Supreme Court of the United States
313 episodes - English - Latest episode: 25 days ago - ★★★★★ - 2 ratingsSupreme Court Season episodes will include all arguments that occur from October 01st to June/July.
Homepage Apple Podcasts Google Podcasts Overcast Castro Pocket Casts RSS feed
Episodes
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 ★
Murray v. UBS Securities, LLC, No. 22-660 [Arg: 10.10.2023]
October 11, 2023 13:41 - 1 hour - 40.4 MBQUESTION PRESENTED: Whether, following the burden-shifting framework that governs cases under the Sarbanes-Oxley Act of 2002, a whistleblower must prove his employer acted with a “retaliatory intent” as part of his case in chief, or whether the lack of “retaliatory intent” is part of the affirmative defense on which the employer bears the burden of proof. ★ Support this podcast on Patreon ★
Acheson Hotels, LLC v. Laufer, No. 22-429 [Arg: 10.4.2023]
October 11, 2023 13:41 - 1 hour - 38.8 MBQUESTION PRESENTED: Whether a self-appointed Americans with Disabilities Act “tester” has Article III standing to challenge a place of public accommodation’s failure to provide disability accessibility information on its website, even if she lacks any intention of visiting that place of public accommodation. ★ Support this podcast on Patreon ★
Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited, No. 22-448 [Arg: 10.3.2023]
October 11, 2023 13:40 - 1 hour - 43.2 MBQUESTION PRESENTED: Whether the court of appeals erred in holding that the statute providing funding to the Consumer Financial Protection Bureau, 12 U.S.C. § 5497, violates the appropriations clause in Article I, Section 9 of the Constitution, and in vacating a regulation promulgated at a time when the Bureau was receiving such funding. ★ Support this podcast on Patreon ★
Pulsifer v. U.S., No. 22-340 [Arg: 10.2.2023]
October 11, 2023 13:39 - 1 hour - 46 MBQUESTION PRESENTED: Whether a defendant satisfies the criteria in 18 U.S.C. § 3553(f)(1) as amended by the First Step Act of 2018 in order to qualify for the federal drug-sentencing “safety valve” provision so long as he does not have (a) more than four criminal history points, (b) a three-point offense, and (c) a two-point offense, or whether the defendant satisfies the criteria so long as he does not have (a), (b), or (c). ★ Support this podcast on Patreon ★
Tyler v. Hennepin County, Minnesota, No. 22-166 [Arg: 04.26.2023]
April 28, 2023 18:40 - 1 hour - 46.2 MBIssue(s): (1) Whether taking and selling a home to satisfy a debt to the government, and keeping the surplus value as a windfall, violates the Fifth Amendment's takings clause; and (2) whether the forfeiture of property worth far more than needed to satisfy a debt, plus interest, penalties, and costs, is a fine within the meaning of the Eighth Amendment. ★ Support this podcast on Patreon ★
Yegiazaryan v. Smagin, No. 22-381 [Arg: 04.25.2023]
April 28, 2023 18:39 - 1 hour - 29.4 MBIssue(s): Whether a foreign plaintiff states a cognizable civil claim under the Racketeer Influenced and Corrupt Organizations Act when it suffers an injury to intangible property, and if so, under what circumstances. ★ Support this podcast on Patreon ★
Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin, No. 22-227 [Arg: 04.24.2023]
April 28, 2023 18:37 - 58 minutes - 26.7 MBIssue(s): Whether the Bankruptcy Code expresses unequivocally Congress’ intent to abrogate the sovereign immunity of Indian tribes. ★ Support this podcast on Patreon ★
