1 hour - 38.9 MBQUESTION PRESENTED: Whether in a prosecution for drug trafficking — where an element of the offense is that the defendant knew she was carrying illegal drugs — Federal Rule of Evidence 704(b) permits a governmental expert witness to testify that most couriers know they are carrying drugs and that drug-trafficking organizations do not entrust large quantities of drugs to unknowing transporters. ★ Support this podcast on Patreon ★
National Rifle Association of America v. Vullo, No. 22-842 [Arg: 3.18.2024]
March 24, 2024 16:23 - 1 hour - 34.1 MBQUESTION PRESENTED: Whether the First Amendment allows a government regulator to threaten regulated entities with adverse regulatory actions if they do business with a controversial speaker, as a consequence of (a) the government’s own hostility to the speaker’s viewpoint or (b) a perceived “general backlash” against the speaker’s advocacy. ★ Support this podcast on Patreon ★
Murthy v. Missouri, No. 23-411 [Arg: 3.18.2024]
March 24, 2024 16:23 - 1 hour - 47 MBQUESTION PRESENTED: (1) Whether respondents have Article III standing; (2) whether the government’s challenged conduct transformed private social media companies’ content-moderation decisions into state action and violated respondents’ First Amendment rights; and (3) whether the terms and breadth of the preliminary injunction are proper. ★ Support this podcast on Patreon ★
Coinbase v. Suski, No. 23-3 [Arg: 2.28.2024]
March 24, 2024 16:02 - 42 minutes - 19.7 MBQUESTION PRESENTED: Whether, where parties enter into an arbitration agreement with a delegation clause, an arbitrator or a court should decide whether that arbitration agreement is narrowed by a later contract that is silent as to arbitration and delegation. ★ Support this podcast on Patreon ★
Garland v. Cargill, No. 22-976 [Arg: 2.28.2024]
March 24, 2024 16:02 - 1 hour - 41.4 MBQUESTION PRESENTED: Whether a bump stock device is a “machinegun” as defined in 26 U.S.C. § 5845(b) because it is designed and intended for use in converting a rifle into a machinegun, i.e., into a weapon that fires “automatically more than one shot ... by a single function of the trigger.” ★ Support this podcast on Patreon ★
Cantero v. Bank of America, No. 22-529 [Arg: 2.27.2024]
March 24, 2024 16:01 - 1 hour - 49.4 MBQUESTION PRESENTED: Whether the National Bank Act preempts the application of state escrow-interest laws to national banks. ★ Support this podcast on Patreon ★
McIntosh v. U.S., No. 22-7386 [Arg: 2.27.2024]
March 24, 2024 16:01 - 48 minutes - 22.5 MBQUESTION PRESENTED: Whether a district court may enter a criminal-forfeiture order outside the time limitations set forth in Federal Rule of Criminal Procedure 32.2. ★ Support this podcast on Patreon ★
NetChoice, LLC v. Paxton, No. 22-555 [Arg: 2.26.2024]
March 24, 2024 16:01 - 1 hour - 36.7 MBQUESTION PRESENTED: Whether the First Amendment prohibits viewpoint-, content-, or speaker-based laws restricting select websites from engaging in editorial choices about whether, and how, to publish and disseminate speech ‚Äî or otherwise burdening those editorial choices through onerous operational and disclosure requirements. ★ Support this podcast on Patreon ★
Moody v. NetChoice, LLC, No. 22-277 [Arg: 2.26.2024]
March 24, 2024 16:00 - 2 hours - 65.3 MBQUESTION PRESENTED: (1) Whether the laws content-moderation restrictions comply with the First Amendment; and (2) whether the laws‚Äô individualized-explanation requirements comply with the First Amendment. ★ Support this podcast on Patreon ★
Warner Chappell Music v. Nealy, No. 22-1078 [Arg: 2.21.2024]
March 24, 2024 16:00 - 53 minutes - 24.5 MBQUESTION PRESENTED: Whether, under the discovery accrual rule applied by the circuit courts and the Copyright Act‚Äôs statute of limitations for civil actions, 17 U.S.C. ¬ß 507(b), a copyright plaintiff can recover damages for acts that allegedly occurred more than three years before the filing of a lawsuit. ★ Support this podcast on Patreon ★
