After a decade of litigation, Google has finally defeated a lawsuit from Oracle over the chunks of computer code Google used to develop the Android smartphone platform. This week, The Term welcomes Law360 senior intellectual property reporter Bill Donahue to explain the Supreme Court's ruling in the tech battle—plus we also look at one justice's foray into the discourse of regulating Big Tech.
The spirit of spring has the justices cleaning out their docket this week with decisions on Florida's oyster fisheries, Facebook's class action liability and long-lived media ownership limits. The Term breaks down all the action, plus we take a deep dive into the NCAA's very bad day at the high court over its "amateurism" rules with Law360 senior sports reporter Zach Zagger.
The Supreme Court delivered a rare victory for civil rights plaintiffs this week in a case over a police shooting that divided the court's conservative justices. Law360's The Term explores the contentious Fourth Amendment ruling, plus a look at the Boston bomber's death penalty case now facing the court.
Supreme Court Justice Stephen Breyer has found himself under the political spotlight recently with liberals calling on the 82-year-old to retire to avoid a repeat of Justice Ruth Bader Ginsburg's replacement by a conservative. On this week’s episode of The Term we break down the debate, plus unpack a more lenient stance by the Biden administration on sentence reductions for those serving time in prison for low-level crack offenses.
It was a matter of standing doctrine, of all things, that spurred the first "solo dissent" of Chief Justice John Roberts’ Supreme Court career this week. Law360's The Term discusses why that shouldn't come as a surprise—and what lawmakers are saying about "dark money" at the high court.
After years of patents being thrown out by the controversial Patent Trial and Appeal Board, one patent owner asked the Supreme Court Monday to return the favor and declare the board itself invalid. Law360's The Term recaps the hearing, along with a crucial moment for the Voting Rights Act.
The Supreme Court swept away the last of the election cases and a Trump subpoena battle this week, so why did it take up two new challenges to Trump-era abortion and immigration policies that could very well be rescinded and rendered moot by President Joe Biden before they're argued? We’re breaking it down on this week’s episode of The Term.
The past week saw Congress' first-ever hearing on the U.S. Supreme Court's so-called shadow docket, the justices' late-night, unsigned orders on weighty legal questions that don't go through their normal process of public deliberation. On this week’s episode of The Term we unpack a few recent shadow docket rulings and recap some of the notable moments from the hearing, including criticisms that the process lacks transparency and leads to lower court confusion.
As the Supreme Court prepares for its next session, Law360's The Term catches up on some noteworthy petitions that the justices appear to be interested in, from a direct attack on Roe v. Wade to the right of U.S. presidents to create offshore national monuments. We also recap a couple of important developments from the past week, including the Biden administration’s change of position in the Affordable Care Act case.
The Supreme Court may still be on break, but a bustle of activity in the border wall, "Remain-in-Mexico" and Nazi art theft cases gives The Term podcast team a lot to discuss this week. We dive into the latest high court news on this week’s episode, plus look at Justice Amy Coney Barrett's first dissent in a surprising 5-4 lineup.
The Supreme Court took a break from oral arguments this week and cleared a number of cases from its docket, including an emoluments dispute brought against former President Trump. The court also declined to take up a number of new challenges, including an appeal from disgraced former New York Assemblyman Sheldon Silver and a revisiting of the landmark Janus case. We talk you through the high court’s week of housekeeping on this episode of the Term, plus discuss Chief Justice John Roberts’ decisi...
The Supreme Court wrestled with regulations on media ownership and a procedural question about climate change litigation during a busy week that also saw two justices play central roles in Wednesday's inauguration. And with the start of the Biden administration came the naming of a new acting solicitor general who is no stranger to the high court. We’re catching you up on this week’s episode of The Term.
With the justices starting to receive their COVID-19 vaccinations, the Supreme Court is off and running in 2021, weighing in on abortion rules, the power of regulators and even Taylor Swift. In this episode of The Term, we press rewind on busy week of oral arguments; break down a ruling from Tuesday night reinstating rules requiring patients to travel to clinics to obtain abortion-inducing medication despite the ongoing pandemic; and look ahead at a novel First Amendment case recently added to t...
With just a few weeks left before the inauguration of a new president and the clock running out at the Supreme Court in several Trump cases, the Term this week is breaking down what to expect from the justices during the Biden administration; whether a conservative majority can frustrate the president-elect’s progressive plans; and what Biden can achieve now that Democrats control both chambers of Congress, including a potential new justice appointment.
