On February 25, 2025, the U.S. Supreme Court issued their 5-3 opinion in Glossip v. Oklahoma. The Court held that the prosecution violated its constitutional obligation to correct false testimony under Napue v. Illinois. and the Court has the jurisdiction to review the judgment of the Oklahoma Court of Criminal Appeals. Please join us in discussing the decision and its future implications. Featuring: Zack Smith, Legal Fellow and Manager, Supreme Court and Appellate Advocacy Program, The Heritage...
Apr 02, 2025•19 min
On February 21, 2025, the U.S. Supreme Court issued their 9-0 opinion in Williams v. Reed. The Court held that state courts may not deny those claims on failure-to-exhaust grounds when a state court’s application of a state exhaustion requirement in effect immunizes state officials from 42 U.S.C. § 1983 claims challenging delays in the administrative process. Please join us in discussing the decision and its future implications. Featuring: Prof. Tyler Lindley, Associate Professor of Law, Brigham...
Mar 24, 2025•35 min
On February 26, 2025, the U.S. Supreme Court issued their 9-0 opinion in Dewberry Group, Inc. v. Dewberry Engineers Inc. The Court held that in a trademark infringement suit under the Lanham Act the court, when awarding the "defendant’s profits" to the prevailing plaintiff, can award only profits ascribable to the "defendant" itself. Please join us in discussing the decision and its future implications. Featuring: Prof. Jake Linford, Loula Fuller & Dan Myers Professor and Associate Dean for Rese...
Mar 19, 2025•25 min
On February 21, 2025, the U.S. Supreme Court issued their 9-0 opinion in Wisconsin Bell, Inc. v. United States, ex rel. Todd Heath. Because the government “provided” (at a minimum) a “portion” of the money applied for by transferring more than $100 million from the Treasury into the fund, the E-Rate reimbursement requests in this case are "claims" under the False Claims Act. Please join us in discussing the decision and its future implications. Featuring: John Masslon, Counsel, Keller Postman LL...
Mar 14, 2025•19 min
On January 17, 2025, the U.S. Supreme Court issued their 9-0 opinion in TikTok, Inc. v. Garland. The Court held that the Protecting Americans from Foreign Adversary Controlled Applications Act's provisions challenged by the petitioners do not violate the First Amendment rights of those petitioners. Please join us in discussing the decision and its future implications. Featuring: Darpana Sheth Nunziata, Public Interest Litigator
Mar 13, 2025•25 min
On February 25, 2024, the U.S. Supreme Court issued their 7-2 opinion in Lackey v. Stinnie. The Court held that a party that receives a preliminary injunction but does not obtain a final judgment on the merits before a case becomes moot is not a "prevailing party" eligible for attorney's fees under 42 U.S.C. §1988(b) Please join us in discussing the decision and its future implications. Featuring: William Maurer, Managing Attorney of the Washington Office, Institute for Justice...
Mar 12, 2025•24 min
On June 27, 2024, the U.S. Supreme Court issued their 6-3 opinion in SEC v. Jarkesy. The Court held that when the Securities and Exchange Commission seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial. Please join us in discussing the decision and its future implications. Featuring: Devin Watkins, Attorney, Competitive Enterprise Institute
Sep 04, 2024•17 min
On June 26, 2024, the Supreme Court issued their opinion in Murthy v. Missouri. Originally filed as Missouri v. Biden, this case concerns whether federal government officials violated five individuals’ freedom of speech by “coercing” or “significantly encouraging” social media companies to remove or demote particular content from their platforms. Experts discuss and react to this 6-3 ruling. Featuring: Moderator: Brent Skorup, Legal Fellow, Center for Constitutional Studies, Cato Insitute Speake...
Sep 03, 2024•31 min
On June 13, 2024, the Supreme Court issued its ruling in Food and Drug Administration v. Alliance for Hippocratic Medicine holding that the plaintiffs lacked Article III standing to challenge the Food and Drug Administration’s regulatory actions regarding mifepristone. Join us to hear our panel break down the decision and discuss its potential ramifications. Featuring: Adam Unikowsky, Partner, Jenner & Block LLP Megan M. Wold, Partner, Cooper & Kirk (Moderator) Prof. Teresa Stanton Collett, Prof...
