modus SCOTUS

This week, Bill and Venesia take a look at three recent hearings: (1) Shurtleff v. Boston, a First Amendment establishment clause argument; (2) Concepcion v. United States, a resentencing argument concerning the First Step Act; and (3) Federal Election Commission v. Ted Cruz for Senate, an election financing argument. Plus we touch on the history of the SCOTUS building. For more information, see: Our website: https://modusscotus.wixsite.com/modusscotus For more information on these cases: Shurtleff v. Boston, oral argument: https://www.supremecourt.gov/oral_arguments/audio/2021/20-1800 Oyez: https://www.oyez.org/cases/2021/20-1800 Concepcion v. United States, oral argument: https://www.supremecourt.gov/oral_arguments/audio/2021/20-1650 Oyez: https://www.oyez.org/cases/2021/20-1650 Federal Election Commission v. Ted Cruz for Senate, oral argument: https://www.supremecourt.gov/oral_arguments/audio/2021/21-12 Oyez: https://www.oyez.org/cases/2021/21-12 Music by ViraLöde

Welcome back! It has been too long. Bill and Venesia finally get together to catch up and talk about the same thing that everyone is talking about: vaccines! Specifically, what SCOTUS has to say about vaccine mandates in two recent cases: National Federation of Independent Business (NFIB) v. Department of Labor, Occupational Safety and Health Administration (OSHA) and Biden v. Missouri. Our website: https://modusscotus.wixsite.com/modusscotus For more information on these cases: NFIB v. OSHA, oral argument: https://www.supremecourt.gov/oral_arguments/audio/2021/21A244 Oyez: https://www.oyez.org/cases/2021/21A244 Biden v. Missouri, oral argument: https://www.supremecourt.gov/oral_arguments/audio/2021/21A240 Oyez: https://www.oyez.org/cases/2021/21A240 Music by ViraLöde

Bill and Venesia have a lot to say about speech! That is, speech under the First Amendment, specifically in Texas. SCOTUS recently had two oral arguments coming out of Texas regarding free speech rights: one regarding censures and the other about billboard signs. (Not exactly what you had in mind when thinking about the First Amendment, right?) Tune in to hear our thoughts on Houston Community College System v. Wilson and City of Austin, Texas v. Reagan National Advertising of Texas Inc. Our website: https://modusscotus.wixsite.com/modusscotus For more information on these cases: Houston CCS v. Wilson, oral argument: https://www.supremecourt.gov/oral_arguments/audio/2021/20-804 Oyez: https://www.oyez.org/cases/2021/20-804 Austin v. Reagan, oral argument: https://www.supremecourt.gov/oral_arguments/audio/2021/20-1029 Oyez: https://www.oyez.org/cases/2021/20-1029 Music by ViraLöde

This week, Bill and Venesia discuss abortion and gun rights. Talk about small-talk! Learn about what is going on with Texas’ SB8 law providing a private right of action against individuals who obtain an abortion after 6 weeks, and anyone who aids in the process. And learn about the newest attack on New York gun regulations. For more information on these cases, see: Whole Woman’s Health v. Jackson, Oral Argument: https://www.supremecourt.gov/oral_arguments/audio/2021/21-463 Oyez: https://www.oyez.org/cases/2021/21-463 New York State Rifle & Pistol Association Inc. v. Bruen, Oral Argument: https://www.supremecourt.gov/oral_arguments/audio/2021/20-843 Oyez: https://www.oyez.org/cases/2021/20-843 Music by ViraLöde.

This week, the Justices had a little fun contemplating how the criminal justice system should handle fictional characters such as Jean Valjean and centaurs. Bill and Venesia try to decipher the possible Fourth Amendment argument in Thompson v. Clark and the possible Eighth Amendment argument in U.S. v. Tsarnaev. Warning: this episode contains graphic descriptions of the 2013 Boston Marathon Bombing. For more information on this week’s cases, check out: Thompson v. Clark, oral argument: https://www.supremecourt.gov/oral_arguments/audio/2021/20-659 Thompson, Oyez: https://www.oyez.org/cases/2021/20-659 United States v. Tsarnaev, oral argument: https://www.supremecourt.gov/oral_arguments/audio/2021/20-443 Tsarnaev, Oyez: https://www.oyez.org/cases/2021/20-443 modusSCOTUS website: https://modusscotus.wixsite.com/modusscotus Music by ViraLöde

Welcome back! Bill and Venesia are back at it. Bill and Venesia are feeling warm and fuzzy knowing that the justices are all (almost) back together and doing what they do. This week, Bill and Venesia get together (virtually) to discuss two hearings: Wooden v. United States, a case about a career criminal statute in Georgia and United States v. Zubaydah, a case about federally protected CIA information. We also discuss some fun trivia about chief justices. Check out our website for the full story!  https://modusscotus.wixsite.com/modusscotus Cases discussed: Wooden v. United States, SCOTUS: https://www.supremecourt.gov/oral_arguments/audio/2021/20-5279 Oyez: https://www.oyez.org/cases/2021/20-5279 United States v. Zubaydah, SCOTUS: https://www.supremecourt.gov/oral_arguments/audio/2021/20-827 Oyez: https://www.oyez.org/cases/2021/20-827 Music by ViraLöde. 

