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SCOTUStalk

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SCOTUStalk is a nonpartisan podcast about the Supreme Court for lawyers and non-lawyers alike, brought to you by SCOTUSblog. SCOTUStalk is hosted by Amy Howe and produced and edited by Ellena Erskine.

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Episodes

The shadow docket with Steve Vladeck

Since 2017, the Supreme Court has significantly increased its use of the process by which the justices hear and resolves emergency appeals, sometimes known as the shadow docket. These decisions are made without oral argument and often come in short unsigned orders. Stephen Vladeck, the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law, has closely tracked that change and its impact on the court as an institution in recent years. Vladeck joins Amy to discuss his...

May 17, 202336 minSeason 5Ep. 11

Section 230 and the internet

In the first week of the February session, the justices heard oral arguments in two cases about the scoop of liability tech companies may face for user content. Amy is joined by Megan Iorio of the Electronic Privacy Information Center to break down those arguments in Gonzalez v. Google and Twitter v. Taamneh . EPIC filed an amicus brief in Gonzalez in support of neither party. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell u...

Feb 28, 202323 minSeason 5Ep. 10

SCOTUS Spotlight: Daniel Geyser

In another edition of our series of interviews with Supreme Court advocates, Amy sits down with Daniel Geyser, head of the Supreme Court practice at Haynes Boone. Geyser has argued 15 cases before the court, including two this term. He shares his thoughts on how to take advantage of the new argument structure and his advice for first time advocates. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where ...

Feb 13, 202330 minSeason 5Ep. 9

What’s going on with Munsingwear?

In an essay published in The New York Times this fall, two law professors, Lisa Tucker and Stefanie Lindquist, argued that the Supreme Court is increasingly setting aside significant decisions from the lower courts as if they never happened. The court is invalidating these decisions in brief procedural orders under what’s known as “Munsingwear vacatur.” Amy sits down with Tucker and Lindquist to hear more about the trend. Send us a question about the court at scotustalk@scotusblog.com or leave u...

Jan 30, 202330 minSeason 5Ep. 8

Three decades covering the Supreme Court

After more than three decades covering the Supreme Court, Marcia Coyle has announced her retirement from the National Law Journal. Amy sits down with Coyle to discuss her career, her book, and how covering the court has changed over the years. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from. (Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for...

Jan 17, 202332 minSeason 5Ep. 7

Looking back at the term so far

The end of the calendar year means we’re about a third of the way through the SCOTUS year. Amy sits down with SCOTUSblog editor James Romoser to discuss the first three months of the 2022 term. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from. (Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information....

Dec 19, 202228 minSeason 5Ep. 6

The 800-pound gorilla

UCLA election law professor Richard Hasen joins Amy to explain Moore v. Harper, the case in which North Carolina legislators ask the justices to consider a theory that would give state legislatures near complete power to regulate federal elections without interference from state courts. Hasen breaks down the theory, known as the independent state legislature theory, and points to important briefs and potential outcomes to keep an eye out for. Moore v. Harper will be argued Wednesday, Dec. 7. Sen...

Dec 05, 202223 minSeason 5Ep. 5

Can a web designer refuse to design websites for same-sex weddings?

On Dec. 5 the justices will hear oral argument in 303 Creative v. Elenis , a clash between free speech rights and LGBTQ rights. Bloomberg News Supreme Court reporter Greg Stohr joins Amy to explain the case and what to expect at oral argument. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from. (Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for...

Nov 21, 202215 minSeason 5Ep. 4

The Supreme Court overturns Roe v. Wade

On Friday, June 24, the court ruled in Dobbs v. Jackson Women’s Health Organization that the Constitution does not confer a right to abortion. Amy talks with abortion law scholar Mary Ziegler, professor of law at University of California, Davis, about the decision and what it means for those seeking abortion care across the country. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling fr...

Nov 08, 202210 minSeason 4Ep. 25

SCOTUS Spotlight: Michael Dreeben on helping the justices have a conversation

Michael Dreeben, who has argued 107 cases at the Supreme Court, joins us for another episode in our SCOTUS Spotlight series. Dreeben looks back on notable moments from his career as an advocate, including his very first argument -- in which he faced off against another first-timer by the name of John Roberts. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from. (Music by Keys of Mo...

