The Supreme Court closed out its term with a string of rulings that divided the justices. The court split 6-3 along ideological lines in opinions June 27 that limited the ability of lower courts to issue nationwide injunctions and gave parents the right to opt their children out of classroom instruction that violates their religious beliefs. Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler dig into the term end blockbusters and discuss the powerful dissents that accompanied them...
Jun 30, 2025•16 min
Transgender rights suffered a major loss at the US Supreme Court after its opinion in the Skrmetti case. But some advocates for transgender rights found reasons within the opinion to believe their cause might fare better in future cases. Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler get into the details of this opinion on the latest episode of their podcast. They also talk about the other opinions we got from the court this week, including one in which Justice Ketanji Brown J...
Jun 20, 2025•11 min
The Supreme Court is chipping away at the mound of argued cases it has to decide before the justices break for summer. The court has 21 cases left after releasing its latest batch of opinions. Those included a unanimous decision that revived a lawsuit brought by a family against the government after the FBI mistakenly raided their Atlanta home. Disputes over a Tennessee ban on gender affirming care for transgender minors and nationwide injunctions against President Donald Trump's effort to restr...
Jun 13, 2025•20 min
The justices have already had a deluge of emergency requests from the Trump administration, and another is likely to land before them soon involving the president's tariffs. Lower courts have temporarily ruled against the tariffs using doctrines recently revived by the Supreme Court's conservative majority to frustrate policies of Democratic administrations. The Trump administration has signaled it will bring the case to the high court. Cases and Controversies hosts Kimberly Robinson and Greg St...
May 30, 2025•18 min
The Supreme Court's long-awaited order over the president's firing of Democratic members of independent agencies is puzzling, according to the lawyer representing one of the fired individuals. Gupta Wessler founder Deepak Gupta joins Cases and Controversies hosts Kimberly Robinson and Greg Stohr to discuss what the divided court did and did not do in allowing the administration to move forward with the firings. Do you have feedback on this episode of Cases and Controversies? Give us a call and l...
May 23, 2025•29 min
The practicalities of birthright citizenship being restricted in some states but not others appeared to be a concern of key justices on the US Supreme Court. President Donald Trump has asked the justices to narrow lower court rulings that blocked his executive order limiting automatic citizenship to babies born with at least one parent who’s a citizen or permanent resident. Cases and Controversies hosts Greg Stohr and Lydia Wheeler discuss Thursday's arguments and highlight the exchanges that se...
May 16, 2025•13 min
The Supreme Court will sit for a special session May 15 to hear a challenge to President Donald Trump's birthright citizenship order. The merits, however, are not before justices at this time. Instead, the court will consider the scope of relief temporarily available to the parties, and in particular whether federal district courts can enjoin a policy nationwide as to all persons affected. Joining Cases and Controversies hosts Kimberly Robinson and Greg Stohr is University of Virginia law profes...
May 09, 2025•21 min
The Supreme Court heard the last in a trio of cases over religious rights with the justices appearing to split long largely ideological lines. During arguments April 30 in Oklahoma Statewide Charter School Board v. Drummond, the justices considered a virtual school's bid to become the nation's first religious charter school. Cases and Controversies hosts Lydia Wheeler and Kimberly Robinson say the case seems to turn on Chief Justice John Roberts. Do you have feedback on this episode of Cases and...
May 02, 2025•21 min
US Supreme Court justices spent a lot of time last week discussing the meaning of LGBTQ-themed books that parents in a Maryland public school district say interfere with the religious rearing of their children. One book, “Uncle Bobby’s Wedding,” was a focal point of the April 22 arguments in Mahmoud v. Taylor. The justices questioned whether mere exposure to things a parent disagrees with burdens their religious rights. Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler take liste...
Apr 27, 2025•15 min
Obamacare is back before the Supreme Court in a challenge to its no-cost coverage requirements for certain preventive health services. The justices will weigh the constitutionality of the US Preventive Services Task Force, which recommends the tests and treatments insurers should cover, when they return to the bench on Monday for the April sitting. If the lower court's decision is upheld, "it is possible, given the posture of the case, that over 150 million Americans lose free coverage of hundre...
Apr 18, 2025•19 min
The US Supreme Court's attempt to avoid a confrontation with President Donald Trump has real world costs, said Georgetown Law professor Stephen Vladeck. Vladeck spoke with Cases and Controversies hosts Kimberly Robinson and Greg Stohr about the flurry of recent rulings from the justices in emergency requests involving the administration's policies. The majority of the justices have been careful not to be overly critical of the president and have at times granted him "modest procedural wins," Vla...
