What is the Supreme Court’s “shadow docket”? John Elwood, head of Arnold & Porter’s appellate and Supreme Court Practice, sits down with SCOTUStalk host Amy Howe to explain the often opaque work that happens outside of the court’s regular roster of argued cases. For much more on the shadow docket and its increasing importance, check out SCOTUSblog’s recent symposium on how this group of cases has shaped issues such as voting procedures, coronavirus responses, capital punishment and more. Hos...
Nov 23, 2020•14 min•Season 3Ep. 4
The Supreme Court will hear argument Tuesday in one of the term’s biggest blockbusters: California v. Texas , the constitutional challenge to the Affordable Care Act. A group of Republican-governed states say the law’s individual insurance mandate is unconstitutional – and they are asking the court to strike down the entire law along with the mandate. Lydia Wheeler, a senior legal reporter for Bloomberg Law, sits down with SCOTUStalk host Amy Howe to preview the case and discuss how the three ne...
Nov 09, 2020•15 min•Season 3Ep. 3
Are we headed for another Bush v. Gore ? What would that case even look like in 2020? What is happening with all of the coronavirus-related litigation coming up to the Supreme Court right now? With less than a week to go before the 2020 election, SCOTUStalk host Amy Howe talks to election law expert and Ohio State University constitutional law professor Edward Foley about these questions and more. To follow all the latest developments on important election disputes that may reach (or have alread...
Oct 28, 2020•36 min•Season 3Ep. 2
Amid an ongoing pandemic, the recent death of Justice Ruth Bader Ginsburg and a looming confirmation battle, the eight justices of the Supreme Court began a new term last Monday. SCOTUStalk host Amy Howe sits down with SCOTUSblog media editor Katie Barlow to discuss the first week of the term, including an apparent procedural tweak to telephonic oral arguments and which justice is now handling emergency appeals from the U.S. Court of Appeals for the 2nd Circuit (Ginsburg had been the " circuit j...
Oct 12, 2020•14 min•Season 3Ep. 1
Who is Judge Amy Coney Barrett and what’s next for her confirmation battle? Amy Howe answers these questions and more on this week’s episode of SCOTUStalk. Amy sits down with SCOTUSblog media editor Katie Barlow to discuss the significance of President Donald Trump’s third nomination to the court, what the truncated confirmation timeline will be like, and what hot-button issues she would face as the court’s newest justice. The full transcript is below. [00:00:00] Oyez! Oyez! Oyez! Amy Howe: [00:...
Sep 28, 2020•26 min•Season 2Ep. 17
The members of the 2016-17 clerk class for Justice Ruth Bader Ginsburg started their clerkship amid great uncertainty and a grieving court. In the second in a two-part series of interviews with former Ginsburg clerks, SCOTUStalk host Amy Howe talked with all four of the justice’s clerks from that term: Subash Iyer, Hajin Kim, Beth Neitzel and Parker Rider-Longmaid. Between the recent death of Justice Antonin Scalia, a contentious election, and two nominations for one seat, they describe the year...
Sep 26, 2020•33 min•Season 2Ep. 16
SCOTUStalk Host Amy Howe spoke this week with two groups of former law clerks for the late Justice Ruth Bader Ginsburg. In the first of these interviews, Kelsi Brown Corkran, Lori Alvino McGill, and Amanda Tyler share their memories of meeting Ginsburg for the time and working for a boss who herself was such a hard worker. Full Transcript: [00:00:00] Oyez! Oyez! Oyez! Amy Howe: [00:00:03] This is SCOTUStalk, a nonpartisan podcast about the Supreme Court for lawyers and non-lawyers alike, brought...
Sep 24, 2020•29 min•Season 2Ep. 15
As soon as the public learned of the death of Justice Ruth Bader Ginsburg on Friday evening, mourners began gathering outside the Supreme Court. Leaving flowers, candles and messages in chalk written near the courthouse steps, thousands of people have paid their respects to a woman who inspired a generation and, late in life, attained an iconic status in American culture. Over the weekend, SCOTUSblog’s deputy manager, Katie Bart, interviewed members of the public who gathered in remembrance and ...
Sep 21, 2020•8 min•Season 2Ep. 13
Ever since Bush v. Gore , the case that effectively decided the 2000 presidential race, the Supreme Court increasingly has been asked to intervene in fraught disputes over election procedures. Add in a pandemic, and the 2020 election season promises to be unprecedented. This week on SCOTUStalk, SCOTUSblog’s social media editor, Katie Barlow, joins Amy Howe to break down the court’s influence on the election. They survey major election-related rulings the justices have already handed down this su...
Sep 14, 2020•18 min•Season 2Ep. 12
Deanne Maynard, co-chair of Morrison & Foerster’s appellate and Supreme Court practice, has argued 14 cases before the Supreme Court since her first oral argument in 2004. On this week’s episode of SCOTUStalk, Amy Howe interviews Maynard on how she prepares to argue before the justices, how she pivots away from hostile questions, and why hypotheticals can be the toughest questions of all. Howe also takes Maynard back to her first oral argument — accompanied by live audio — and what went thro...