Dupree v. Younger, No. 22-210 [Arg: 04.24.2023]
April 28, 2023 18:37 - 58 minutes - 26.7 MBIssue(s): Whether to preserve the issue for appellate review a party must reassert in a post-trial motion a purely legal issue rejected at summary judgment. ★ Support this podcast on Patreon ★
Counterman v. Colorado, No. 22-138 [Arg: 04.19.2023]
April 21, 2023 17:02 - 1 hour - 48.8 MBIssue(s): Whether, to establish that a statement is a "true threat" unprotected by the First Amendment, the government must show that the speaker subjectively knew or intended the threatening nature of the statement, or whether it is enough to show that an objective "reasonable person" would regard the statement as a threat of violence. ★ Support this podcast on Patreon ★
U.S. ex rel. Schutte v. SuperValu Inc., No. 21-1326 [Arg: 04.18.2023]
April 21, 2023 17:01 - 1 hour - 33.2 MBIssue(s): Whether and when a defendant’s contemporaneous subjective understanding or beliefs about the lawfulness of its conduct are relevant to whether it “knowingly” violated the False Claims Act. ★ Support this podcast on Patreon ★
Groff v. DeJoy, No. 22-174 [Arg: 04.18.2023]
April 21, 2023 17:00 - 1 hour - 49.4 MBIssue(s): (1) Whether the court should disapprove the more-than-de-minimis-cost test for refusing religious accommodations under Title VII of the Civil Rights Act of 1964 stated in Trans World Airlines, Inc. v. Hardison; and (2) whether an employer may demonstrate “undue hardship on the conduct of the employer’s business” under Title VII merely by showing that the requested accommodation burdens the employee’s coworkers rather than the business itself. ★ Support this podcast on P...
Pugin v. Garland, No. 22-23 [Arg: 04.17.2023]
April 21, 2023 16:59 - 1 hour - 45.4 MBIssue(s): To qualify as “an offense relating to obstruction of justice,” 8 U.S.C. § 1101(a)(43)(S), must a predicate offense require a nexus with a pending or ongoing investigation or judicial proceeding? ★ Support this podcast on Patreon ★
Slack Technologies v. Pirani, No. 22-200 [Arg: 04.17.2023]
April 21, 2023 16:58 - 1 hour - 32.1 MBIssue(s): Whether Sections 11 and 12(a)(2) of the Securities Act of 1933 require plaintiffs to plead and prove that they bought shares registered under the registration statement they claim is misleading. ★ Support this podcast on Patreon ★
Polselli v. Internal Revenue Service, No. 21-1599 [Arg: 03.29.2023]
March 30, 2023 16:37 - 50 minutes - 23.1 MBIssue(s): Whether the exception in I.R.C. § 7609(c)(2)(D)(i) to the notice requirements for an Internal Revenue Service summons on third-party recordkeepers applies only when the delinquent taxpayer owns or has a legal interest in the summonsed records, as the U.S. Court of Appeals for the 9th Circuit has held, or whether the exception applies to a summons for anyone’s records whenever the IRS thinks that person’s records might somehow help it collect a delinquent taxpayer’s liabili...
Samia v. U.S., No. 22-196 [Arg: 03.29.2023]
March 30, 2023 16:36 - 1 hour - 45.1 MBIssue(s): Whether admitting a codefendant’s redacted out-of-court confession that immediately inculpates a defendant based on the surrounding context violates the defendant’s rights under the confrontation clause of the Sixth Amendment. ★ Support this podcast on Patreon ★
Smith v. U.S., No. 21-1576 [Arg: 03.28.2023]