Bill and Venesia get together to discuss the upcoming 2021 session. Hearings begin again on October 4th, so tune in to hear about the big cases coming up! Music by ViraLöde.

They're back! Bill and Venesia finally get around to discussing the final few opinions of the 2020 session: Americans for Prosperity Foundation v. Bonta, Johnson v. Guzman Chavez and Brnovich v. Democratic National Committee. Buckle up; this one is a bumpy ride!  For more information: AFP v. Bonta: https://www.supremecourt.gov/opinions/20pdf/19-251_p86b.pdf Johnson v. Guzman Chavez: https://www.supremecourt.gov/opinions/20pdf/19-897_c07d.pdf Brnovich v. DNC: https://www.supremecourt.gov/opinions/20pdf/19-1257_new_4g15.pdf Check out the modusSCOTUS website for more information: https://modusscotus.wixsite.com/modusscotus Music by ViraLöde.

Bill and Venesia are survive. Two days out from the bar exam, the Modus SCOTUS team briefly shares their takeaways from the study process thus far.

Happy Fourth of July weekend! After you are done celebrating America’s independence, eating hotdogs and sipping seltzer, tune in to hear about some recent opinions. Bill and Venesia discuss NCAA, Mahanoy, Lange and Cedar Point: Fair trade, First Amendment, Fourth Amendment and Fifth Amendment. Perfect topics for Independence Day! NCAA v. Alston: https://www.supremecourt.gov/opinions/20pdf/20-512_new_7mi8.pdf Mahanoy v. B.L.: https://www.supremecourt.gov/opinions/20pdf/20-255_g3bi.pdf Lange v. California: https://www.supremecourt.gov/opinions/20pdf/20-18_new_6k47.pdf Cedar Point v. Hassid: https://www.supremecourt.gov/opinions/20pdf/20-107_ihdj.pdf Music by ViraLöde.

Bill and Venesia finally get some of the decisions they have been waiting all term for! And the results are rather unexpected (except for the ones that we PERFECTLY predicted). SCOTUS released the opinions in Terry v. U.S., Greer v. U.S. and Fulton v. City of Philadelphia. Tune in to hear a little about why these cases came out the way they did and for some fun trivia about Father's Day! For more information about this episode: Justice Breyer robbed at machete-point during Caribbean vacation: https://www.cnn.com/2012/02/13/us/justice-breyer-robbed/index.html Terry v. United States, Opinion: https://www.supremecourt.gov/opinions/20pdf/20-5904_i4dk.pdf Greer v. United States, Opinion: https://www.supremecourt.gov/opinions/20pdf/19-8709_n7io.pdf Fulton v. City of Philadelphia, Opinion: https://www.supremecourt.gov/opinions/20pdf/19-123_g3bi.pdf Music by ViraLöde.

Bill and Venesia are back again (off schedule) because Venesia decided to go on vacation during an episode week. The nerve. So that means there will not be a new episode next Sunday. But we make-do by discussing statutory interpretation in Van Buren v. United States, and reflecting on the recent Fourth Amendment case, Caniglia v. Strom, as it will likely be applied to an Eighth Circuit case, Sanders v. United States. We also briefly reflect on some of the important victories for LGBTQ+ rights that passed through SCOTUS. Check out our website for more information and trivia: https://modusscotus.wixsite.com/modusscotus More information for this episode: Van Buren v. United States, SCOTUS opinion: https://www.supremecourt.gov/opinions/20pdf/19-783_k53l.pdf Sanders v. United States, SCOTUS order: https://www.supremecourt.gov/opinions/20pdf/20-6400_5hdk.pdf Music by ViraLöde.