Nov 07, 202226 minSeason 5Ep. 3

Affirmative action comes to the Supreme Court

On Oct. 31, the Supreme Court will hear oral arguments in two cases challenging the race-conscious admissions programs of Harvard College and the University of North Carolina. Amy talks to lawyers on both sides of the dispute. David Hinojosa is the director of the Educational Opportunities Project at the Lawyers’ Committee for Civil Rights Under Law. He will argue on behalf of five former UNC students of color in defense of the school’s admissions program. Cory Liu is a partner at Ashcroft Sutto...

Oct 24, 202238 minSeason 5Ep. 2

The first week

The Supreme Court is back. After a packed first week of the 2022-23 term, Amy sits down with SCOTUSblog’s James Romoser and Katie Barlow to discuss the oral arguments, new dynamics on the bench, and a significant grant from the long conference. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from. (Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy fo...

Oct 10, 202229 minSeason 5Ep. 1

The October term 2022 preview

Another Supreme Court term will begin on Monday, October 3, with major cases on affirmative action, voting rights, and free speech. To talk through the cases already scheduled this year, Amy is joined by experienced Supreme Court attorneys Morgan Ratner, special counsel at Sullivan & Cromwell, and Jaime Santos, partner at Goodwin Procter. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re ...

Sep 26, 202237 minSeason 4Ep. 31

What it’s like to be a new justice

Justice Ketanji Brown Jackson will take the bench next month as the court’s newest member. Amy is joined by Marin Levy, a professor at Duke Law School, to talk about what it’s like to join the court. Levy runs a popular Twitter account where she chronicles the history of the federal judiciary. You can find her at @marinklevy . Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from. (M...

Sep 12, 202216 minSeason 4Ep. 30

SCOTUS Spotlight: Kannon Shanmugam on dealing with hostile questions

In our latest SCOTUS Spotlight episode, Amy sits down with Kannon Shanmugam, a partner at Paul Weiss and a former assistant to the solicitor general. He has argued 35 cases before the court. Hosted on Acast. See acast.com/privacy for more information.

Aug 29, 202229 minSeason 4Ep. 29

SCOTUS Spotlight: An interview with Roman Martinez

With the Supreme Court on summer recess, we are bringing back SCOTUS Spotlight, our series of interviews with lawyers who argue regularly before the court. Amy sits down with Roman Martinez, a partner at Latham & Watkins who has argued 11 cases at the court, both on behalf of the government and in private practice. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from. (Music by ...

Aug 15, 202234 minSeason 4Ep. 28

Courtartist Art Lien on his work and retirement

Art Lien, best known for his watercolor sketches of the Supreme Court (and for his colorful banners on SCOTUSblog), retired with the close of the 2021-22 term. Amy sits down with Art to discuss his life and retirement, and to get a glimpse of what it was like to capture history where cameras cannot go. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from. (Music by Keys of Moon Musi...

Jul 18, 202215 minSeason 4Ep. 27

Climate change at the Supreme Court

In the last opinion of the term, the Supreme Court ruled 6-3 in favor of a group of Republican-led states and coal companies to limit the Environmental Protection Agency’s ability to regulate carbon emissions system-wide. Amy sits down with investigative journalist and host of Drilled, Amy Westervelt, to discuss that case, West Virginia v. EPA , and what it means for the future of climate regulation. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202)...

Jul 01, 202221 minSeason 4Ep. 26

An important week for immigration law

During the week of June 13, the Supreme Court decided two immigration cases (involving bond hearings for noncitizens in immigration detention) and declined to decide a third (involving the Trump-era “public charge” policy for green card applicants). Shalini Bhargava Ray , who teaches immigration law and administrative law at the University of Alabama, joins Amy to break down these cases. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Pl...

Jun 20, 202218 minSeason 4Ep. 24

The woman who argued Planned Parenthood v. Casey

In Planned Parenthood v. Casey’s dramatic joint opinion, the Supreme Court upheld the right to access an abortion 30 years ago this month. Amy talks with Kathryn Kolbert, who argued the case for Planned Parenthood. Kolbert explains what the 1992 argument was like from the inside and how she views Dobbs v. Jackson Women’s Health Organization . An attorney, journalist, and non-profit executive, Kolbert argued two reproductive rights cases before the Supreme Court and served as the first vice presi...

Jun 06, 202225 minSeason 4Ep. 23

Entering the homestretch

Over the next six weeks the Supreme Court is poised to issue 35 opinions, on topics ranging from gun rights to religion and the EPA’s power to regulate greenhouse gases. Amy is joined by Steven Mazie of The Economist and SCOTUSblog’s James Romoser for a refresher on what’s at stake in those cases. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from. (Music by Keys of Moon Music via...

