OT2017 #21: “Under the Mattress”

OT2017 #21: “Under the Mattress”We’re coming up on the final arguments of the term, and we’ll get you ready with a preview of the future of online sales tax in South Dakota v. Wayfair. We’ll also catch up on grants, orders and opinions. What’s with the Supreme Court and qualified immunity cases? Why is Justice Sonia Sotomayor fired up in her dissent, and […]

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OT2017 #21: “Under the Mattress”

We’re coming up on the final arguments of the term, and we’ll get you ready with a preview of the future of online sales tax in South Dakota v. Wayfair. We’ll also catch up on grants, orders and opinions. What’s with the Supreme Court and qualified immunity cases? Why is Justice Sonia Sotomayor fired up in her dissent, and why is Justice Ruth Bader Ginsburg the only other liberal justice to back her up? Plus, with the help of a hotline call, we’ll talk about what would happen if a majority of justices have to recuse themselves from a case.

And speaking of hotline calls, we got a lot of them! We’ll answer your questions and praise your dedicated research skills.

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OT2017 #20: “I Am The Split”

OT2017 #20: “I Am The Split”The Supreme Court’s March sitting goes out like a lamb… if a lamb symbolizes a 9-0 opinion written by Chief Justice John Roberts. But first, we’re going in like a lion and naming names in the War on Arbitration— those Biglaw firms that require summer associates to sign arbitration agreements. And as for that lamb of […]

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OT2017 #20: “I Am The Split”

The Supreme Court’s March sitting goes out like a lamb… if a lamb symbolizes a 9-0 opinion written by Chief Justice John Roberts. But first, we’re going in like a lion and naming names in the War on Arbitration— those Biglaw firms that require summer associates to sign arbitration agreements.

And as for that lamb of a sitting, we’ll talk about what the chief’s opinion in Hall v. Hall means for the definition of “consolidation.” And then, it’s round two of partisan gerrymandering in Benisek v. Lamone. With some incisive questions from the chief and Justices Anthony Kennedy and Elena Kagan, we might be a little closer to understanding the potential outcomes.

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OT2017 #19: “This Classroom Is Not Full”

OT2017 #19: “This Classroom Is Not Full”Live from Yale Law School, it’s First Mondays! We’re joined by Joseph Goldstein Lecturer in Law and Knight Distinguished Journalist in Residence Linda Greenhouse. First, we discuss the orders docket — what does it signal when the three liberal justices join Justice Stephen Breyer in a statement about denying a death penalty case? Then, we address the […]

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OT2017 #19: “This Classroom Is Not Full”

Live from Yale Law School, it’s First Mondays! We’re joined by Joseph Goldstein Lecturer in Law and Knight Distinguished Journalist in Residence Linda Greenhouse. First, we discuss the orders docket — what does it signal when the three liberal justices join Justice Stephen Breyer in a statement about denying a death penalty case? Then, we address the trickle of opinions that have come out and speculate about what’s holding back the floodwaters. We move on to recapping the argument in NIFLA v. Becerra, the case about abortion and the First Amendment. Is Justice Anthony Kennedy right in that justices shouldn’t use the internet to supplement the record? Finally, we preview Hughes v. United States and Benisek v. Lamone. For the latter, we theorize about why the Supreme Court is hearing another partisan-gerrymandering case when Gill v. Whitford is still pending.

With court business taken care of, we get some time to talk to Linda about some of her recent writing, including her view of Chief Justice John Roberts’ search for middle ground, and how she thinks Justice Antonin Scalia’s legacy is holding up.

And since it’s live, we’ll close with a few audience questions! Many thanks to Yale Law School for hosting us, and to Linda Greenhouse for joining our discussion.

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OT2017 #18: “Legal Faux Pas”

OT2017 #18: “Legal Faux Pas”Leah Litman returns to the co-host chair to join Ian for a look ahead at the March sitting. We preview National Institute of Family and Life Advocates v. Becerra, a case at the intersection of abortion and the First Amendment. We’ll also talk about Sveen v. Melin, a contracts clause case that will determine what happens to life insurance after divorce. But […]

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OT2017 #18: “Legal Faux Pas”

Leah Litman returns to the co-host chair to join Ian for a look ahead at the March sitting. We preview National Institute of Family and Life Advocates v. Becerra, a case at the intersection of abortion and the First Amendment. We’ll also talk about Sveen v. Melin, a contracts clause case that will determine what happens to life insurance after divorce.

But before we get into those, we try something new– flagging a few interesting cert petitions that we’ll watch as they make their way through the court’s discussion lists. There are also birthdays and anniversaries to celebrate, as well as some key corrections to issue.