Aug 21, 2024•24 min
On June 28, 2024, the Supreme Court issued its 6-2 decision in Loper Bright Enterprises v. Raimondo and its 6-3 decision in Relentless Inc. v. Department of Commerce. These decisions overturning Chevron v. NRDC (1984) may notably change the nature of the administrative state and the role of judges in reviewing agency actions moving forward. Join us as we will discuss and break down the decision and the potential future impacts of this sea change in administrative law. Featuring: Prof. Ronald M. ...
Aug 14, 2024•23 min
On March 19, 2024, the Supreme Court issued its ruling in Federal Bureau of Investigation v. Fikre. At issue was whether or not the government failed to meet its burden to demonstrate that respondent's removal from the government’s No Fly List mooted his 42 U.S.C. § 1983 case. Join us to hear Joseph Davis break down the decision and discuss its potential ramifications. Featuring: Mr. Joseph Davis, Legal Counsel, Becket Fund for Religious Liberty
May 31, 2024•10 min
On May 23, 2024, the Supreme Court issued its ruling in Coinbase, Inc. v. Suski. At issue was whether a court or an arbitrator must decide which contract governs where parties have agreed to two contracts — one sending arbitrability disputes to arbitration, and the other either explicitly or implicitly sending arbitrability disputes to the courts. Join us to hear Professor Tamar Meshel break down the decision and discuss its potential ramifications Featuring: Prof. Tamar Meshel, Associate Profes...
May 30, 2024•17 min
On February 21, 2024, the Supreme Court issued its ruling in Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC. At issue was whether choice-of-law provisions in maritime contracts are presumptively enforceable under federal maritime law. Join us to hear Professor Andrew Hessick break down the decision and discuss its potential ramifications. Featuring: Prof. Andrew Hessick, Judge John J. Parker Distinguished Professor of Law and Associate Dean for Strategy & Planning, University of Nor...
May 08, 2024•15 min
On April 17, 2024, the Supreme Court issued its ruling in Muldrow v. City of St. Louis, Missouri. At issue was whether an employee challenging a job transfer under Title VII must show that the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be significant. Join us to hear Alison Somin break down the decision and discuss its potential ramifications. Featuring: Mrs. Alison Somin, Legal Fellow, Center for the Separation of Pow...
May 07, 2024•16 min
On April 12, 2024, the Supreme Court issued its ruling in Bissonnette v. LePage Bakeries Park St., LLC. At issue was whether a transportation worker need not work in the transportation industry to be exempt from coverage under Section 1 of the Federal Arbitration Act. Join us to hear Professor Samuel Estreicher break down the decision and discuss its potential ramifications. Featuring: Prof. Samuel Estreicher, Dwight D. Opperman Professor of Law and Director, Center for Labor, New York Universit...
May 03, 2024•15 min
On April 25, 2024, the Supreme Court heard oral argument in Trump v. United States. The Court considered whether, and if so to what extent does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office. Please join us as we break down and analyze how oral argument went before the Court. Featuring: Mr. Steven Bradbury, Distinguished Fellow, The Heritage Foundation
May 02, 2024•27 min
On April 12, 2024, the Supreme Court issued its ruling in Sheetz v. County of El Dorado, California. At issue was 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. Join us to hear Nancie Marzulla and Jayson Parsons break down the decision and discuss its potential ramifications. Featuring: Ms. Nancie Marzulla, Partner, ...
Apr 30, 2024•23 min
On April 16th, 2024, the Supreme Court issued its ruling in Devillier v. Texas. At issue was whether owners of property north of U. S. Interstate Highway 10 adversely affected by the flood evacuation barrier constructed by Texas should be permitted on remand to pursue their takings clause claims through the cause of action available under Texas law. Join us to hear Prof. Ilya Somin break down the decision and discuss its potential ramifications. Featuring: Prof. Ilya Somin, Professor of Law, Geo...
Apr 29, 2024•18 min
On April 17, 2024, the Supreme Court issued its ruling in McIntosh v. United States. At issue was whether a district court’s failure to comply with Federal Rule of Criminal Procedure 32.2(b)(2)(B)’s requirement to enter a preliminary order imposing criminal forfeiture before sentencing bars a judge from ordering forfeiture at sentencing subject to harmless-error principles on appellate review. Join us to hear Stefan Cassella break down the decision and discuss its potential ramifications. Featur...
