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SCOTUScast

The Federalist Society

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SCOTUScast is a project of the Federalist Society for Law & Public Policy Studies. This audio broadcast series provides expert commentary on U.S. Supreme Court cases as they are argued and issued. The Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker. We hope these broadcasts, like all of our programming, will serve to stimulate discussion and further exchange regarding important current legal issues. View ou ...
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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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The Supreme Court decision syllabus, read without personal commentary. See: Wheaton and Donaldson v. Peters and Grigg, 33 U.S. 591 (1834) and United States v. Detroit Timber & Lumber Co., 200 U.S. 321, 337. Photo by: Davi Kelly. Founded by RJ Dieken. Now hosted by Jake Leahy. *Note this podcast is for informational and educational purposes only. Hosted by a non-attorney.*
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Justice Thomas, dissenting from the Court's denial of certiorari in E.I. du Pont de Nemours & Co. v. Abbott (November 20, 2023), a case in which DuPont asked the Court to review the District Court's application of collateral estoppel. https://www.supremecourt.gov/opinions/23pdf/23-13_d18e.pdf Listen to What SCOTUS Wrote Us wherever you get your pod…
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With GC out, Jack Fitzhenry once again joins Zack to dive into what's happening at SCOTUS. They discuss the new cases the Court has agreed to hear, the Rahimi oral argument, and NCAA/sports-related SCOTUS trivia. Zack then interviews Yonatan Green about the proposed reforms to Israel's judicial system and how those differ from the so-called reforms…
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On November 7, 2023, the Supreme Court heard oral argument in United States v. Rahimi. The Court considered whether 18 U.S.C. § 922(g)(8), prohibiting the possession of firearms by persons subject to domestic-violence restraining orders, violated the Second Amendment on its face Join us as we break down and analyze how oral argument went before the…
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Justice Jackson, joined by Justices Sotomayor and Kagan, dissenting from the denial of certiorari in a case involving an Eighth Amendment challenge to a prisoner's conditions of confinement: Johnson v. Prentice (2023). https://www.supremecourt.gov/opinions/23pdf/22-693_21p3.pdf Listen to What SCOTUS Wrote Us wherever you get your podcasts. www.what…
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Today I'll be reading the statement of Justice Kavanaugh regarding the denial of application for stay in Griffin v. HM Florida-Orl, LLC; Justices Thomas, Alito, and Gorsuch would have granted it. Issued November 16, 2023 https://www.supremecourt.gov/opinions/23pdf/23a366_i42k.pdf Listen to What SCOTUS Wrote Us wherever you get your podcasts. www.wh…
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In United States v. Alvarez (2012), the Supreme Court was asked whether the Stolen Valor Act of 2005 violated the First Amendment. Listen to audio of the majority opinion now. Access a pdf copy of the opinion here: https://supreme.justia.com/cases/federal/us/567/11-210/case.pdf Access additional resources about the case on oyez.org: https://www.oye…
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In United States v. Alvarez (2012), the Supreme Court was asked whether the Stolen Valor Act of 2005 violated the free speech clause of the First Amendment. Listen to audio of the majority opinion now. Access additional resources about the case on oyez.org: https://www.oyez.org/cases/2011/11-210 Listen to What SCOTUS Wrote Us wherever you get your …
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A new case before SCOTUS this term, Loper Bright Enterprises v. Raimondo, threatens to overturn the landmark decision of the case I'll be reading today: Chevron v. Natural Resources Defense Council (1984) Listen to What SCOTUS Wrote Us anywhere you listen to podcasts.Door Pippah Getchell
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A new case before SCOTUS this term, Loper Bright Enterprises v. Raimondo, threatens to overturn the landmark decision in the case I'll be reading today: Chevron v. Natural Resources Defense Council (1984) Listen to What SCOTUS Wrote Us anywhere you listen to podcasts.Door Pippah Getchell
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GianCarlo is back, the Court is hearing arguments again, and free speech is on the docket. Your hosts discuss a newly granted case that will decide whether the Biden Administration's coordination with social media companies to censor what it labeled misinformation violates the First Amendment. They then unpack the oral arguments in two more free sp…
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In determining whether the Due Process Clause requires a state or local government to provide a post seizure probable cause hearing prior to a statutory judicial forfeiture proceeding and, if so, when such a hearing must take place, should district courts apply the "speedy trial" test employed in United States v. $8,850, 461 U.S. 555 (1983) and Bar…
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May a federal inmate who did not challenge their conviction on the ground that the statute did not criminalize their activity subsequently apply for habeas relief after the Supreme Court retroactively invalidates the circuit precedent on which the inmate relied in not challenging their conviction? Audio of the opinion of the Supreme Court in Jones …