Apr 11, 2025•28 min
Supreme Court justices from across the ideological spectrum appeared ready to side with a religious group seeking an unemployment tax exemption, in the first of three church-state disputes on tap in coming weeks. "I thought it was pretty fundamental that we don't treat some religions better than other religions," Justice Elena Kagan said. "And we certainly don't do it based on the content of the religious doctrine that those religions preach." Cases and Controversies hosts Kimberly Robinson and ...
Apr 04, 2025•16 min
The federal government appeared likely to win a high-stakes appeal over a multibillion-dollar telecommunications fund while securing a win on Biden-era regulations on build-at-home "ghost guns." Several justices during arguments March 26 in FCC v. Consumers' Research, appeared hesitant to reinvigorate the so-called nondelegation doctrine to strike down the Universal Service Fund. The fund is intended to increase broadband access to rural and low income areas. Hosts Greg Stohr and Kimberly Robins...
Mar 28, 2025•24 min
The Supreme Court will consider a case at the end of March that could limit Congress’ ability to let federal regulators determine what public health and safety standards are necessary. Depending on what the court decides, any statute that grants discretion to an agency could be open for re-review, said Jessica Ellsworth, a partner at Hogan Lovells. "There's probably hundreds of thousands of places in the US code that there are terms used like 'in the public interest,' whether something is 'neces...
Mar 21, 2025•24 min
After a slow start, Supreme Court justices will hear consequential disputes as they head into second half of the term. "This might be the eye in the storm that this was kind of a bit of a slower term," said Goodwin partner Brian Burgess. "There's some big, big cases ahead." Burgess highlights cases involving religious rights, Obamacare, and forum shopping with Cases and Controversies hosts Lydia Wheeler and Kimberly Robinson. Do you have feedback on this episode of Cases and Controversies? Give ...
Mar 14, 2025•30 min
A fight over plans for a privately owned nuclear waste storage facility in Texas seemed to divide the US Supreme Court as the justices wrestled with a federal agency’s regulatory authority and who can challenge it. Cases and Controversies hosts Greg Stohr and Lydia Wheeler unpack Wednesday’s arguments in the dispute over a Nuclear Regulatory Commission license that would have moved as much as 40,000 tons of spent nuclear fuel to a privately owned facility. The US Court of Appeals for the Fifth C...
Mar 07, 2025•15 min
The US Supreme Court hears argument March 4 in a case over gun industry protections from lawsuits. The dispute involving Mexico and Smith & Wesson Brands Inc. centers on whether exceptions to the 2005 Protection of Lawful Commerce in Arms Act open manufacturers to court challenges. Mexico alleges gunmakers intentionally trade with suppliers for drug cartels and the law allows suits when industry knowingly violates firearms laws in a way that causes injury. Industry says it's shielded, but th...
Feb 28, 2025•25 min
The Supreme Court- has been pulled into its first dispute over a Trump administration action with more cases likely coming its way. Acting Solicitor General Sarah Harris asked the justices in an emergency request to toss out a temporary restraining order that stopped President Donald Trump from firing the head of the US Office of Special Counsel. Lower courts have issued TROs in response to Trump’s executive actions now testing presidential authority to reshape the federal workforce, government ...
Feb 21, 2025•19 min
The US Supreme Court is confronting the stark reality that, unlike the other two branches of government, the court has no real power to enforce its decisions. Should someone — whether government official or private citizen — refuse to comply, the justices have no army or constitutional spending power to use as a cudgel, Bloomberg Supreme Court reporter Greg Stohr writes in a new longform essay. That age-old quandary is becoming newly relevant as Donald Trump tries to bulldoze his way through lon...
Feb 18, 2025•14 min
The US Supreme Court will hear arguments in a reverse discrimination case when the justices return to the bench at the end of the month. A heterosexual woman is asking the court to revive her lawsuit against the Ohio Department of Youth Services where she's worked since 2004 after the US Court of Appeals for the Sixth Circuit said she hadn't shown the "background circumstances" necessary to take her case to trial. The court didn't just ask for a little bit more evidence, it asked for a lot more,...