Aug 31, 2020•35 min•Season 2Ep. 11
Tom Goldstein, the publisher of SCOTUSblog and partner at Goldstein & Russell, P.C., has argued more than 40 cases before the Supreme Court since his first oral argument in 1999. On this week’s episode of SCOTUStalk, Amy Howe interviews Goldstein on what it’s like to advocate before the nine and how that experience has changed over the past 20 years. Goldstein offers a few tips for success along with audio-accompanied stories about taking heavy fire from a hot bench, joking with Chief Justic...
Aug 17, 2020•25 min•Season 2Ep. 10
The Affordable Care Act will come before the Supreme Court this fall for the seventh time in eight years. Julie Rovner, the chief Washington correspondent for Kaiser Health News and veteran health policy reporter, joins Amy Howe in the latest episode of SCOTUStalk to break down the case, California v. Texas . They talk about the history of ACA challenges and why this time is different. Amy and Julie also pick apart some potential clues from this past term about a key issue in the case: the sever...
Aug 03, 2020•16 min•Season 2Ep. 9
The Supreme Court’s 2019-20 term was one for the records books. The court offered live audio of oral arguments in May for the first time in history, and it released opinions well into July for the first time in more than two decades. Who better to delve into the good, the bad and the ugly of the term than 60-year Supreme Court reporting veteran Lyle Denniston? In the latest episode of SCOTUStalk, Amy Howe and Lyle discuss the court’s new dynamic ideological center, Justice Clarence Thomas as one...
Jul 20, 2020•21 min•Season 2Ep. 8
When the Supreme Court building closed due to the coronavirus, some of the remaining arguments for the term were rescheduled for a special May session via telephone. For the first time, live audio of oral arguments was made available to the public. SCOTUSblog's co-founders, Tom Goldstein and Amy Howe, talk about the toilet flush heard around the world, the unusually active participation of Justice Clarence Thomas and whether the court should adopt any of the changes made for this session when it...
May 21, 2020•26 min•Season 2Ep. 7
Since October, SCOTUSblog has been outside the Supreme Court collecting data and stories from people who traveled to see oral arguments in person during the 2019-2020 term. On December 11, 2019, two of our staff attempted to obtain seats via the public line to watch an argument. They recorded their experience in hopes that it would aid others who want to be part of the audience in the courtroom. Hosted on Acast. See acast.com/privacy for more information....
Apr 21, 2020•12 min•Season 2Ep. 6
This week on SCOTUStalk , Amy Howe sits down with Marcia Coyle, who covers the Supreme Court for the National Law Journal, to discuss the oral arguments in two cases heard by the court last week -- the first about a Louisiana law requiring abortion providers to have admitting privileges at nearby hospitals and the second involving the leadership structure of the Consumer Financial Protection Bureau. Hosted on Acast. See acast.com/privacy for more information....
Mar 12, 2020•23 min•Season 2Ep. 5
On Thursday, February 20, Casetext and SCOTUSblog hosted the second webinar in a two-part series previewing the biggest decisions expected this term at the Supreme Court. Tom Goldstein and Kevin Russell covered President Donald Trump’s tax returns, religious school funding, the future of the Consumer Financial Protection Bureau and faithless electors in the 2020 presidential race. The webinar was co-sponsored by the American Constitution Society and the Federalist Society . Hosted on Acast. See ...
Feb 20, 2020•58 min•Season 2Ep. 4
On January 28, Casetext and SCOTUSblog conducted the first webinar in a two-part series previewing the biggest decisions expected this term at the Supreme Court. Casetext chief operating officer and general counsel Laura Safdie moderated the panel, featuring SCOTUSblog founder and Goldstein & Russell partner Tom Goldstein and Goldstein & Russell partner Sarah Harrington. The webinar covered high-profile cases involving Title VII and LGBT discrimination, the DACA program, the Second Amend...
Jan 28, 2020•59 min•Season 2Ep. 3
This week on SCOTUStalk , Amy Howe sits down with Kevin Russell to discuss the oral arguments in the LGBT employment discrimination cases heard by the court last week. The pair talk about Pam Karlan's opening argument in Bostock v. Clayton County , the two-minute rule, Justice Kagan's interpretation of "because of sex" and Justice Gorsuch's concern about the "massive social upheaval that would be entailed" by deciding that sex discrimination under Title VII covers transgender people. Kevin Russe...
Oct 17, 2019•19 min•Season 2Ep. 2
Last week Amy Howe and John Elwood joined Jeffrey Rosen on the National Constitution Center's podcast "We the People" to preview the Supreme Court term that began this morning. The three discuss cases involving LGBT employment discrimination, DACA, public funding for private religious schools, gun rights and abortion. Hosted on Acast. See acast.com/privacy for more information.