Ohio v. Environmental Protection Agency, No. 23A349 [Arg: 2.21.2024]
March 24, 2024 16:00 - 1 hour - 40.8 MBQUESTION PRESENTED: (1) Whether the court should stay the Environmental Protection Agency‚Äôs federal emission reductions rule, the Good Neighbor Plan; and (2) whether the emissions controls imposed by the rule are reasonable regardless of the number of states subject to the rule. ★ Support this podcast on Patreon ★
Bissonnette v. LePage Bakeries Park St., LLC, No. 23-51 [Arg: 2.20.2024]
March 24, 2024 15:59 - 1 hour - 27.7 MBQUESTION PRESENTED: Whether, to be exempt from the Federal Arbitration Act, a class of workers that is actively engaged in interstate transportation must also be employed by a company in the transportation industry. ★ Support this podcast on Patreon ★
Trump v. Anderson, No. 23-719 [Arg: 2.8.2024]
February 28, 2024 05:31 - 2 hours - 59.1 MBQUESTION PRESENTED: Whether the Colorado Supreme Court erred in ordering former President Donald Trump excluded from the 2024 presidential primary ballot. ★ Support this podcast on Patreon ★
Relentless v. Department of Commerce, No. 22-1219 [Arg: 1.17.2024]
January 18, 2024 04:16 - 2 hours - 60.4 MBIssue(s): Whether the court should overrule Chevron v. Natural Resources Defense Council, or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency. ★ Support this podcast on Patreon ★
Loper Bright Enterprises v. Raimondo, No. 22-451 [Arg: 1.17.2024]
January 18, 2024 04:16 - 1 hour - 34.9 MBIssue(s): Whether the court should overrule Chevron v. Natural Resources Defense Council, or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency. ★ Support this podcast on Patreon ★
Macquarie Infrastructure Corp. v. Moab Partners, L.P., No. 22-1165 [Arg: 1.16.2024]
January 18, 2024 04:16 - 1 hour - 30.2 MBIssue(s): Whether the U.S. Court of Appeals for the 2nd Circuit erred in holding that a failure to make a disclosure required under Item 303 of SEC Regulation S-K can support a private claim under Section 10(b) of the Securities Exchange Act of 1934, even in the absence of an otherwise misleading statement. ★ Support this podcast on Patreon ★
Devillier v. Texas, No. 22-913 [Arg: 1.16.2024]
January 18, 2024 04:16 - 1 hour - 33 MBIssue(s): Whether a person whose property is taken without compensation may seek redress under the self-executing takings clause of the Fifth Amendment even if the legislature has not affirmatively provided them with a cause of action. ★ Support this podcast on Patreon ★
Smith v. Arizona, No. 22-899 [Arg: 1.10.2024]
January 12, 2024 17:51 - 1 hour - 40.7 MBIssue(s): Whether the confrontation clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a substitute expert conveying the testimonial statements of a nontestifying forensic analyst, on the grounds that (a) the testifying expert offers some independent opinion and the analyst’s statements are offered not for their truth but to explain the expert’s opinion, and (b) the defendant did not independently seek to subpoena the analyst. ★ Sup...
Office of the U.S. Trustee v. John Q. Hammons Fall 2006, LLC, No. 22-1238 [Arg: 1.9.2024]
January 12, 2024 17:50 - 1 hour - 28.8 MBIssue(s): Whether the appropriate remedy for the constitutional uniformity violation found by this court in Siegel v. Fitzgerald is to require the United States Trustee to grant retrospective refunds of the increased fees paid by debtors in U.S. Trustee districts during the period of disuniformity, or is instead either to deem sufficient the prospective remedy adopted by Congress or to require the collection of additional fees from a much smaller number of debtors in Bankruptcy Admi...
