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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.

Hosted on Acast. See acast.com/privacy for more information.

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Episodes

Alabama’s redistricting on the shadow docket

Amy Howe is joined by Professor Ciara Torres-Spelliscy, of Stetson Law, to discuss the court’s decision earlier this week to reinstate Alabama’s voting map, which a lower court ruled dilutes Black votes. 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...

Feb 11, 202220 minSeason 4Ep. 12

Chris Geidner and Kimberly Robinson on Stephen Breyer's legacy

Two veteran legal journalists -- Chris Geidner of Grid and Kimberly Robinson of Bloomberg Law -- join fellow veteran legal journalist Amy Howe to discuss Justice Stephen Breyer's most important opinions and who might replace him on the bench. 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@scot...

Feb 07, 202232 minSeason 4Ep. 11

The retirement of Stephen Breyer

Tom Goldstein joins Amy Howe to discuss Breyer’s retirement, the most likely candidates to succeed him, and the upcoming White House vetting process. 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 first name and where y...

Jan 28, 202216 minSeason 4Ep. 10

Squabbles over masks and shadow-docket tasks

Amy Howe and Katie Barlow review a busy Supreme Court week, including a new cert grant in a religious-freedom case, the latest action on the shadow docket, and “maskgate.” 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 ...

Jan 24, 202230 minSeason 4Ep. 9

Breaking down the vaccine arguments

Sean Marotta, a partner at Hogan Lovells and an expert on the legal challenges to Biden vaccine policies, joins us to dissect Friday’s remarkable oral arguments. If you have questions about the court, the justices, or an upcoming case, please email us at scotustalk@scotusblog.com . We may answer your question on a future episode of SCOTUStalk. (Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information....

Jan 10, 202225 minSeason 4Ep. 8

Term limits, transparency, and other proposed Supreme Court fixes

Gabe Roth, the executive director of Fix the Court, discusses the Biden court commission's final report and why he believes term limits are the superior court reform. If you have questions about the court, the justices, or an upcoming case, please email us at scotustalk@scotusblog.com . We may answer your question on a future episode of SCOTUStalk. (Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information....

Dec 27, 202129 minSeason 4Ep. 7

The Texas abortion decision and the Mississippi abortion argument

Mary Ziegler, a professor at Florida State University and the foremost expert on abortion law, analyzes the ruling in Whole Woman's Health v. Jackson and the argument in Dobbs v. Jackson Women's Health Organization . Hosted on Acast. See acast.com/privacy for more information.

Dec 13, 202120 minSeason 4Ep. 6

Roe, Dobbs, and the current state of abortion access

In advance of Wednesday's oral argument in the momentous abortion case, Shefali Luthra, a gender and health care reporter for The 19th, joins SCOTUStalk to describe what abortion access in Mississippi looks like on the ground and how the court's ruling might play out. Hosted on Acast. See acast.com/privacy for more information.

Nov 29, 202115 minSeason 4Ep. 5

Two weeks of action-packed arguments

Over the first two weeks of November, the court heard cases on abortion in Texas, gun rights in New York, religious rights of death-row inmates, and more. Katie Barlow joins Amy Howe to break it all down. Hosted on Acast. See acast.com/privacy for more information.

Nov 16, 202134 minSeason 4Ep. 4

Abortion, guns, and the rocket docket

In advance of a momentous November argument session, SCOTUSblog Editor James Romoser joins Amy Howe to dissect the two challenges to Texas’ six-week abortion ban and the challenge to New York’s restriction on carrying guns in public. Hosted on Acast. See acast.com/privacy for more information.

Nov 01, 202130 minSeason 4Ep. 3

A top 10 list for the justices’ return to the courtroom

At the conclusion of the October argument sitting, longtime SCOTUSblog contributor Mark Walsh joins Amy Howe to select 10 big themes from the court’s first in-person arguments since the start of the pandemic. Hosted on Acast. See acast.com/privacy for more information.

Oct 18, 202140 minSeason 4Ep. 2

First Monday in October

As the court begins its 2021-22 term and the justices return to the courtroom for the first in-person arguments in a year and a half, Katie Barlow rejoins Amy Howe to talk October arguments, new cert grants, and the justices’ gripes about the media. Hosted on Acast. See acast.com/privacy for more information.

Oct 04, 202127 minSeason 4Ep. 1

A short guide to the long conference

Amy Howe is joined by SCOTUSblog’s media editor, Katie Barlow, to preview the court’s upcoming “long conference,” where the justices will sort through hundreds of cert petitions that have been filed over the summer. The pair also dig into the justices’ recent spate of speeches criticizing the press. Hosted on Acast. See acast.com/privacy for more information.