We're back! Bill and Venesia cover some of the newest decisions from May 2021: Territory of Guam v. United States, Caniglia v. Strom, Edwards v. Vannoy and BP p.l.c. v. Mayor and City Council of Baltimore. Did we guess BP v. Baltimore correctly??? Tune in! Or check out our new website, https://modusscotus.wixsite.com/modusscotus For more information regarding the discussion: National Constitution Center, Breyer Talk: https://constitutioncenter.org/interactive-constitution/educational-video/justice-breyer-on-the-constitution-civil-discourse-and-the-courts Territory of Guam v. United States: https://www.supremecourt.gov/opinions/20pdf/20-382_869d.pdf Caniglia v. Strom: https://www.supremecourt.gov/opinions/20pdf/20-157_8mjp.pdf Edwards v. Vannoy: https://www.supremecourt.gov/opinions/20pdf/19-5807_new2_jhek.pdf BP p.l.c. v. Mayor and City Council of Baltimore: https://www.supremecourt.gov/opinions/20pdf/19-1189_p86b.pdf Music by ViraLöde.

Bill and Venesia wrap up the 2020-2021 term with a discussion of the final oral argument and a brief review of past and future decisions. ModusSCOTUS will be putting out new podcasts BIWEEKLY during the term break so that Bill and Venesia can study for the July bar exam. Yay. But don't worry! We will keep an eye out for SCOTUS opinions and stay up-to-date on all of the SCOTUS happenings during our biweekly roundups. If you miss us: find us on Twitter or Instagram! Information from this episode: Terry v. United States, oral argument: https://www.supremecourt.gov/oral_arguments/audio/2020/20-5904 Terry v. United States, Oyez: https://www.oyez.org/cases/2020/20-5904 21 U.S.C. § 841(b)(1)(C): https://uscode.house.gov/view.xhtml?req=(title:21%20section:841%20edition:prelim) Oral arguments mentioned during trivia: Barr v. American Association of Political Consultants, Inc (1hr 12m 54s) you can hear a toilet flush in the background. Colorado Department of State v. Baca (37m 36s) Thomas votes for Frodo. Bush v. Gore (37m 51s) Scalia reminds the advocate, “I’m Scalia.” Kerry v. Din (opinion) (4m 50s) Scalia calls Ginsburg, “Goldberg” and Breyer laughs. Kansas v. Colorado (33m 15s) Advocate calls J. Souter, “Ginsburg.” Yates v. United States: (7m 25s) Scalia tells Kagen how to pronounce a latin term. Central Va. Community College v. Katz (43m 20s) light bulb explodes during Ginsburg’s question A Computational Analysis of Oral Argument in the Supreme Court, Gregory M. Dickinson: https://ww3.lawschool.cornell.edu/research/JLPP/upload/Dickinson-final.pdf SCOTUSblog statistics: https://www.scotusblog.com/2021/05/on-a-new-conservative-court-kavanaugh-sits-at-the-center/ Music by ViraLöde.

Bill and Venesia fall down another rabbit hole of First Amendment questions. This time, we are discussing the April 26th hearing, Americans for Prosperity v. Bonta (Rodriquez), and whether charities can be forced to disclose the names of their donors. After that, we discuss Stare Decisis and Justice Thomas' latest push to overrule past precedent in his dissent to the denial of cert. in Doe v. United States. Find more about these cases and other topics below:  Americans for Prosperity v. Bonta, oral argument: https://www.supremecourt.gov/oral_arguments/audio/2020/19-251 Americans for Prosperity v. Bonta, Oyez: https://www.oyez.org/cases/2020/19-251 Doe v. United States, SCOTUS order: https://www.supremecourt.gov/opinions/20pdf/20-559_e2p3.pdf Medical Malpractice under National Defense Authorization Act, 2020: https://medicalmalpracticelawyers.com/national-defense-authorization-act-2020-allows-military-medical-malpractice-claims-for-first-time/ Independent Review Commission on sexual assault in the military: https://www.defense.gov/Explore/Spotlight/Independent-Review-Commission-on-Sexual-Assault-in-the-Military/ Stare Decisis and Due Process, Amy Coney Barrett: https://scholarship.law.nd.edu/law_faculty_scholarship/450/ Music by ViraLöde.

