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SCOTUStalk

Author: SCOTUSblog

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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.

97 Episodes
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Since 2017, the Supreme Court has significantly increased its use of the process by which the justices hear and resolves emergency appeals, sometimes known as the shadow docket. These decisions are made without oral argument and often come in short unsigned orders. Stephen Vladeck, the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law, has closely tracked that change and its impact on the court as an institution in recent years. Vladeck joins Amy to discuss his new book The Shadow Docket. We are taking a hiatus from our regularly scheduled episodes this spring. We hope to be back soon. (Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.
In the first week of the February session, the justices heard oral arguments in two cases about the scoop of liability tech companies may face for user content. Amy is joined by Megan Iorio of the Electronic Privacy Information Center to break down those arguments in Gonzalez v. Google and Twitter v. Taamneh. EPIC filed an amicus brief in Gonzalez in support of neither party. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.(Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.
In another edition of our series of interviews with Supreme Court advocates, Amy sits down with Daniel Geyser, head of the Supreme Court practice at Haynes Boone. Geyser has argued 15 cases before the court, including two this term. He shares his thoughts on how to take advantage of the new argument structure and his advice for first time advocates.Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.(Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.
In an essay published in The New York Times this fall, two law professors, Lisa Tucker and Stefanie Lindquist, argued that the Supreme Court is increasingly setting aside significant decisions from the lower courts as if they never happened. The court is invalidating these decisions in brief procedural orders under what’s known as “Munsingwear vacatur.” Amy sits down with Tucker and Lindquist to hear more about the trend.Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.(Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.
After more than three decades covering the Supreme Court, Marcia Coyle has announced her retirement from the National Law Journal. Amy sits down with Coyle to discuss her career, her book, and how covering the court has changed over the years.Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.(Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.
The end of the calendar year means we’re about a third of the way through the SCOTUS year. Amy sits down with SCOTUSblog editor James Romoser to discuss the first three months of the 2022 term.Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.(Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.
The 800-pound gorilla

The 800-pound gorilla

2022-12-0523:251

UCLA election law professor Richard Hasen joins Amy to explain Moore v. Harper, the case in which North Carolina legislators ask the justices to consider a theory that would give state legislatures near complete power to regulate federal elections without interference from state courts. Hasen breaks down the theory, known as the independent state legislature theory, and points to important briefs and potential outcomes to keep an eye out for. Moore v. Harper will be argued Wednesday, Dec. 7.Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.(Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.
On Dec. 5 the justices will hear oral argument in 303 Creative v. Elenis, a clash between free speech rights and LGBTQ rights. Bloomberg News Supreme Court reporter Greg Stohr joins Amy to explain the case and what to expect at oral argument. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.(Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.
Michael Dreeben, who has argued 107 cases at the Supreme Court, joins us for another episode in our SCOTUS Spotlight series. Dreeben looks back on notable moments from his career as an advocate, including his very first argument -- in which he faced off against another first-timer by the name of John Roberts.Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.(Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.
On Oct. 31, the Supreme Court will hear oral arguments in two cases challenging the race-conscious admissions programs of Harvard College and the University of North Carolina. Amy talks to lawyers on both sides of the dispute. David Hinojosa is the director of the Educational Opportunities Project at the Lawyers’ Committee for Civil Rights Under Law. He will argue on behalf of five former UNC students of color in defense of the school’s admissions program. Cory Liu is a partner at Ashcroft Sutton Reyes. He filed an amicus brief opposing the admissions programs.Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.(Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.
The first week

The first week

2022-10-1028:361

The Supreme Court is back. After a packed first week of the 2022-23 term, Amy sits down with SCOTUSblog’s James Romoser and Katie Barlow to discuss the oral arguments, new dynamics on the bench, and a significant grant from the long conference. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.(Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.
On Friday, June 24, the court ruled in Dobbs v. Jackson Women’s Health Organization that the Constitution does not confer a right to abortion. Amy talks with abortion law scholar Mary Ziegler, professor of law at University of California, Davis, about the decision and what it means for those seeking abortion care across the country. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.(Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.
Another Supreme Court term will begin on Monday, October 3, with major cases on affirmative action, voting rights, and free speech. To talk through the cases already scheduled this year, Amy is joined by experienced Supreme Court attorneys Morgan Ratner, special counsel at Sullivan & Cromwell, and Jaime Santos, partner at Goodwin Procter. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.(Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.
Justice Ketanji Brown Jackson will take the bench next month as the court’s newest member. Amy is joined by Marin Levy, a professor at Duke Law School, to talk about what it’s like to join the court. Levy runs a popular Twitter account where she chronicles the history of the federal judiciary. You can find her at @marinklevy.Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.(Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.
In our latest SCOTUS Spotlight episode, Amy sits down with Kannon Shanmugam, a partner at Paul Weiss and a former assistant to the solicitor general. He has argued 35 cases before the court. Hosted on Acast. See acast.com/privacy for more information.
With the Supreme Court on summer recess, we are bringing back SCOTUS Spotlight, our series of interviews with lawyers who argue regularly before the court. Amy sits down with Roman Martinez, a partner at Latham & Watkins who has argued 11 cases at the court, both on behalf of the government and in private practice.Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.(Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.
Art Lien, best known for his watercolor sketches of the Supreme Court (and for his colorful banners on SCOTUSblog), retired with the close of the 2021-22 term. Amy sits down with Art to discuss his life and retirement, and to get a glimpse of what it was like to capture history where cameras cannot go.Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.(Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.
In the last opinion of the term, the Supreme Court ruled 6-3 in favor of a group of Republican-led states and coal companies to limit the Environmental Protection Agency’s ability to regulate carbon emissions system-wide. Amy sits down with investigative journalist and host of Drilled, Amy Westervelt, to discuss that case, West Virginia v. EPA, and what it means for the future of climate regulation. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.(Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.
During the week of June 13, the Supreme Court decided two immigration cases (involving bond hearings for noncitizens in immigration detention) and declined to decide a third (involving the Trump-era “public charge” policy for green card applicants). Shalini Bhargava Ray, who teaches immigration law and administrative law at the University of Alabama, joins Amy to break down these cases.Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.(Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.
In Planned Parenthood v. Casey’s dramatic joint opinion, the Supreme Court upheld the right to access an abortion 30 years ago this month. Amy talks with Kathryn Kolbert, who argued the case for Planned Parenthood. Kolbert explains what the 1992 argument was like from the inside and how she views Dobbs v. Jackson Women’s Health Organization.An attorney, journalist, and non-profit executive, Kolbert argued two reproductive rights cases before the Supreme Court and served as the first vice president of the Center for Reproductive Rights. She is the co-author of the book Controlling Women: What We Must Do Now to Save Reproductive Freedom. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.(Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.
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