The end of the U.S. Supreme Court term is supposed to be around the corner, but with more than a dozen opinions still outstanding, there's a question of whether the justices will go longer into the summer than they have in 24 years. On this week’s episode we discuss how the final stretch of the term could play out, plus dig into one opinion handed down this week that denied federal court review to certain asylum-seeking migrants, and another that preserved – but also reigned in – one of the SEC’...
Jun 25, 2020•15 min•Transcript available on Metacast The U.S. Supreme Court dropped two unexpected and explosive decisions this week, granting Title VII protections for LGBT workers and upholding — at least for now — legal protections for the 700,000 young immigrants protected under the DACA program. On this week’s episode we welcome Law360 senior reporter Suzanne Monyak to unpack Thursday’s highly-fractured DACA opinion, then dive into Monday’s landmark LGBT ruling surprisingly authored by conservative Justice Neil Gorsuch.
Jun 18, 2020•19 min•Transcript available on Metacast LGBTQ rights. DACA. Trump's taxes. With the end of the U.S. Supreme Court term just three weeks away, we discuss this week the pile of blockbuster opinions left for the court to deliver and make a few predictions about what we might see next — and last.
Jun 11, 2020•16 min•Transcript available on Metacast In two of the biggest decisions the Supreme Court handed down this week, Justice Sonia Sotomayor took the spotlight with her additional thoughts on the majority opinions. We dive into those on this week’s episode of The Term plus welcome on Law360 senior reporter Emily Brill to break down a key pension fund ruling.
Jun 04, 2020•17 min•Transcript available on Metacast The U.S. Supreme Court has issued it’s latest COVID-19 decision, this one involving an Ohio federal prison in the midst of a deadly outbreak. We break it down on this week’s episode of The Term, plus visit some of what Chief Justice John Roberts misses most about the world before the pandemic.
May 28, 2020•16 min•Transcript available on Metacast He's quiet, conservative and controversial. But what do we really know about Justice Clarence Thomas? This week, the team discusses a new documentary on the enigmatic justice that features interviews with the man himself.
May 21, 2020•17 min•Transcript available on Metacast The U.S. Supreme Court this week dove into several cases that could affect the 2020 election, including high-profile arguments over access to President Donald Trump's financial records and a row over so-called faithless presidential electors that sparked one justice to amusingly reference the "Lord of the Rings" universe. We break it all down on this week’s episode of The Term. And if you enjoy the episode, please leave us a written review!
May 14, 2020•22 min•Transcript available on Metacast There was no shortage of surprises in the U.S. Supreme Court’s historic first week of telephonic arguments, as Justice Clarence Thomas frequently asked questions and Justice Ruth Bader Ginsburg unfortunately had to dial in from a hospital bed. And there were no shortage of bloopers either, including a toilet flush heard across social media. We break it all down on this week’s episode of The Term.
May 07, 2020•16 min•Transcript available on Metacast The U.S. Supreme Court has released the format for how its unprecedented telephone oral arguments will work next week, and they won't be the usual free-for-all court watchers are used to hearing. On this week’s episode of The Term we break those down, plus look at the court's big Monday ruling in an Affordable Care Act case and a not-so-big one on the Second Amendment.
Apr 30, 2020•19 min•Transcript available on Metacast In delivering this week’s slate of opinions, the U.S. Supreme Court justices created a few eyebrow-raising alliances in a pair of cases involving the Clean Water Act and the requirement for a unanimous jury. We break down both of those decisions on this week’s Term, plus touch on a case the high court added to its docket with important digital privacy implications.
Apr 23, 2020•19 min•Transcript available on Metacast The U.S. Supreme Court surprised many legal watchers this week when it agreed to hold a slate of telephonic oral arguments in light of the pandemic. The team breaks down what to expect, before diving into a new high court challenge to the Trump administration’s “wealth test” spurred by COVID-19.
Apr 16, 2020•18 min•Transcript available on Metacast This week, the team discusses the Supreme Court’s first coronavirus-related ruling in a case involving Wisconsin’s election, which highlighted how the court’s partisan division may play out through the deadly pandemic. We also dive into the latest oral argument postponements, and a pair of additional opinions handed down this week that have 4th Amendment and employment discrimination implications.
Apr 09, 2020•20 min•Transcript available on Metacast This week, the team discusses how the coronavirus is affecting life at the U.S. Supreme Court, from tech troubles during an opinion announcement to Justice Ruth Bader Ginsburg’s famous workout routine. Plus, there’s a special conversation with Cate Stetson, co-director of Hogan Lovells LLP’s appellate practice, on what the pandemic means for Supreme Court lawyers.
Apr 02, 2020•21 min•Transcript available on Metacast This week’s episode looks at how the U.S. Supreme Court is keeping its gears in motion amid the pandemic, how the stimulus bill could help further remote working at the court and, on a lighter note, the team looks at some of the justices’ travel perks before self-isolation became the new norm.
Mar 26, 2020•20 min•Transcript available on Metacast The Supreme Court has closed to the public and, for the first time in a century, postponed oral arguments because of a public health crisis. This week, the team discusses how the spreading novel coronavirus has upended the current term -- and what may lie ahead for the justices.
Mar 19, 2020•11 min•Transcript available on Metacast The phrase “Equal Justice Under Law” is engraved on the front of the Supreme Court, but a new book by journalist and lawyer Adam Cohen argues that the court’s decisions over the last 50 years have disfavored the poor. Cohen joins this week’s Term to discuss the court’s changing composition, key Supreme Court cases that have impacted the poor and the issue of economic diversity on the bench. Also this week, a new juvenile life sentence case taken up by the justices, and a decision to let the Trum...