Sheetz v. County of El Dorado, California, No. 22-1074 [Arg: 1.9.2024]
January 12, 2024 17:50 - 1 hour - 40.7 MBIssue(s): Whether a building-permit exaction is exempt from the unconstitutional-conditions doctrine as applied in Nollan v. California Coastal Commission and Dolan v. City of Tigard, Oregon simply because it is authorized by legislation. ★ Support this podcast on Patreon ★
Federal Bureau of Investigation v. Fikre, No. 22-1178 [Arg: 1.8.2024]
January 12, 2024 17:50 - 1 hour - 37.5 MBIssue(s): Whether respondent’s claims challenging his placement on the No Fly List are moot given that he was removed from the No Fly List in 2016 and the government provided a sworn declaration stating that he “will not be placed on the No Fly List in the future based on the currently available information. ★ Support this podcast on Patreon ★
Campos-Chaves v. Garland, No. 22-674 [Arg: 1.8.2024]
January 12, 2024 17:50 - 1 hour - 40.7 MBIssue(s): Whether the government provides notice “required under” and “in accordance with paragraph (1) or (2) of” 8 U.S.C. § 1229(a) when it serves an initial notice document that does not include the “time and place” of proceedings followed by an additional document containing that information, such that an immigration court must enter a removal order in absentia and deny a noncitizen's request to rescind that order. ★ Support this podcast on Patreon ★
Muldrow v. City of St. Louis, Missouri, No. 22-193 [Arg: 12.6.2023]
December 10, 2023 04:18 - 1 hour - 44.3 MBQUESTION PRESENTED: Issue(s): Whether Title VII of the Civil Rights Act of 1964 prohibits discrimination in transfer decisions absent a separate court determination that the transfer decision caused a significant disadvantage. ★ Support this podcast on Patreon ★
Moore v. U.S., No. 22-800 [Arg: 12.5.2023]
December 10, 2023 04:17 - 2 hours - 57.1 MBQUESTION PRESENTED: Issue(s): Whether the 16th Amendment authorizes Congress to tax unrealized sums without apportionment among the states. ★ Support this podcast on Patreon ★
Harrington v. Purdue Pharma L.P., No. 23-124 [Arg: 12.4.2023]
December 04, 2023 21:05 - 1 hour - 47.4 MBQUESTION PRESENTED: Issue(s): Whether the Bankruptcy Code authorizes a court to approve, as part of a plan of reorganization under Chapter 11 of the Bankruptcy Code, a release that extinguishes claims held by nondebtors against nondebtor third parties, without the claimants’ consent. ★ Support this podcast on Patreon ★
Securities and Exchange Commission v. Jarkesy, No. 22-859 [Arg: 11.29.2023]
November 30, 2023 20:15 - 2 hours - 62.6 MBQUESTION PRESENTED: Issue(s): (1) Whether statutory provisions that empower the Securities and Exchange Commission to initiate and adjudicate administrative enforcement proceedings seeking civil penalties violate the Seventh Amendment; (2) whether statutory provisions that authorize the SEC to choose to enforce the securities laws through an agency adjudication instead of filing a district court action violate the nondelegation doctrine; and (3) whether Congress violated Article II...