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May a federal inmate who did not challenge their conviction on the ground that the statute did not criminalize their activity subsequently apply for habeas relief after the Supreme Court retroactively invalidates the circuit precedent on which the inmate relied in not challenging their conviction? Audio of the opinion of the Supreme Court in Jones …
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Does the government have the authority to dismiss a False Claims Act lawsuit brought by an individual on behalf of the government if it initially declined to take over the case, and if so, what standard applies? Audio of the opinion of the Supreme Court in United States ex rel. Polansky v. Executive Health Resources, Inc. (2023) Access Additional r…
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Does the government have the authority to dismiss a False Claims Act lawsuit brought by an individual on behalf of the government if it initially declined to take over the case, and if so, what standard applies? Audio of the opinion of the Supreme Court in United States ex rel. Polansky v. Executive Health Resources, Inc. (2023) Access Additional r…
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Audio of the opinion of the Court in Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin (2023) Access Additional resources about this case at oyez.org: https://www.oyez.org/cases/2022/22-227 Follow What SCOTUS Wrote Us for audio of Supreme Court opinions. Anywhere you listen to podcasts.…
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Listen to the opinion of the Court in Smith v. United States (June 2023) Access Additional resources about this case at oyez.org: https://www.oyez.org/cases/2022/21-1576 Follow What SCOTUS Wrote Us for audio of Supreme Court opinions. Anywhere you listen to podcasts.Door Pippah Getchell
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Listen to the opinion of the Court in Yegiazaryan v. Smagin (June 2023) Access Additional resources about this case at oyez.org: https://www.oyez.org/cases/2022/22-381 Follow What SCOTUS Wrote Us for audio of Supreme Court opinions. Anywhere you listen to podcasts.Door Pippah Getchell
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With GC on vacation, Jack Fitzhenry joins Zack to dive into what's happening at SCOTUS. They discuss the new cases the Court has agreed to hear, the oral arguments involving the CFPB's funding, whether an ADA tester's lawsuit is moot, and whether South Carolina legislators committed an unconstitutional gerrymander when drawing its latest Congressio…
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The questions presented are:1. Under federal admiralty law, what is the standard for judging the enforcement of a choice of law clause in a maritime contract?2. Under federal admiralty law, can a choice of law clause in a maritime contract be rendered unenforceable if enforcement is contrary to the "strong public policy" of the state whose law is d…
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The three-judge district court never mentioned the presumption of the South Carolina General Assembly's good faith, analyzed Congressional District 1 as a whole, or examined the intent of the General Assembly as a whole. It also disregarded the publicly available election data used to draw District 1 and legislator testimony demonstrating that poli…
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The Sarbanes-Oxley Act of 2002 protects whistleblowers who report financial wrongdoing at publicly traded companies. 18 U.S.C. § 1514A. When a whistleblower invokes the Act and claims he was fired because of his report, his claim is "governed by the legal burdens of proof set forth in section 42121(b) of title 49, United States Code." 18 U.S.C. § 1…
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Justice Thomas delivers the unanimous opinion of the Court in United States ex rel. Schutte v. Supervalu Inc. (2023). Access Additional resources about this case at oyez.org: https://www.oyez.org/cases/2022/21-1326 Follow What SCOTUS Wrote Us for audio of Supreme Court opinions. Anywhere you listen to podcasts.…
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Justice Thomas delivers a unanimous opinion of the Court in United States ex rel. Schutte v. Supervalu Inc.(2023). Access Additional resources about this case at oyez.org: https://www.oyez.org/cases/2022/21-1326 Follow What SCOTUS Wrote Us for audio of Supreme Court opinions. Anywhere you listen to podcasts.…
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An update about the weeks ahead. 2023 Term Supreme Court Calendar Granted and Noted Cases List October Session Oral Arguments: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalOctober2023.pdf https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalNovember2023.pdf…
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Another term is here! Check out what to expect when Zack hosts veteran Supreme Court advocates Paul Clement and Lisa Blatt to discuss several of the biggest cases the Court will hear this term. Follow us on X (formerly Twitter) @scotus101 and @tzsmith. And please send questions, comments, or ideas for future episodes to scotus101@heritage.org. Don'…