May 23, 202231 minSeason 4Ep. 22

The Dobbs draft

Amy sits down with SCOTUSblog’s media editor, Katie Barlow, to discuss the leaked draft in Dobbs v. Jackson Women’s Health Organization and the repercussions such an opinion would have on reproductive rights. Plus Amy explains the court’s request for additional briefing in Biden v. Texas , answers listener questions, and gives a look ahead at the coming weeks. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name...

May 09, 202243 minSeason 4Ep. 21

Prayer at the 50-yard line

On Monday, April 25, the court hears oral argument in Kennedy v. Bremerton School District, a case concerning a public school coach’s right to pray on the football field. In a two-part episode, Amy talks with Rachel Laser and Kelly Shackelford, representatives from the legal teams on each side. Rachel Laser, President of Americans United for Separation of Church and State representing the school district — 00:52 Kelly Shackelford, President and CEO of First Liberty Institute representing Coach J...

Apr 25, 202241 minSeason 4Ep. 20

The “reasonable observer” of prayer in school

Amy talks to Professor Nicole Stelle Garnett and supervising attorney John Meiser of the Religious Liberty Clinic at Notre Dame Law School about the amicus brief the clinic filed in Kennedy v. Bremerton School District . The brief calls on the court to address and throw out the “endorsement test." That test has been used to determine whether public religious expression is private or government speech. The court will hear argument in the case on April 25. Send us a question about the court at sco...

Apr 18, 202223 minSeason 4Ep. 19

The Jackson hearings: A week in review

Amy sits down with SCOTUSblog’s James Romoser and Katie Barlow to discuss all four days of Judge Ketanji Brown Jackson’s Senate Judiciary Committee hearings. Later in the episode: Justice Clarence Thomas in the hospital, Ginni Thomas’ texts, and major orders and opinions from the court. If you have a question about the hearings or upcoming cases at the Supreme Court, please email us at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where y...

Mar 25, 202232 minSeason 4Ep. 18

The Jackson hearings: Key moments from Day 3

At times moved to tears, Judge Ketanji Brown Jackson weathered another full day of questioning from the Senate Judiciary Committee on Wednesday. Here’s our recap of the major moments from day three of the hearings. If you have a question about the hearings that you’d like us to answer on SCOTUStalk, please email us at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from. (Senate Judiciary Committee audio via C-SPAN) (Mu...

Mar 24, 202217 minSeason 4Ep. 17

The Jackson hearings: Key moments from Day 2

For 12 hours on Tuesday, Judge Ketanji Brown Jackson answered questions from the Senate Judiciary Committee. Here's a 15-minute recap of some of the most significant questions and answers. Plus, Amy answers two listener questions. If you have a question about the hearings that you’d like us to answer on SCOTUStalk, please email us at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from. (Senate Judiciary Committee audio...

Mar 23, 202215 minSeason 4Ep. 16

The Jackson hearings: Key moments from Day 1

On Monday, hearings began in the Senate Judiciary Committee for the nomination of Judge Ketanji Brown Jackson to the Supreme Court. Here’s a recap of some of the most revealing remarks from senators on both sides of the aisle and from Jackson herself. If you have a question about the hearings that you’d like us to answer on SCOTUStalk, please email us at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from. (Senate Judi...

Mar 22, 202220 minSeason 4Ep. 15

The historic nomination of Judge Ketanji Brown Jackson

Dean Danielle Holley-Walker of Howard University Law School and SCOTUSblog’s Katie Barlow join Amy Howe to discuss the nomination of the first Black woman to the Supreme Court, what to expect out of the Senate in the coming weeks, and last week’s opinions. Discussed in this episode: Cameron v. EMW Women’s Surgical Center, P.S.C — 00:42 United States v. Zubaydah — 04:07 United States v. Tsarnaev — 08:54 Listener questions — 10:28 The nomination of Judge Ketanji Brown Jackson — 16:51 The confirmat...

Mar 07, 202231 minSeason 4Ep. 14

Midterm Review

Amy Howe is joined by David Savage, longtime Supreme Court reporter for the Los Angeles Times, to discuss the term so far and how it compares to previous blockbuster years. SCOTUStalk is launching a new Q&A feature. Send us your questions about the justices, how the Supreme Court works, or a case that’s pending before the court. We may answer your question on future episodes. You can email your questions to scotustalk@scotusblog.com or leave a voicemail at (202) 596-2906. Please tell us your...

Feb 22, 202223 minSeason 4Ep. 13
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