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OT2017 #17: “Elephants Rarely Hide in Pajamas”

OT2017 #17: “Elephants Rarely Hide in Pajamas”While the Supreme Court takes a breather between sittings, we delve into the grants, orders and opinions they’ve been churning out over the past few weeks. Good news — at least some of them are interesting! We’ll talk about everything from original jurisdiction, to the death penalty, to a detained immigrant’s rights, with a lot more in between. […]

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OT2017 #17: “Elephants Rarely Hide in Pajamas”

While the Supreme Court takes a breather between sittings, we delve into the grants, orders and opinions they’ve been churning out over the past few weeks. Good news — at least some of them are interesting! We’ll talk about everything from original jurisdiction, to the death penalty, to a detained immigrant’s rights, with a lot more in between. Plus, we turn to Danielle D’Onfro for her expertise in one bankruptcy case — and another case merely pretending to be a bankruptcy case.

We’ll close out with a few hotline calls, including one that will speak to your inner poet.

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OT2017 #16: “Robots in Ireland”

OT2017 #16: “Robots in Ireland”The February sitting is over, but the argument recaps are just beginning. We welcome back Nina Totenberg to talk about four big cases from the past two weeks: Janus v. American Federation of State, County, and Municipal Employees, Council 31; Minnesota Voters Alliance v. Mansky; United States v. Microsoft Corp.; and Lozman v. City of Riviera Beach. Next week we’ll talk about orders and opinions, and we’ll […]

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OT2017 #16: “Robots in Ireland”

The February sitting is over, but the argument recaps are just beginning. We welcome back Nina Totenberg to talk about four big cases from the past two weeks: Janus v. American Federation of State, County, and Municipal Employees, Council 31Minnesota Voters Alliance v. ManskyUnited States v. Microsoft Corp.; and Lozman v. City of Riviera Beach.

Next week we’ll talk about orders and opinions, and we’ll also answer your questions—so call the hotline: 202-813-0839.

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OT2017 #15: “Respected By All Sides”

OT2017 #15: “Respected By All Sides”We’re switching it up and spending the whole episode on one case: United States v. Microsoft Corp. You know about storing stuff on the cloud– but what does it mean for your privacy when the cloud is technically located in another country? We’ll get help understanding both sides from two special guests: Andrew Woods, assistant professor of law at […]

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OT2017 #15: “Respected By All Sides”

We’re switching it up and spending the whole episode on one case: United States v. Microsoft Corp. You know about storing stuff on the cloud– but what does it mean for your privacy when the cloud is technically located in another country? We’ll get help understanding both sides from two special guests: Andrew Woods, assistant professor of law at the University of Kentucky, and Brad Smith, president and chief legal officer of Microsoft.

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OT2017 #14: “Justice for Stormy”

OT2017 #14: “Justice for Stormy”The Supreme Court’s long break is over and we’re here to preview some of the most interesting cases from the February sitting. We take a deep dive into Janus v. AFSCME, Lozman v. City of Riviera Beach, Currier v. Virginia and Ohio v. American Express, making our trademark predictions as to each case. We also speculate about who Justice Ruth […]

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OT2017 #14: “Justice for Stormy”

The Supreme Court’s long break is over and we’re here to preview some of the most interesting cases from the February sitting. We take a deep dive into Janus v. AFSCMELozman v. City of Riviera BeachCurrier v. Virginia and Ohio v. American Express, making our trademark predictions as to each case. We also speculate about who Justice Ruth Bader Ginsburg threw some recent shade at, and we wrap things up with some hotline calls.

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OT2017 #13: “Poker Face”

OT2017 #13: “Poker Face”In the bleak midwinter, the Supreme Court gave us three opinions to mull over while we wait for the next argument session. We’ll talk about the outcomes– and how they line up with our predictions– in District of Columbia v. Wesby and Artis v. District of Columbia. And for good measure, we’ll toss in about 30 seconds on National Association of Manufacturers v. Department of […]

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OT2017 #13: “Poker Face”

In the bleak midwinter, the Supreme Court gave us three opinions to mull over while we wait for the next argument session. We’ll talk about the outcomes– and how they line up with our predictions– in District of Columbia v. Wesby and Artis v. District of Columbia. And for good measure, we’ll toss in about 30 seconds on National Association of Manufacturers v. Department of Defense.

We’ll also talk about the justices’ presence at the State of the Union, the advent of #GorsuchStyle, and a redistricting move in Pennsylvania. Plus, we’ll clean out our hotline inbox to answer some of your questions.

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OT2017 #12: “False Idol”

OT2017 #12: “False Idol”It’s a federal courts feast this week, and the main course is a conversation with Professor Stephen Vladeck of the University of Texas School of Law, who argued for the petitioner in Dalmazzi v. United States. He’ll give us the answers to three very important questions: 1) At 6 feet 8 inches tall, did he […]

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OT2017 #12: “False Idol”

It’s a federal courts feast this week, and the main course is a conversation with Professor Stephen Vladeck of the University of Texas School of Law, who argued for the petitioner in Dalmazzi v. United States. He’ll give us the answers to three very important questions:

1) At 6 feet 8 inches tall, did he crank up the podium in the courtroom before addressing the justices?
2) What is the Golden CAAF award?
3) How on earth do you answer Justice Anthony Kennedy’s question about one of the most important cases in Supreme Court history?

For appetizers, we’ll provide a party platter of the grants that came out immediately after we finished recording last week’s episode. And for dessert, we’ll dish out a double scoop of hotline calls.

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