Bill and Venesia discuss 1st Amendment and 8th Amendment questions raised by SCOTUS in the April 28th oral argument, Mahanoy Area School District v. B.L., and the April 22nd decision, Jones v. Mississippi. Learn about when and where students are not protected by the 1st Amendment right to freedom of speech and the progeny of sentencing limits for juveniles. See below for more information on the discussion.  Mahanoy Area School District v. B.L. oral argument: https://www.supremecourt.gov/oral_arguments/audio/2020/20-255 Mahanoy Area School District v. B.L., Oyez: https://www.oyez.org/cases/2020/20-255 Tinker v. Des Moines Independent School District, Oyez: https://www.oyez.org/cases/1968/21 Morse v. Frederick (“Bong Hits 4 Jesus” case), Oyez: https://www.oyez.org/cases/2006/06-278 Jones v. Mississippi SCOTUS opinion: https://www.supremecourt.gov/opinions/20pdf/18-1259_8njq.pdf Jones v. Mississippi, Oyez: https://www.oyez.org/cases/2020/18-1259 Miller v. Alabama, Oyez: https://www.oyez.org/cases/2011/10-9646 Montgomery v. Louisiana, Oyez: https://www.oyez.org/cases/2015/14-280 Further information regarding Juvenile Life without Parole: https://www.sentencingproject.org/publications/juvenile-life-without-parole/ Learn more about Allen Brown: Cincinnati Magazine: https://books.google.com/books?id=WOsCAAAAMBAJ&pg=PA7&lpg=PA7&dq=Allen+Brown+Cincinnati&source=bl&ots=E6WtY3eDro&sig=WCw99kKdP-f5HCAzbQdZEUhg_08&hl=en&sa=X&ved=0ahUKEwjRl5yO5O_SAhVH0YMKHbPKAPEQ6AEISDAJ#v=onepage&q=Allen%20Brown%20Cincinnati&f=false Allen Brown’s Collection Comes to HCLL: https://lawlibrary.hamiltoncountyohio.gov/allen-browns-collection-comes-to-hcll/ Brandenburg v. Ohio, Oyez: https://www.oyez.org/cases/1968/492 Music by ViraLöde.

Bill and Venesia discuss appellate procedure and environmental law (sort of). Can an appellate court look outside of the trial record when affirming a conviction? Is Georgia ruining Florida's oyster fisheries? Plus: SCOTUS shuts down the FTC's attempt to collect damages from Dirty Money's Scott Tucker. Tune in to hear about these recent cases and more! Greer v. United States, Oyez: https://www.oyez.org/cases/2020/19-8709 Greer v. United States, oral argument: https://www.supremecourt.gov/oral_arguments/audio/2020/19-8709 Florida v. Georgia, SCOTUS opinion: https://www.supremecourt.gov/opinions/20pdf/22o142_m648.pdf AMG Capital Management LLC v. Federal Trade Commission, Oyez: https://www.oyez.org/cases/2020/19-508 Music by ViraLöde.

Another week without new court hearings! So Bill and Venesia discuss the recent executive order for a SCOTUS commission, the Congressional attempts to set a number of Court seats, the secretive nature of the Court's "Shadow Docket" and Justice Breyer's lecture on keeping politics out of the Court. Plus: when have presidents refused to enforce the decisions of the Supreme Court? All this and more! Harvard's 2021 Scalia Lecture, presented by Justice Breyer: https://www.youtube.com/watch?v=bHxTQxDVTdU&t=363s Executive Order on the Establishment of the Presidential Commission on the Supreme Court of the United States: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/04/09/executive-order-on-the-establishment-of-the-presidential-commission-on-the-supreme-court-of-the-united-states/ House Committee on the Judiciary hearing, the Shadow Docket: https://youtu.be/oC1Vo-MJ9IQ Democrats Unveil Long-Shot Plan To Expand Size Of Supreme Court From 9 To 13: https://www.npr.org/2021/04/15/987723528/democrats-unveil-long-shot-plan-to-expand-size-of-supreme-court-from-9-to-13 House Republican proposes constitutional amendment to prevent Supreme Court expansion: https://thehill.com/homenews/house/548570-house-republican-proposes-constitutional-amendment-to-prevent-supreme-court Music by ViraLöde.

Bill and Venesia try to recall their grade school grammar lessons while reviewing the April 1st opinion in Facebook v. Duguid. Bill gives an introduction to Section 230 of the Communications Decency Act of 1996 and how it impacts First Amendment rights on social media. If you liked this review of §230: good! Bill will be sharing more in future episodes. For now, feel free to reach out to us with questions or comments at modusSCOTUS@gmail.com and find us on Twitter: https://twitter.com/ModusScotus Find more about the cases discussed: Facebook v. Dugid, Opinion: https://www.supremecourt.gov/opinions/20pdf/19-511_p86b.pdf Biden v. Knight First Amendment Institute, Opinion: https://www.supremecourt.gov/opinions/20pdf/20-197_5ie6.pdf 47 U.S. Code § 230 - Protection for private blocking and screening of offensive material: https://www.law.cornell.edu/uscode/text/47/230 Music by ViraLöde.

Bill and Venesia discuss the March 31st hearing in NCAA v. Alston and the March 25th opinion in Torres v. Madrid. Also: happy birthday, Bill! NCAA v. Alston, Oyez: https://www.oyez.org/cases/2020/20-512 Torres v. Madrid opinion: https://www.supremecourt.gov/opinions/20pdf/19-292_21p3.pdf Music by ViraLöde.