Sep 20, 202125 minSeason 3Ep. 22

The Texas abortion law and other shadow-docket controversies

Over a two-week period, the Supreme Court issued three momentous rulings on its shadow docket: one on abortion, another on evictions, and a third on asylum policy. SCOTUSblog’s publisher and co-founder, Tom Goldstein, joins the podcast to break down all three. Hosted on Acast. See acast.com/privacy for more information.

Sep 08, 202126 minSeason 3Ep. 21

Joan Biskupic on interviewing Breyer and other SCOTUS scoops

CNN legal analyst Joan Biskupic is known for getting exclusive stories – the most recent of which was her interview last month with Justice Stephen Breyer. She joins SCOTUStalk to discuss Breyer’s retirement calculations, what she’s watching in the upcoming term, and how she approaches Supreme Court analysis. Hosted on Acast. See acast.com/privacy for more information....

Aug 23, 202128 minSeason 3Ep. 20

SCOTUS spotlight: Jeffrey Fisher on arguing during the pandemic

Jeffrey Fisher, the co-director of Stanford Law’s Supreme Court Litigation Clinic, has more than 40 Supreme Court arguments under his belt. He joins SCOTUStalk to discuss his non-traditional path to becoming a top oral advocate, and he breaks down key moments from two of his arguments during the 2020-21 term, when all arguments were over the telephone. This interview is part of SCOTUStalk’s occasional “SCOTUS spotlight” series, which features in-depth interviews with Supreme Court litigators abo...

Aug 09, 202135 minSeason 3Ep. 19

How do you solve a problem like the shadow docket?

SCOTUSblog has shone a light on the shadow docket, but as its breadth and import evolves, so must those who cover it. Professor Steve Vladeck, who has written on the topic extensively and recently testified before the House Judiciary Committee, joins SCOTUStalk to discuss the shadow docket’s significance and how to better capture all of the court’s work. Hosted on Acast. See acast.com/privacy for more information....

Jul 19, 202125 minSeason 3Ep. 18

Tom Goldstein reviews a transitional Supreme Court term

SCOTUSblog founders Amy Howe and Tom Goldstein look back on the 2020-21 term. The pair examine how Justice Amy Coney Barrett is settling in and review some of the term’s most noteworthy decisions, particularly on the First Amendment. Plus, a few predictions for next term, including on Justice Stephen Breyer’s possible retirement. Hosted on Acast. See acast.com/privacy for more information.

Jul 07, 202118 minSeason 3Ep. 17

From 9th grade study hall to the Supreme Court

Anna Salvatore started High School SCOTUS as a way to explain the Supreme Court’s work to high schoolers. After early success, the site has blossomed into a nationwide publication pulling in high school journalists from across the country – students like freshman Elise Spenner. Salvatore and Spenner join SCOTUStalk to discuss their work, what’s next for High School SCOTUS, and their thoughts on this term’s student speech case, Mahanoy Area School District v. B.L. Hosted on Acast. See acast.com/p...

Jun 22, 202122 minSeason 3Ep. 16

Stacey Abrams on While Justice Sleeps

Voting-rights activist and Georgia politician Stacey Abrams joins SCOTUStalk to discuss her new novel, While Justice Sleeps , a thriller about the Supreme Court. We talk with Abrams about her writing process, being told “no” multiple times for what is now a New York Times bestseller, and what it’s like to be one of the few women writing fiction set at the high court. Abrams also hints at what’s next for her main character -- and for her own life. Hosted on Acast. See acast.com/privacy for more i...

Jun 07, 202117 minSeason 3Ep. 15

Lyle Denniston on the current state of the court

Lyle Denniston, a 60-year veteran of the Supreme Court press corps, returns to SCOTUStalk to assess how the court’s ideological balance has shifted this term, whether Clarence Thomas will keep talking during oral arguments next term, and whether Stephen Breyer will retire. As is always the case, you can’t listen to Lyle and not learn something. Hosted on Acast. See acast.com/privacy for more information.

May 26, 202121 minSeason 3Ep. 14

The biggest leak in Supreme Court history

In a city full of anonymous sources, the Supreme Court is famously leak-proof. But a century ago, the court had a serious leak on its hands. Judge John Owens of the U.S. Court of Appeals for the 9th Circuit joins SCOTUStalk to tell the tale of Ashton Embry , the Supreme Court clerk who was at the center of the scandal. He also shares stories from his time clerking for Justice Ruth Bader Ginsburg, opens up about how the 9th Circuit is coping in the COVID era, and reveals his thoughts on cameras i...