Wilkinson v. Garland, No. 22-666 [Arg: 11.28.2023]
November 29, 2023 16:07 - 1 hour - 41.4 MBQUESTION PRESENTED: Issue(s): Whether an agency determination that a given set of established facts does not rise to the statutory standard of “exceptional and extremely unusual hardship” is a mixed question of law and fact reviewable under 8 U.S.C. § 1252(a)(2)(D), or whether this determination is a discretionary judgment call unreviewable under Section 1252(a)(2)(B)(i). ★ Support this podcast on Patreon ★
McElrath v. Georgia, No. 22-721 [Arg: 11.28.2023]
November 29, 2023 16:07 - 59 minutes - 27.2 MBQUESTION PRESENTED: Issue(s): Whether the double jeopardy clause of the Fifth Amendment prohibits a second prosecution for a crime of which a defendant was previously acquitted. ★ Support this podcast on Patreon ★
Brown v. U.S., No. 22-6389 [Arg: 11.27.2023]
November 29, 2023 16:07 - 1 hour - 38.8 MBQUESTION PRESENTED: Issue(s): Whether the "serious drug offense" definition in the Armed Career Criminal Act incorporates the federal drug schedules that were in effect at the time of the federal firearm offense or the federal drug schedules that were in effect at the time of the prior state drug offense. ★ Support this podcast on Patreon ★
Rudisill v. McDonough, No. 22-888 [Arg: 11.8.2023]
November 24, 2023 23:12 - 1 hour - 32.2 MBQUESTION PRESENTED: Issue(s): Whether a veteran who has served two separate and distinct periods of qualifying service under the Montgomery GI Bill and the Post-9/11 GI Bill is entitled to receive a total of 48 months of education benefits as between both programs, without first exhausting the Montgomery benefit in order to obtain the more generous Post-9/11 benefit. ★ Support this podcast on Patreon ★
U.S. v. Rahimi, No. 22-915 [Arg: 11.7.2023]
November 24, 2023 23:11 - 1 hour - 42.5 MBQUESTION PRESENTED: Issue(s): Whether 18 U.S.C. § 922(g)(8), which prohibits the possession of firearms by persons subject to domestic-violence restraining orders, violates the Second Amendment on its face. ★ Support this podcast on Patreon ★
Department of Agriculture Rural Development Rural Housing Service v. Kirtz, No. 22-846 [Arg: 11.6.2023]
November 24, 2023 23:09 - 1 hour - 36 MBQUESTION PRESENTED: Issue(s): Whether the civil-liability provisions of the Fair Credit Reporting Act unequivocally and unambiguously waive the sovereign immunity of the United States. ★ Support this podcast on Patreon ★
Vidal v. Elster, No. 22-704 [Arg: 11.1.2023]
November 24, 2023 23:08 - 1 hour - 34.8 MBQUESTION PRESENTED: Issue(s): Whether the refusal to register a trademark under 15 U.S.C. § 1052(c) violates the free speech clause of the First Amendment when the mark contains criticism of a government official or public figure. ★ Support this podcast on Patreon ★
O’Connor-Ratcliff v. Garnier, No. 22-324 [Arg: 10.31.2023]
November 24, 2023 23:07 - 1 hour - 46.1 MBQUESTION PRESENTED: Issue(s): Whether a public official engages in state action subject to the First Amendment by blocking an individual from the official’s personal social media account, when the official uses the account to feature their job and communicate about job-related matters with the public, but does not do so pursuant to any governmental authority or duty. ★ Support this podcast on Patreon ★
Lindke v. Freed, No. 22-611 [Arg: 10.31.2023]
November 24, 2023 23:05 - 1 hour - 35.5 MBQUESTION PRESENTED: Issue(s): Whether a public official’s social media activity can constitute state action only if the official used the account to perform a governmental duty or under the authority of his or her office. ★ Support this podcast on Patreon ★
Culley v. Marshall, No. 22-585 [Arg: 10.30.2023]
November 24, 2023 23:04 - 1 hour - 45.8 MBQuestion Presented: Issue(s): Whether district courts, in determining whether the due process clause requires a state or local government to provide a post-seizure probable-cause hearing prior to a statutory judicial-forfeiture proceeding and, if so, when such a hearing must take place, should apply the “speedy trial” test employed in United States v. $8,850 and Barker v. Wingo or the three-part due process analysis set forth in Mathews v. Eldridge. ★ Support this podcast on Pat...
Alexander v. South Carolina State Conference of the NAACP, No. 22-807 [Arg: 10.11.2023]
October 28, 2023 15:33 - 2 hours - 57.3 MBQUESTION PRESENTED: (1) Whether the district court erred when it failed to apply the presumption of good faith and to holistically analyze South Carolina Congressional District 1 and the South Carolina General Assembly’s intent; (2) whether the district court erred in failing to enforce the alternative-map requirement in this circumstantial case; (3) whether the district court erred when it failed to disentangle race from politics; (4) whether the district court erred in finding r...
Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC, No. 22-500 [Arg: 10.10.2023]
October 11, 2023 13:42 - 1 hour - 32.5 MBQUESTION PRESENTED: Whether, under federal admiralty law, a choice-of-law clause in a maritime contract can be rendered unenforceable if enforcement is contrary to the “strong public policy” of the state whose law is displaced. ★ Support this podcast on Patreon ★