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Whether the court of appeals erred in holding that the statute providing funding to the Consumer Financial Protection Bureau (CFPB), 12 U.S.C. 5497, violates the Appropriations Clause, U.S. Const. Art. I,§ 9, Cl. 7, and in vacating a regulation promulgated at a time when the CFPB was receiving such funding.…
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The "safety valve" provision of the federal sentencing statute requires a district court to ignore any statutory mandatory minimum and instead follow the Sentencing Guidelines if a defendant was convicted of certain nonviolent drug crimes and can meet five sets of criteria. See 18 U.S.C. § 3553(f)(1)-(5). Congress amended the first set of criteria,…
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The opinion of the Supreme Court in Health and Hospital Corporation of Marion County v. Talevski (2023) Access Additional resources about this case at oyez.org: https://www.oyez.org/cases/2022/21-806 Follow What SCOTUS Wrote Us for audio of Supreme Court opinions. Anywhere you listen to podcasts.Door Pippah Getchell
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The opinion of the Supreme Court in Health and Hospital Corporation of Marion County v. Talevski (2023) Access Additional resources about this case at oyez.org: https://www.oyez.org/cases/2022/21-806 Follow What SCOTUS Wrote Us for audio of Supreme Court opinions. Anywhere you listen to podcasts.Door Pippah Getchell
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The opinion of the Supreme Court in Abitron Austria GmbH v. Hetronic Int'l, Inc. (2023) in which the Court was asked whether the Lanham Act permits the owner of a U.S.-registered trademark to recover damages for the use of that trademark when the infringement occurred outside the United States and is not likely to cause confusion in the United Stat…
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In Biden v. Nebraska, the Supreme Court reviewed whether the HEROES Act authorized the Secretary of Education to unilaterally forgive $10,000 of student loans for most borrowers. The Court held that the Secretary does not have this power under HEROES Act, despite the language that allows the Secretary to "waive or modify" certain student loan provi…
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Does admitting a codefendant’s redacted out-of-court confession that immediately inculpates a defendant based on context violate the Confrontation Clause of the Sixth Amendment? Majority opinion of the Supreme Court in Samia v. United States (2023) Access additional resources about this case on oyez.org: Follow What SCOTUS Wrote Us for audio of Sup…
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Does the Securities Act of 1933 require plaintiffs to plead and prove that they bought shares registered under the registration statement they claim is misleading? Majority Opinion of the Supreme Court in Slack Technologies, LLC v. Pirani (2023) Access additional resources about this here case on oyez.org. Follow What SCOTUS Wrote Us for audio of S…
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Mallory v. Norfolk Southern Railway Co. (2023) Majority Opinion Access additional resources for this case on oyez.org. Follow What SCOTUS Wrote Us for audio of Supreme Court opinions. Anywhere you listen to podcasts.Door Pippah Getchell
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Majority opinion of the Supreme Court in Dubin v. United States (2023) Visit oyez.org for additional case resources here. Follow What SCOTUS Wrote Us for audio of Supreme Court opinions. Anywhere you listen to podcasts.Door Pippah Getchell
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Majority opinion of the Supreme Court in Dubin v. United States (2023) Is the mention of someone's name during the commission of a predicate offence considered aggravated identity theft? Visit oyez.org for additional case resources here. Follow What SCOTUS Wrote Us for audio of Supreme Court opinions. Anywhere you listen to podcasts.…
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Majority Opinion of the Supreme Court in Arizona v. Navajo Nation (2023) The Court was asked whether the 1868 Treaty between the Navajo Nation and the United States imposes an affirmative duty on the United States to secure water for the tribe. Visit oyez.org for additional case resources here. Follow What SCOTUS Wrote Us for audio of Supreme Court…
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The opinion for a unanimous Supreme Court in Groff v. DeJoy (June 29, 2023) In this case, the Court was asked whether inconvenience to coworkers is an “undue burden” under Title VII of the Civil Rights Act of 1964 such that it excuses an employer from providing accommodations for religious exercise as requested by employees. Find additional resourc…
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The opinion for a unanimous Supreme Court in Groff v. DeJoy (June 29, 2023) In this case, the Court was asked whether inconvenience to coworkers is an “undue burden” under Title VII of the Civil Rights Act of 1964 such that it excuses an employer from providing accommodations for religious exercise as requested by employees. Find additional resourc…
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In Department of Education v. Brown, the Supreme Court reviewed whether a person who was expecting student loan forgiveness, but not the maximum amount, had Article III standing to sue. The Court found that those individuals lacked standing to bring their challenge to the student loan forgiveness plan. Read by Jake A. Leahy.…
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