Feb 07, 2025•19 min
President Donald Trump’s executive orders have sparked a flurry of legal challenges that tee-up constitutional questions about the breadth of executive power the US Supreme Court may be forced to settle. Daniel Cotter, a partner at Dickinson Wright who writes a column on the Supreme Court for the Chicago Daily Law Bulletin, joins Cases and Controversies to talk about which disputes could get Supreme Court review. Hosts Greg Stohr and Lydia Wheeler also chat about new cases the justices tacked on...
Jan 31, 2025•18 min
Supreme Court justices seemed to agree courts should look at the totality of circumstances when analyzing whether a police officer's use of deadly force was reasonable. During arguments Wednesday, the US Supreme Court appeared ready to rule the US Court of Appeals for the Fifth Circuit had used the wrong test when it considered the claims of a mother who argues a Texas police officer unjustly shot and killed her son during a traffic stop in 2016. Cases and Controversies hosts Kimberly Robinson a...
Jan 24, 2025•20 min
Several justices on the Supreme Court seemed eager this week to debate the constitutionality of a Texas law that requires porn sites to verify the age of users to keep kids from viewing obscene content online. But the court was only asked in the case argued Wednesday to answer whether the US Court of Appeals for the Fifth Circuit applied the correct standard when assessing whether the law violated the free speech rights of adults. “I don't know if there is going to be sufficient alignment on how...
Jan 17, 2025•17 min
The much-anticipated argument of the future of TikTok in the US will be heard by the Supreme Court on Friday. Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler preview the case with Knight First Amendment Institute staff attorney Xiangnong (George) Wang. The Biden administration says the law, which effectively bans the social media site in the US unless sold by its Chinese owner, is necessary for national security. But the social media site and its users say its censorship. Do yo...
Jan 09, 2025•19 min
After an eventful 2024, the justices are now on winter break until Jan. 10. "Cases and Controversies" hosts Kimberly Robinson, Lydia Wheeler, and Greg Stohr review all the biggest news stories from the justices in 2024, from Justice Samuel Alito's flag controversy to Justice Ketanji Brown Jackson's dream-come-true Broadway debut. They also look ahead to the cases to be heard in 2025, which include an expedited appeal over the social media platform TikTok to another case that could cut back the p...
Dec 20, 2024•15 min
Justices from across the ideological spectrum appeared primed to limit the scope of environmental impact reviews, but it's unclear if they need a new test to do so. Cases and Controversies hosts Kimberly Robinson and Greg Stohr breakdown the Dec. 10 arguments in Seven County Infrastructure Coalition v. Eagle County, Colorado, an environmental case about how deep agencies must go in looking at the potential effects of new projects. Do you have feedback on this episode of Cases & Controversies...
Dec 13, 2024•16 min
Justices on both sides of the US Supreme Court’s ideological line seemed concerned about a future ruling on gender-affirming care for minors reaching far beyond Tennessee and transgender kids. Whether an appeals court erred in how it scrutinized the constitutionality of state laws that purport to discriminate against people based on their sex was a central part of Dec. 4 arguments in United States v. Skrmetti. Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler take listeners throu...
Dec 06, 2024•24 min
A case testing the federal government's ability to regulate potentially harmful tobacco products will kick off arguments at the US Supreme Court in December. The Biden Administration is fighting to keep off the market new liquids for e-cigarettes sold under flavors like "Blackberry Lemonade" and "Killer Kustard Blueberry" that can attract kids in its appeal of a US Court of Appeals for the Fifth Circuit decision to set aside the Food and Drug Administration's orders denying their approval. Typic...
Nov 22, 2024•19 min
The US Supreme Court struggled with where to draw the appropriate lines in bread-and-butter cases involving Nvidia Corp., criminal law, and immigration deadlines. In the securities case, the court looked for what Chief Justice John Roberts called a "sweet spot" in the Nvidia investor suit alleging the chipmaker at the heart of the AI boom misled the public about its dependence on crypto-mining revenue. In the criminal case, the justices described the argument that an attempted murder-for-hire sc...
Nov 15, 2024•17 min
The US Supreme Court struggled with how to ensure investors get accurate information without exposing companies to massive liability, in the multi-billion-dollar investor suit against Facebook’s parent company, Meta. The case centers on the fallout from Cambridge Analytica's unauthorized misuse of users data. Investors claim the tech giant mislead investors when warning that data misuse was a hypothetical risk at a time when Meta already knew that that political consulting firm had accessed info...
Nov 08, 2024•13 min
