The Supreme Court heard tense cases over public corruption prosecutions and new deportation guidelines for ICE agents this week, but there was news outside the courtroom as well when the court's in-house lawyer rejected allegations that Justice Samuel Alito divulged the outcome of a 2014 case at a dinner party. Law360's The Term discusses the latest in this week's episode.
Overlooked for much of his career, Justice Samuel Alito was the toast of last week's Federalist Society gala for his landmark majority opinion overturning Roe v. Wade. Law360's The Term discusses the justice's moment in the spotlight and the fast-moving fight over President Donald Trump's tax returns.
The Supreme Court appeared divided Wednesday as it considered the legality of a 1978 law requiring state family courts to prioritize placing Indian foster children with native households. Law360's The Term recaps the 3-hour hearing on the Indian Child Welfare Act in this week's episode.
A month after turning away former President Donald Trump's appeal in the Mar-a-Lago document case, the Supreme Court is facing another request from the last occupant of the White House: shield his tax returns from House Democrats. Law360's "The Term" breaks down the latest "shadow docket" news on this week's podcast episode, plus a rare courtroom protest over abortion that rocketed an obscure tax case to the headlines.
Harvard University, the University of North Carolina and various colleges around the country may soon have to reckon with a Supreme Court ruling declaring their race-conscious admissions policies to be unlawful, judging by the tone of Monday's oral arguments on the fate of affirmative action in higher education. Law360's The Term discusses what we learned from the roughly five-hour sitting on this special episode.
The composition of the Supreme Court has changed dramatically since Carter Phillips' first argument in 1982, but his preparation for his 89th argument next month will be largely the same. The Sidley Austin partner spoke to Law360's The Term this week on the lessons learned from his prolific career, and why he isn't surprised by his former colleague Justice Samuel Alito's rising profile on the nation's top court. Plus, a look at the latest election litigation on the justices' "shadow docket."
A California initiative banning pork sold from sows raised in small confined spaces set off a two-hour debate at the Supreme Court this week, with the justices concerned about an escalatory "war" of morality laws between states with different political leanings. The Term breaks down the case on this week’s episode, as well as a pop culture-infused hearing over Andy Warhol's silkscreen of the late singer Prince.
Justice Ketanji Brown Jackson blasted off the blocks of her Supreme Court career this week, diving into oral arguments with a rare clarity of purpose for a new court member. Law360's The Term breaks down her enthusiastic start on this week's episode, plus some new Supreme Court cases and what they mean for BigTech.
As the U.S. Supreme Court prepares for the 2022-2023 term with a slate of new blockbuster cases, fall-out from last term's Dobbs decision and its leaked draft is still reverberating. While pandemic-era restrictions at the court are loosening, the hosts discuss with veteran court reporter Amy Howe what kind of "new normal" to expect at the high court, as well as walk through some of the high-profile cases court watchers should keep an eye on this season.
A Supreme Court term that by any measure was historic has concluded, and it takes a village of podcasters to untangle everything that happened. So this week, hosts from Pro Say team up with the hosts of The Term to discuss this momentous term. We take a look at the conservative supermajority’s turn toward originalism and the shifting power dynamics among the justices. We also dive into the biggest decisions of the term, from a trio of rulings about religion to a climate change fight that has big...
Thursday's swearing in of Justice Ketanji Brown Jackson as the first African American woman on the U.S. Supreme Court made history, but it was arguably the court's decision, just hours before, to curb the Environmental Protection Agency's authority to impose sweeping climate regulations that grabbed the most attention. Law360's The Term breaks down the final day before summer recess.
On Friday, the Supreme Court overturned Roe v. Wade and upheld a Mississippi law banning abortions after 15 weeks of pregnancy. In this special episode, Law360's The Term breaks down the historic ruling and its potential impacts with constitutional scholar and professor Carolyn Shapiro.
States that require applicants to show a heightened need to obtain a license to carry firearms are violating the Constitution, the Supreme Court said in a blockbuster gun rights decision expanding the Second Amendment to outside the home. Law360's The Term discusses the ruling and other high court action on this week's episode, including the biggest religious freedom victory of the term.
Handing down 11 opinions this week, the justices took a sizable bite out of its backlog and seem determined to wrap up its work on time before summer recess. From double jeopardy to immigration law, Law360's The Term explores the more noteworthy decisions buried in the week's caseload.
The Supreme Court is entering its blockbuster final stretch with just under 30 cases to go before summer recess, but the arrest this week of a man allegedly threatening to kill Justice Brett Kavanaugh has refocused attention on the personal safety of the justices. On this week’s episode of The Term we examine the latest threats surrounding the court and its members, plus highlight two rulings from the week including another worker victory in an arbitration case, and immunity for border patrol of...
With a report that the Supreme Court marshal is demanding cell records and affidavits from law clerks to find the source of the leaked abortion draft opinion, a veteran white collar defense lawyer joins Law360's The Term podcast on what advice he would give these elite, yet inexperienced, young attorneys. Also this week, the high court is on a record slow pace issuing opinions this term, but handed down one shadow docket ruling blocking a controversial Texas social media law.