President Donald Trump's tumultuous relationship with the Supreme Court is coming to an end after four years of blockbuster cases, angry tweets and three lifetime appointments. Law360's The Term looks back on the norm-shattering Trump era with law professor Stephen Vladeck.
The first opinions of the Supreme Court session are here and Law360's The Term is breaking them down, from a nerdy foray into Delaware's court-system to a groundbreaking religious freedom ruling. Plus, the team scrutinizes an election case the president seems to think will hand him a second term.
This week, the U.S. Supreme Court weighed whether Nestlé and Cargill can be held liable for supporting child slavery on African cocao farms, and heard another census case with big implications for congressional power. We’re breaking it all down on this week’s episode of The Term, plus ending with some highlights from a recent appearance by Justice Sonia Sotomayor on the Red Table Talk talk show hosted by Gloria Estefan.
"Here it goes," Justice Samuel Alito Jr. began a scorcher of a speech last Thursday that touched on COVID-19 restrictions, religious freedom, abortion and more. On this week's episode of The Term we discuss what stood out from the conservative justice, who is seldom shy about his views. We also examine President-elect Joe Biden’s pick for White House counsel; Justice Sonia Sotomayor’s fiery dissent in a COVID-related petition; and a bid by Congressional Democrats to pause oral arguments in over ...
The U.S. Supreme Court appears likely to once again uphold the Affordable Care Act after a hearing on Tuesday. The team breaks down key moments from the arguments, and what the election means for the Supreme Court, in this week's episode of The Term.
As the country awaited election results this week, the U.S. Supreme Court turned to a landmark First Amendment case involving a Catholic foster care agency that refused to place children with same-sex couples. The team tackles why the agency could be headed for a win in the case, as well as other high court developments on The Term.
Justice Amy Coney Barrett took her judicial oath and received her new chambers this week, before finding herself at the center of a hurricane of election litigation where she could play a decisive role. Catch up on the Supreme Court's last-minute election maneuvering with this week’s episode of The Term.
It was a whirlwind week of confirmation news and politically-charged election and immigration cases that the justices weighed in on, so we’re breaking it all down on this week’s episode, plus diving into a conversation with a leading appellate advocate on why the Supreme Court needs more female clerks.
Judge Amy Coney Barrett is almost through what she described as an "excruciating" confirmation process after finishing her Senate testimony Thursday. This week, the team breaks down the highlights from the hearings with Law360’s congressional reporter.
The Supreme Court wasted little time making waves in its first week of the 2020 term, from Justice Clarence Thomas’ attack on the “Obergefell” precedent to a multibillion copyright battle between Google and Oracle. And with the election less than a month away, the court also found itself pressed to weigh in on litigation involving election processes during the pandemic. We break down the court’s busy first week on this week’s episode.
The Supreme Court's 2020 term kicks off in less than a week. On this week’s episode of The Term, we discuss what Judge Amy Coney Barrett's confirmation would mean for some of the biggest cases on the docket, from the fate of the Affordable Care Act to the First Amendment.
Justice Ruth Bader Ginsburg is among the few on the Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Law360's The Term dives into her legacy as a pioneering women's rights advocate with two guests who worked by her side.
It’s been a long and difficult summer full of cancelled vacations, sweaty face masks, and a lack of new episodes from your favorite Law360 Supreme Court podcast, The Term. But we’re back with a new season on Sept. 24, starting with a special episode on Supreme Court clerks, then moving on to the blockbuster high court cases we’ll be watching. So if you enjoyed our show last year, or if you’re looking for a quick, digestible news podcast to get you caught up on the biggest Supreme Court developme...
In our final episode of the season, The Term podcast team looks back on the Supreme Court's historic 2019 term with a pair of special guests. First we talk to Law360 research and data editor Jackie Bell about some surprising numbers that came out of the court this year. Then, we welcome on Melissa Murray, a constitutional law professor at NYU School of Law and co-host of the Supreme Court podcast Strict Scrutiny, for wide-ranging conversation covering everything from the pandemic to the impeachm...
In a whirlwind end to the U.S. Supreme Court term, the justices decided just who can -- and can't -- subpoena President Donald Trump's financial documents in a pair of decisions that once again highlighted the chief justice's influence on the court. We break down those rulings on this week’s episode, plus touch on an opinion from earlier this week that lets employers off the hook of the Affordable Care Act’s contraception mandate if they oppose birth control on moral or religious grounds.
As the U.S. Supreme Court edges closer towards the finish line of the term, Chief Justice John Roberts' sway on the bench was increasingly apparent this week in a trio of opinions on abortion, agency independence and the separation of church and state that we’re breaking down on this week’s episode.