March 30, 2023 16:35 - 1 hour - 35.2 MBIssue(s): Whether the proper remedy for the government’s failure to prove venue is an acquittal barring re-prosecution of the offense, as the U.S. Courts of Appeals for the 5th and 8th Circuits have held, or whether instead the government may re-try the defendant for the same offense in a different venue, as the U.S. Courts of Appeals for the 6th, 9th, 10th and 11th Circuits have held. ★ Support this podcast on Patreon ★
Lora v. U.S., No. 22-49 [Arg: 03.28.2023]
March 30, 2023 16:33 - 1 hour - 28.2 MBIssue(s): Whether 18 U.S.C. § 924(c)(1)(D)(ii), which provides that “no term of imprisonment imposed … under this subsection shall run concurrently with any other term of imprisonment,” is triggered when a defendant is convicted and sentenced under 18 U.S.C. § 924(j). ★ Support this podcast on Patreon ★
U.S. v. Hansen, No. 22-179 [Arg: 03.27.2022]
March 30, 2023 16:31 - 1 hour - 37.7 MBIssue: Whether the federal criminal prohibition against encouraging or inducing unlawful immigration for commercial advantage or private financial gain, in violation of 8 U.S.C. § 1324(a)(1)(A)(iv) and (B)(i), is facially unconstitutional on First Amendment overbreadth grounds. ★ Support this podcast on Patreon ★
Amgen Inc. v. Sanofi, No. 21-757 [Arg: 03.27.2023]
March 30, 2023 16:30 - 1 hour - 45.5 MBIssue(s): Whether enablement is governed by the statutory requirement that the specification teach those skilled in the art to “make and use” the claimed invention, or whether it must instead enable those skilled in the art “to reach the full scope of claimed embodiments” without undue experimentation—i.e., to cumulatively identify and make all or nearly all embodiments of the invention without substantial “time and effort.” ★ Support this podcast on Patreon ★
Jack Daniel’s Properties v. VIP Products LLC, No. 22-148 [Arg: 3.22.2023]
March 23, 2023 01:18 - 1 hour - 38.3 MBIssue(s): (1) Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, 15 U.S.C. § 1125(a)(1), or instead receives heightened First Amendment protection from trademark-infringement claims; and (2) whether humorous use of another’s mark as one’s own on a commercial product is “noncommercial” and thus bars as a matter of law a claim of dilution by tarnishment under the Trademark Diluti...
Abitron Austria GmbH v. Hetronic Int'l, No. 21-1043 [Arg: 03.21.2023]
March 23, 2023 01:18 - 1 hour - 40 MBIssue(s): Whether the U.S. Court of Appeals for the 10th Circuit erred in applying the Lanham Act, which provides civil remedies for infringement of U.S. trademarks, extraterritorially to Abitron Austria GmbH's foreign sales, including purely foreign sales that never reached the United States or confused U.S. consumers. ★ Support this podcast on Patreon ★
Coinbase v. Bielski, No. 22-105 [Arg: 03.21.2023]
March 23, 2023 01:17 - 1 hour - 37.8 MBIssue(s): Whether a non-frivolous appeal of the denial of a motion to compel arbitration ousts a district court’s jurisdiction to proceed with litigation pending appeal. ★ Support this podcast on Patreon ★
Arizona v. Navajo Nation, No. 21-1484 [Arg: 03.20.2023]
March 23, 2023 01:16 - 1 hour - 50.4 MBIssue(s): (1) Whether the opinion of the U.S. Court of Appeals for the 9th Circuit, allowing the Navajo Nation to proceed with a claim to enjoin the secretary of the U.S. Department of the Interior to develop a plan to meet the Navajo Nation’s water needs and manage the mainstream of the Colorado River in the Lower Basin so as not to interfere with that plan, infringes upon the Supreme Court’s retained and exclusive jurisdiction over the allocation of water from the LBCR mainstream ...