The Supreme Court has long held that ineffective assistance of counsel gives rise to a Sixth Amendment claim, but what happens when the lawyers tasked with making such a claim are themselves ineffective? On this week’s episode of The Term we discuss how Monday's ruling in Shinn v. Ramirez will make it difficult to do anything about that. We’re also breaking down the rare loss for arbitration this week after the justices sided with a former Taco Bell worker whose overtime lawsuit had stalled in a...
The Supreme Court has eliminated much of the risks associated with congressional candidates lending to their own political campaigns. This week on The Term, we’re discussing the court’s decision to strike down loan repayment restrictions passed 20 years ago to combat corruption, and why dissenting justices think it greenlights "sordid bargains" between donors and winning candidates. We’re also breaking down a second major opinion from the week with big implications for immigration proceedings, a...
This week, Law360's The Term podcast discusses the continued fallout over last week's leaked draft opinion overturning Roe v. Wade, including additional security for justices who are now facing protests of a much more personal nature—outside their homes. Plus, the hosts talk to Skadden's Shay Dvoretzky about his career as a Supreme Court lawyer.
Justice Samuel Alito based his draft decision overturning Roe v. Wade on the idea that abortion rights are not "deeply rooted" in the nation's history. On this week's episode of The Term, we welcome constitutional scholar and Stanford Law Professor Bernadette Meyler to discuss how Justice Alito's leaked bombshell opinion deals with a subject of intense historical debate.
This week, Law360's The Term podcast discusses Oklahoma's attempt to contain the fallout from a 2020 Supreme Court ruling that classified a huge swath of the state as Indian Country. Plus, should the Biden administration have to continue a Trump policy of sending migrants back to Mexico while their immigration claims are pending? And finally, a touching goodbye to Justice Stephen Breyer by Chief Justice John Roberts, as the court concluded its last oral argument of the term and the last of the s...
Was a Washington high school football coach simply exercising his First Amendment rights when he prayed after games at the 50-yard line? Or was he actually pressuring students into joining him as a public school employee? The Supreme Court will search for the truth this Monday in a case explored on this episode of Law360's The Term podcast.
A historic confirmation. More shadow docket drama. Plus, what Justice Amy Coney Barrett is telling Americans to do before reacting to the blockbuster opinion season coming up. On this week’s episode of The Term we’re catching up on a busy week in Supreme Court news, including the official, not-quite partisan vote to make Judge Ketanji Brown Jackson the next Supreme Court justice, and an opinion from Monday that could make it easier for plaintiffs to sue prosecutors for malicious prosecutions.
It was a banner week for the Federal Arbitration Act in the U.S. Supreme Court this week, as the justices examined the nearly 100-year-old law in multiple cases, including one with huge ramifications for the nation's most populous state of California. On this week’s episode of The Term we’re breaking down the ongoing battle between workers and employers over the FAA.
Four days. Emotional moments. Fierce partisanship. D.C. Circuit Judge Ketanji Brown Jackson made it through the crucible of the Senate Judiciary Committee this week, withstanding more than 20 hours of questioning from lawmakers. On this week’s episode of The Term we welcome Law360 congressional reporter James Arkin to discuss what we learned about the potential next U.S. Supreme Court justice.
The U.S. Supreme Court is famously slow to embrace change, but its experiment with live audio during the pandemic has been hailed by lawyers and court watchers as a success. This week, Law360's The Term speaks with Gabe Roth of the judicial watchdog group Fix the Court about that newfound public access, and various other ways to make one of the nation's most powerful institutions more transparent.
The U.S. Supreme Court turned away Republican challenges to court-ordered congressional maps in North Carolina and Pennsylvania, but a growing number of justices are showing interest in a novel legal theory that curbs the power of state courts to draw electoral maps. Law360's The Term explores the situation in this week's episode.
We saw an uptick in opinions from the Supreme Court this week, and we're discussing all four of the decisions that were handed down on this week's episode of The Term, including the Boston bomber's reinstated death sentence and the CIA's victory in a state secrets case.
From being Matt Damon's scene partner as an undergrad to getting swamped with 150 cases as a rookie judge, Supreme Court nominee Ketanji Brown Jackson has publicly shared a number of stories over the years from her life and career as a self-identified "professional vagabond." On this special episode of The Term, we pore through an archive of speeches, panels and hearings to explore how D.C. Circuit Judge Jackson became the first African American woman nominated to the Supreme Court.
The U.S. Supreme Court is set to examine the Environmental Protection Agency's authority to regulate against climate change at a highly-anticipated hearing on Monday. On this week’s episode of The Term, we explore how the case could affect the ability of federal agencies writ-large to set public policy. Also this week, we discuss the justices’ decision this week to revisit the contentious battle between LGBTQ rights and religious wedding vendors.