May 03, 202133 minSeason 3Ep. 13

Mic flip: A catch-up and a look ahead with Amy Howe

It has been a busy month for the Supreme Court, with no slowing down in sight. SCOTUSblog’s media editor, Katie Barlow, turns the mic around on host Amy Howe to get the latest. The pair discuss the court’s recent oral arguments in Cedar Point Nursery v. Hassid , a dispute pitting property rights against union organizing, and a hot-button 4th Amendment issue in Caniglia v. Strom . They also talk about the court’s major 4th Amendment decision in Torres v. Madrid and preview what’s coming up, inclu...

Mar 29, 202130 minSeason 3Ep. 12

Writing Supreme Court thrillers

This week, Amy Howe chats with a high-octane group of fiction writers who have all dabbled in Supreme Court suspense storytelling. Brad Meltzer is the #1 New York Times bestselling author of The Tenth Justice . Anthony Franze is a member of Arnold & Porter’s appellate and Supreme Court practice and also the critically acclaimed author of several novels set at the court, including The Last Justice . Joseph Finder is the New York Times bestselling author of Guilty Minds . Some days the news fe...

Mar 15, 202139 minSeason 3Ep. 11

The Biden bench

President Joe Biden has pledged to nominate a Black woman to the Supreme Court if a vacancy occurs. In the meantime, he hopes to fill the rest of the federal judiciary with as many nominees as he can (some of whom could soon become SCOTUS short-listers). Amy Howe speaks with The Washington Post’s Ann Marimow about judicial vacancies and what to expect in the coming months. Marimow recently co-authored an in-depth article on the topic. Hosted on Acast. See acast.com/privacy for more information....

Feb 16, 202110 minSeason 3Ep. 10

Wintry mix at the Supreme Court

Robert Barnes, the 15-year veteran Supreme Court reporter for The Washington Post, joins Amy Howe to take stock of the court’s term so far and look at what’s ahead. The two recap the January argument session — including Justice Elena Kagan’s now-famous Taylor Swift reference — and they try to answer the question everyone has been asking: What will Justice Stephen Breyer do? Hosted on Acast. See acast.com/privacy for more information.

Feb 02, 202128 minSeason 3Ep. 9

Who will be the next solicitor general?

President-elect Joe Biden has not yet announced a nominee for solicitor general, the top lawyer who represents the government before the Supreme Court. SCOTUStalk host Amy Howe and SCOTUSblog’s media editor, Katie Barlow, discuss potential picks. The next solicitor general could be a Washington insider, or it could be someone unexpected -- like Elena Kagan, who had never argued a case before the Supreme Court when President Barack Obama chose her as solicitor general in 2009. The two also discus...

Jan 18, 202114 minSeason 3Ep. 8

Looking back and looking ahead during a transitional term for the court

The Supreme Court changed dramatically last year, and more changes could be in store in 2021. SCOTUSblog publisher Tom Goldstein joins SCOTUStalk host Amy Howe to talk about what happened in 2020 and what’s next for the court. They discuss Justice Amy Coney Barrett’s early impact, the benefits and drawbacks of remote oral arguments, and how the court has handled President Donald Trump’s attempts to overturn the election. They also look ahead to what a Biden administration could do on day one to ...

Jan 05, 202123 minSeason 3Ep. 7

A decade-long surge in amicus briefs

Since 2011, there has been “an explosion” of amicus briefs at the Supreme Court, according to Arnold & Porter’s Anthony Franze and R. Reeves Anderson, who study the issue and recently wrote an article examining the decade-long trend . Franze and Anderson join SCOTUStalk host Amy Howe for a look at how amicus briefs have evolved. They examine what type of amicus brief is likely to influence the court, how the justices interact with the briefs and, most importantly, how to correctly pronounce ...

Dec 21, 202027 minSeason 3Ep. 6

SCOTUS spotlight: Beth Brinkmann on cracking the glass ceiling

Beth Brinkmann, the co-chair of the appellate and Supreme Court litigation group at Covington & Burling, has argued 25 cases before the Supreme Court and is one of the most experienced advocates practicing today. In the latest episode in our “SCOTUS spotlight” series on oral advocacy, SCOTUStalk host Amy Howe sits down with Brinkmann to talk about what it takes to develop that level of expertise. Brinkmann recounts her first oral argument before the court while working in the solicitor gener...

Dec 08, 202028 minSeason 3Ep. 5
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