New York v. New Jersey, No. 22O156 [Arg: 3.1.2023]
March 02, 2023 02:59 - 1 hour - 40.6 MBIssue(s): Whether the Supreme Court should issue declaratory judgment and/or enjoin New Jersey from withdrawing from its Waterfront Commission Compact with New York, which grants the Waterfront Commission of New York Harbor broad regulatory and law-enforcement powers over all operations at the Port of New York and New Jersey. ★ Support this podcast on Patreon ★
Department of Education v. Brown, No. 22-535 [Arg: 2.28.2023]
March 01, 2023 06:25 - 1 hour - 34.7 MBIssue(s): (1) Whether two student-loan borrowers have Article III standing to challenge the Department of Education's student-debt relief plan; and (2) whether the department's plan is statutorily authorized and was adopted in a procedurally proper manner. ★ Support this podcast on Patreon ★
Biden v. Nebraska, No. 22-506 [Arg: 2.28.2023]
March 01, 2023 06:25 - 2 hours - 56.2 MBIssue(s): (1) Whether six states have Article III standing to challenge the Department of Education's student-debt relief plan; and (2) whether the plan exceeds the secretary of education's statutory authority or is arbitrary and capricious. ★ Support this podcast on Patreon ★
Dubin v. U.S., No. 22-10 [Arg: 2.27.2023]
February 28, 2023 03:34 - 1 hour - 42.4 MBIssue(s): Whether a person commits aggravated identity theft any time they mention or otherwise recite someone else’s name while committing a predicate offense. ★ Support this podcast on Patreon ★
Twitter v. Taamneh, No. 21-1496 [Arg: 2.22.2023]
February 23, 2023 05:19 - 2 hours - 68.6 MBIssue(s): (1) Whether a defendant that provides generic, widely available services to all its numerous users and “regularly” works to detect and prevent terrorists from using those services “knowingly” provided substantial assistance under 18 U.S.C. § 2333 merely because it allegedly could have taken more “meaningful” or “aggressive” action to prevent such use; and (2) whether a defendant whose generic, widely available services were not used in connection with the specific “act of ...
Gonzalez v. Google LLC, No. 21-1333 [Arg: 2.21.2023]
February 23, 2023 05:19 - 2 hours - 73.6 MBIssue(s): Whether Section 230(c)(1) of the Communications Decency Act immunizes interactive computer services when they make targeted recommendations of information provided by another information content provider, or only limits the liability of interactive computer services when they engage in traditional editorial functions (such as deciding whether to display or withdraw) with regard to such information. ★ Support this podcast on Patreon ★
Perez v. Sturgis Public Schools, No. 21-887 [Arg: 1.18.2023]
February 23, 2023 05:17 - 1 hour - 40.8 MBIssue(s): (1) Whether, and in what circumstances, courts should excuse further exhaustion of the Individuals with Disabilities Education Act’s administrative proceedings under Section 1415(l) when such proceedings would be futile; and (2) whether Section 1415(l) requires exhaustion of a non-IDEA claim seeking money damages that are not available under the IDEA. ★ Support this podcast on Patreon ★
Santos-Zacaria v. Garland, No. 21-1436 [Arg: 1.17.2023]
February 23, 2023 05:17 - 1 hour - 29.1 MBIssue(s): Whether the court of appeals correctly determined that 8 U.S.C. 1252(d)(1) prevented the court from reviewing petitioner's claim that the Board of Immigration Appeals engaged in impermissible factfinding because petitioner had not exhausted that claim through a motion to reconsider. ★ Support this podcast on Patreon ★
Turkiye Halk Bankasi A.S. v. U.S., No. 21-1450 [Arg: 1.17.2023]
February 23, 2023 05:16 - 1 hour - 44 MBIssue(s): Whether U.S. district courts may exercise subject-matter jurisdiction over criminal prosecutions against foreign sovereigns and their instrumentalities under 18 U.S.C. § 3231 and in light of the Foreign Sovereign Immunities Act. ★ Support this podcast on Patreon ★
Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, No. 22-96 [Arg: 1.11.2023]