Mar 12, 2020•21 min•Transcript available on Metacast The U.S. Supreme Court saw a headline-grabbing week with arguments in two heavily watched cases, and the drama only escalated after a senator’s remarks on an abortion case earned a sharp public rebuke from the chief justice. We dive into that dust up on this week’s show, plus hit the highlights from the week including oral arguments in the Consumer Financial Protection Bureau case with Law360 Senior Banking Reporter Jon Hill, and the high court’s decision to again weigh in on whether the Afforda...
Mar 05, 2020•17 min•Transcript available on Metacast The U.S. Supreme Court, which was busy putting out a number of opinions and adding to its docket this week, is set to hear a blockbuster abortion rights case in the coming days. On this week’s Term episode, we break down what to watch in that case.
Feb 27, 2020•17 min•Transcript available on Metacast The U.S. Supreme Court will be back in session next week, so on this week’s Term we preview key arguments scheduled for the returning justices, including a dispute over a national trail that is threatening a $7 billion gas pipeline project and whether a $4.2 billion judgment in a terrorism case can stand.
Feb 20, 2020•18 min•Transcript available on Metacast This week we’re joined by Sen. Sheldon Whitehouse who explains why he believes a high-stakes case over the Consumer Financial Protection Bureau is an example of “dark money” influencing outcomes at the U.S. Supreme Court. The senator also discusses reaction to his amicus brief in a high-profile gun case and his thoughts on Chief Justice John Roberts' role in the Senate impeachment trial.
Feb 13, 2020•19 min•Transcript available on Metacast The U.S. Supreme Court may be in recess, but the justices are still busy making speeches, attending events, and presiding over some pretty important business in the Senate. This week we recap the justices’ public remarks, including their thoughts on controversial new ethics guidance, Justice Elena Kagan’s secret Twitter account, and why the “golden gavel” Chief Justice John Roberts’ earned may pale in comparison to the pricey watch he wore during the impeachment hearings.
Feb 07, 2020•20 min•Transcript available on Metacast Justice Neil Gorsuch sure doesn’t like nationwide injunctions, a fact he made abundantly clear this week in a high-profile immigration case. We discuss Gorsuch’s attack on the slew of nationwide injunctions that lower courts have been issuing against the Trump administration. We also talk about what the justices are doing with their winter break and give an update on some cases to watch on the high court’s “shadow docket.”
Jan 30, 2020•18 min•Transcript available on Metacast What started out as a relatively low-key tax case has taken on new importance as the latest battleground over the separation of church and state. We’re joined by Law360 tax correspondent Maria Koklanaris to untangle the oral arguments. This week we’ll also discuss Justice Roberts late night admonition and use of an arcane insult at President Trump’s impeachment trial; and we discuss the status of two key Affordable Care Act cases.
Jan 23, 2020•16 min•Transcript available on Metacast Political scandals, an internet meme and impeachment dominated the news coming out of the Supreme Court this week. We break down what to expect from Chief Justice John Roberts in his role presiding over President Trump’s impeachment trial; where the justices stand after oral arguments over the New Jersey Bridgegate scandal; and what caused Roberts to refer to the “OK, Boomer” meme in court.
Jan 16, 2020•17 min•Transcript available on Metacast The new year has kicked off with some blockbuster issues facing the U.S. Supreme Court. We dive in to new filings in a case involving abortion law protections, upcoming arguments related to New Jersey’s Bridgegate scandal, and a petition to strike down the Affordable Care Act.
Jan 09, 2020•15 min•Transcript available on Metacast It’s the end of the year but for our last episode of 2019, we wanted to look ahead to how the Supreme Court’s newly bolstered conservative majority will flex its muscle the rest of this term and those to come. We’re joined by special guest UC Berkeley School of Law Dean Erwin Chemerinsky, who breaks down the new dynamics on the high court. We’ll also touch briefly on a few notable grants of certiorari that happened this week, including whether Manhattan prosecutors and House Democrats can access...
Dec 19, 2019•14 min•Transcript available on Metacast The High Court is weighing in on the Affordable Care Act again, this time in a $12 billion fight between the government and health insurers. We break down the oral arguments in the trio of consolidated cases. This week we also discuss a ruling on some unusual intellectual property fees; an addition to the court’s docket over whether states can have laws that prevent the makeup of their courts from becoming overly partisan; and the latest on a battle over Trump’s financial documents.
Dec 12, 2019•13 min•Transcript available on Metacast The Supreme Court heard oral arguments this week in the first Second Amendment gun case in a decade, but will it prove to be a dud? We discuss that possibility this week, as well as the Trump administration seeking another emergency ruling and Justice Kavanaugh’s interest in reviving the long-dormant nondelegation doctrine to curtail executive agency power.
Dec 05, 2019•13 min•Transcript available on Metacast The Supreme Court heard no arguments this week, but that doesn’t mean things were dull for high court watchers. We’ll share some of Justice Elena Kagan’s thoughts about the court’s new two-minute oral argument policy (spoiler: she doesn’t love it) and touch down on Justice Brett Kavanaugh’s first major public speech since his bruising confirmation battle last year. Plus, we’ll discuss the court agreeing to hear the Google-Oracle smartphone war; Trump’s pressing request to block a House committee...
Nov 21, 2019•15 min•Transcript available on Metacast On Tuesday the Supreme Court heard blockbuster arguments over the fate of the Deferred Action for Childhood Arrivals program. Senior immigration reporter Suzanne Monyak joins the show to share insights into the potential impact of the case, and Jimmy Hoover gives us a report on the atmosphere at First Street that day and how the justices seemed to be leaning. Plus, we discuss the court avoiding gun maker Remington’s bid to stop a lawsuit by the families of Sandy Hook victims and Justice Ruth Bad...
Nov 14, 2019•17 min•Transcript available on Metacast 