Oct 07, 2019•58 min•Season 2Ep. 1
This week on SCOTUStalk , Amy Howe of Howe on the Court joins Tony Mauro, who recently retired after nearly four decades covering the Supreme Court. Howe asks Mauro about what he saw on the Supreme Court beat – from the justices deciding an election to contentious confirmation hearings – and what he was hoping to see – from better recruitment of minority law clerks to cameras in the court. Hosted on Acast. See acast.com/privacy for more information....
Sep 30, 2019•18 min•Season 1Ep. 17
This week on SCOTUStalk , Amy Howe of Howe on the Court continues her series interviewing Supreme Court advocates. In this episode, William M. Jay discusses his career arguing 17 cases before the court. Jay is a partner at Goodwin and previously served for five years as an Assistant to the Solicitor General. Hosted on Acast. See acast.com/privacy for more information....
Aug 20, 2019•16 min•Season 1Ep. 16
This week at SCOTUStalk , Amy Howe of Howe on the Court begins a four-part series interviewing Supreme Court advocates. In this episode, Paul Smith discusses his notable career arguing 21 cases before the court. Smith is a professor at Georgetown University Law Center and Vice President of the Campaign Legal Center. Hosted on Acast. See acast.com/privacy for more information....
Aug 12, 2019•20 min•Season 1Ep. 15
On June 28, SCOTUSblog’s Tom Goldstein and Sarah Harrington participated in a webinar discussing the major cases at the Supreme Court this term. The discussion, moderated by Laura Safdie from Casetext, covered Department of Commerce v. New York , holding that a question about citizenship cannot be added to 2020 census until the Commerce Department provides an adequate explanation for doing so, Rucho v. Common Cause and Lamone v. Benisek , holding that partisan-gerrymandering claims present polit...
Jul 09, 2019•59 min•Season 1Ep. 14
In this week’s episode of SCOTUStalk, Amy Howe of Howe on the Court reviews Monday’s Supreme Court orders and opinions. The justices released their decisions in four argued cases: Iancu v. Brunetti , United States v. Davis , Food Marketing Institute v. Argus Leader Media and The Dutra Group v. Batterton . The justices also granted review in eight cases, for a total of five hours of oral argument. The Supreme Court will release decisions in more of its eight remaining cases on Wednesday, June 26....
Jun 25, 2019•6 min•Season 1Ep. 13
In this week’s episode of SCOTUStalk, Amy Howe of Howe on the Court reviews Monday’s Supreme Court orders and opinions. The justices released their decisions in four argued cases: Manhattan Community Access Corp. v. Halleck , Virginia Uranium Inc. v. Warren , Gamble v. United States and Virginia House of Delegates v. Bethune-Hill . The justices also granted, vacated and remanded Klein v. Oregon Bureau of Labor and Industries . The Supreme Court will release decisions in more of its 20 remaining ...
Jun 19, 2019•8 min•Season 1Ep. 12
In this week’s episode of SCOTUStalk , Amy Howe of Howe on the Court and Tom Goldstein take a look at what’s ahead at the Supreme Court for the final weeks of June. The justices have 24 argued cases still to decide, including a number of the more high-profile cases from this year’s docket: Gundy v. United States , The American Legion v. American Humanist Association , Department of Commerce v. New York , and partisan-gerrymandering cases Rucho v. Common Cause and Lamone v. Benisek . Hosted on Ac...
Jun 10, 2019•19 min•Season 1Ep. 11
In this week’s episode of SCOTUStalk , Amy Howe of Howe on the Court briefly covers the latest Supreme Court news before speaking with Tom Goldstein of SCOTUSblog and David Savage of the Los Angeles Times about abortion and recent legislation aimed at overturning Roe v. Wade. Hosted on Acast. See acast.com/privacy for more information....
May 20, 2019•20 min•Season 1Ep. 10
In this week’s episode of SCOTUStalk , Amy Howe of Howe on the Court briefly covers the latest Supreme Court news before speaking with John Elwood about the essentials concerning petitions for certiorari. Elwood is a partner at Vinson & Elkins and the author of “ Relist Watch .” (In the episode, Elwood suggested there were eight previously rescheduled cases. He later clarified with us that there were five: Illinois Central Railroad Company v. Tennessee Department of Revenue, Hunter v. United...
May 13, 2019•22 min•Season 1Ep. 9
In this week’s episode of SCOTUStalk , Tom Goldstein and Kevin Russell join Amy Howe of Howe on the Court to discuss the Supreme Court's announcement that it will weigh in next term on whether federal employment discrimination laws protect LGBT employees in Bostock v. Clayton County, Georgia , Altitude Express Inc. v. Zarda and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission . Hosted on Acast. See acast.com/privacy for more information....
May 06, 2019•18 min•Season 1Ep. 8