Apr 26, 2024•18 min
On April 12, 2024, the Supreme Court issued its ruling in Macquarie Infrastructure Corp. v. Moab Partners, L.P. At issue was whether 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. Join us to hear Prof. Adam Pritchard break down the decision and its potential r...
Apr 24, 2024•13 min
On March 15, 2024, the Supreme Court issued its ruling in Pulsifer v. United States. The Supreme Court considered an Eighth Circuit case that raised the question: "Must a defendant show he does not meet any of the criteria listed in 18 U.S.C. § 3553(f) to qualify for a sentence lower than the statutory minimum?" At issue was the meaning of the word "and" in the statute, and whether text and context required "and" in this case be read as "and" to mean "or". Join us to hear Vikrant Reddy break dow...
Mar 26, 2024•18 min
On February 28, 2024, the Supreme Court heard oral argument in Garland v. Cargill. The Court considered whether bump stocks are considered "machineguns" as defined by Title 26 of the United States Code. Please join us as we break down and analyze how oral argument went before the Court. Featuring: Stephen Halbrook, Senior Fellow, Independent Institute (Moderator) Robert Leider, Assistant Professor of Law, George Mason University, Antonin Scalia Law School
Mar 20, 2024•47 min
On March 4, 2024, the Supreme Court issued its ruling in Trump v. Anderson. At issue was whether the Colorado Supreme Court erred in ordering former President Donald Trump excluded from the 2024 presidential primary ballot; the Court held that Colorado did err in excluding Trump from the ballot. Join us to hear Professor Muller break down the decision and offer his criticism of the Court's reasoning and ruling. Featuring: Prof. Derek Muller, Professor of Law, Notre Dame Law School...
Mar 20, 2024•17 min
On January 9, 2024, the Supreme Court will hear oral argument in Sheetz v. County of El Dorado, CA. The Court considered 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 Please join us as we break down and analyze how oral argument went before the Court. Featuring: David Lanferman, Partner, Rutan & Tucker LLP Nancie Mar...
Feb 02, 2024•34 min
On January 17, 2024 the Supreme Court heard oral arguments in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce. The Court considered whether it 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. Join us as we break down and analyze how oral argument went ...
Jan 31, 2024•30 min
On January 16, 2024, the Supreme Court heard oral argument in Macquarie Infrastructure Corp. v. Moab Partners, L.P. The Court considered whether 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. Featuring: Professor Adam Pritchard, Frances and George Skestos Prof...
Jan 17, 2024•21 min
On November 29, 2023, the Supreme Court heard oral argument in Securities and Exchange Commission v. Jarkesy. The Court considered three questions – (1) Whether statutory provisions that empower the Securities and Exchange Commission (SEC) 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 ...
Jan 11, 2024•29 min
On December 5, 2023, the Supreme Court heard oral argument in Moore v. United States. The Court considered whether the 16th Amendment authorizes Congress to tax unrealized sums without apportionment among the states. Join us as we break down and analyze how oral argument went before the Court. Featuring: Professor David Schizer, Dean Emeritus and Harvey R. Miller Professor of Law and Economics, Columbia University Law School
Dec 07, 2023•28 min
On December 4, 2023, the Supreme Court heard oral argument in Harrington v. Purdue Pharma L.P. The Court considered whether as part of a plan of reorganization under a Chapter 11 bankruptcy, if the Bankruptcy Code authorizes a court to approve a release that extinguishes claims held by nondebtors against nondebtor third parties, without the claimants’ consent. Join us as we break down and analyze how oral argument went before the Court. Featuring: Professor Anthony Casey, Donald M. Ephraim Profe...
Dec 05, 2023•34 min
On November 7, 2023, the Supreme Court heard oral argument in United States v. Rahimi. The Court considered whether 18 U.S.C. § 922(g)(8), prohibiting the possession of firearms by persons subject to domestic-violence restraining orders, violated the Second Amendment on its face Join us as we break down and analyze how oral argument went before the Court. Featuring: Professor Mark W. Smith, Presidential Scholar and Senior Fellow in Law and Public Policy, The King’s College...
Dec 01, 2023•36 min