February 23, 2023 05:14 - 56 minutes - 25.9 MBIssue(s): Whether the Puerto Rico Oversight, Management, and Economic Stability Act’s general grant of jurisdiction to the federal courts over claims against the Financial Oversight and Management Board for Puerto Rico and claims otherwise arising under PROMESA abrogate the Board’s sovereign immunity with respect to all federal and territorial claims. ★ Support this podcast on Patreon ★
Glacier Northwest v. Int'l Brotherhood of Teamsters, No. 21-1449 [Arg: 1.10.2023]
February 23, 2023 05:13 - 1 hour - 39.4 MBIssue(s): Whether the National Labor Relations Act impliedly preempts a state tort claim against a union for intentionally destroying an employer's property in the course of a labor dispute. ★ Support this podcast on Patreon ★
In re Grand Jury, No. 21-1397 [Arg: 1.9.2023; Decided 01.23.2023]
February 23, 2023 05:12 - 1 hour - 31.2 MBIssue(s): Whether a communication involving both legal and non-legal advice is protected by attorney-client privilege when obtaining or providing legal advice was one of the significant purposes behind the communication. ★ Support this podcast on Patreon ★
Ohio Adjutant General’s Department v. Federal Labor Relations Authority, No. 21-1454 [Arg: 1.9.2023]
February 23, 2023 05:11 - 1 hour - 41 MBIssue(s): Whether the Civil Service Reform Act of 1978, which empowers the Federal Labor Relations Authority to regulate the labor practices of federal agencies only, empower it to regulate the labor practices of state militias. ★ Support this podcast on Patreon ★
Moore v. Harper, No. 21-1271 [Arg: 12.7.2022]
February 23, 2023 04:59 - 2 hours - 79.6 MB★ Support this podcast on Patreon ★
U.S., ex rel. Polansky v. Executive Health Resources, No. 21-1052 [Arg: 12.6.2022]
February 23, 2023 04:59 - 1 hour - 37.3 MBWhether the government has authority to dismiss a False Claims Act suit after initially declining to proceed with the action, and what standard applies if the government has that authority.
Bartenwerfer v. Buckley, No. 21-908 [Arg: 12.6.2022]
February 23, 2023 04:58 - 1 hour - 33.3 MBWhether an individual may be subject to liability for the fraud of another that is barred from discharge in bankruptcy under 11 U.S.C. § 523(a)(2)(A), by imputation, without any act, omission, intent or knowledge of her own.
303 Creative LLC v. Elenis, No. 21-476 [Arg: 12.5.2022]
December 06, 2022 13:26 - 2 hours - 65 MBQUESTION PRESENTED: Whether applying a public-accommodation law to compel an artist to speak or stay silent violates the free speech clause of the First Amendment. ★ Support this podcast on Patreon ★
MOAC Mall Holdings LLC v. Transform Holdco LLC, No. 21-1270 [Arg: 12.5.2022]
December 06, 2022 13:26 - 1 hour - 32 MBQUESTION PRESENTED: Whether Bankruptcy Code Section 363(m) limits the appellate courts’ jurisdiction over any sale order or order deemed “integral” to a sale order, such that it is not subject to waiver, and even when a remedy could be fashioned that does not affect the validity of the sale. ★ Support this podcast on Patreon ★
Wilkins v. U.S., No. 21-1164 [Arg: 11.30.2022]
December 06, 2022 13:23 - 1 hour - 30.2 MBQUESTION PRESENTED: Whether the Quiet Title Act’s statute of limitations is a jurisdictional requirement or a claim-processing rule. ★ Support this podcast on Patreon ★
U.S. v. Texas, No. 22-58 [Arg: 11.29.2022]
December 06, 2022 13:22 - 2 hours - 62.4 MBQUESTION PRESENTED: (1) Whether state plaintiffs have Article III standing to challenge the Department of Homeland Security’s Guidelines for the Enforcement of Civil Immigration Law; (2) whether the Guidelines are contrary to 8 U.S.C. § 1226(c) or 8 U.S.C. § 1231(a), or otherwise violate the Administrative Procedure Act; and (3) whether 8 U.S.C. § 1252(f)(1) prevents the entry of an order to “hold unlawful and set aside” the guidelines under 5 U.S.C. § 706(2). ★ Support this...
Percoco v. U.S., No. 21-1158 [Arg: 11.28.2022]
December 06, 2022 13:21 - 1 hour - 31.1 MBQUESTION PRESENTED: Whether a private citizen who holds no elected office or government employment, but has informal political or other influence over governmental decisionmaking, owes a fiduciary duty to the general public such that he can be convicted of honest-services fraud. ★ Support this podcast on Patreon ★