SCOTUScast
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 our entire SCOTUScast archive at http://www.federalistsociety.org/SCOTUScast
Episodes
April 2, 2025 • 19 mins
On February 25, 2025, the U.S. Supreme Court issued their 5-3 opinion in Glossip v. Oklahoma. The Court held that the prosecution violated its constitutional obligation to correct false testimony under Napue v. Illinois. and the Court has the jurisdiction to review the judgment of the Oklahoma Court of Criminal Appeals.
Please join us in discussing the decision and its future implications.
Featuring:
Zack Smith, Legal Fellow and Manag...
Please join us in discussing the decision and its future implications.
Featuring:
Zack Smith, Legal Fellow and Manag...
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March 24, 2025 • 34 mins
On February 21, 2025, the U.S. Supreme Court issued their 9-0 opinion in Williams v. Reed. The Court held that state courts may not deny those claims on failure-to-exhaust grounds when a state court’s application of a state exhaustion requirement in effect immunizes state officials from 42 U.S.C. § 1983 claims challenging delays in the administrative process.
Please join us in discussing the decision and its future implications.
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Please join us in discussing the decision and its future implications.
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March 19, 2025 • 24 mins
On February 26, 2025, the U.S. Supreme Court issued their 9-0 opinion in Dewberry Group, Inc. v. Dewberry Engineers Inc. The Court held that in a trademark infringement suit under the Lanham Act the court, when awarding the "defendant’s profits" to the prevailing plaintiff, can award only profits ascribable to the "defendant" itself.
Please join us in discussing the decision and its future implications.
Featuring:
Prof. Jake Linford, ...
Please join us in discussing the decision and its future implications.
Featuring:
Prof. Jake Linford, ...
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March 14, 2025 • 18 mins
On February 21, 2025, the U.S. Supreme Court issued their 9-0 opinion in Wisconsin Bell, Inc. v. United States, ex rel. Todd Heath. Because the government “provided” (at a minimum) a “portion” of the money applied for by transferring more than $100 million from the Treasury into the fund, the E-Rate reimbursement requests in this case are "claims" under the False Claims Act.
Please join us in discussing the decision and its future ...
Please join us in discussing the decision and its future ...
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March 13, 2025 • 24 mins
On January 17, 2025, the U.S. Supreme Court issued their 9-0 opinion in TikTok, Inc. v. Garland. The Court held that the Protecting Americans from Foreign Adversary Controlled Applications Act's provisions challenged by the petitioners do not violate the First Amendment rights of those petitioners.
Please join us in discussing the decision and its future implications.
Featuring:
Darpana Sheth Nunziata, Public Interest Litigator
Please join us in discussing the decision and its future implications.
Featuring:
Darpana Sheth Nunziata, Public Interest Litigator
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March 12, 2025 • 23 mins
On February 25, 2024, the U.S. Supreme Court issued their 7-2 opinion in Lackey v. Stinnie. The Court held that a party that receives a preliminary injunction but does not obtain a final judgment on the merits before a case becomes moot is not a "prevailing party" eligible for attorney's fees under 42 U.S.C. §1988(b)
Please join us in discussing the decision and its future implications.
Featuring:
William Maurer, Managing Attorney of ...
Please join us in discussing the decision and its future implications.
Featuring:
William Maurer, Managing Attorney of ...
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September 4, 2024 • 16 mins
On June 27, 2024, the U.S. Supreme Court issued their 6-3 opinion in SEC v. Jarkesy. The Court held that when the Securities and Exchange Commission seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial.
Please join us in discussing the decision and its future implications.
Featuring:
Devin Watkins, Attorney, Competitive Enterprise Institute
Please join us in discussing the decision and its future implications.
Featuring:
Devin Watkins, Attorney, Competitive Enterprise Institute
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September 3, 2024 • 31 mins
On June 26, 2024, the Supreme Court issued their opinion in Murthy v. Missouri. Originally filed as Missouri v. Biden, this case concerns whether federal government officials violated five individuals’ freedom of speech by “coercing” or “significantly encouraging” social media companies to remove or demote particular content from their platforms.
Experts discuss and react to this 6-3 ruling.
Featuring:
Moderator: Brent Skorup, Legal ...
Experts discuss and react to this 6-3 ruling.
Featuring:
Moderator: Brent Skorup, Legal ...
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August 21, 2024 • 23 mins
On June 13, 2024, the Supreme Court issued its ruling in Food and Drug Administration v. Alliance for Hippocratic Medicine holding that the plaintiffs lacked Article III standing to challenge the Food and Drug Administration’s regulatory actions regarding mifepristone.
Join us to hear our panel break down the decision and discuss its potential ramifications.
Featuring:
Adam Unikowsky, Partner, Jenner & Block LLP
Megan M. Wold, Partner...
Join us to hear our panel break down the decision and discuss its potential ramifications.
Featuring:
Adam Unikowsky, Partner, Jenner & Block LLP
Megan M. Wold, Partner...
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August 14, 2024 • 23 mins
On June 28, 2024, the Supreme Court issued its 6-2 decision in Loper Bright Enterprises v. Raimondo and its 6-3 decision in Relentless Inc. v. Department of Commerce. These decisions overturning Chevron v. NRDC (1984) may notably change the nature of the administrative state and the role of judges in reviewing agency actions moving forward.
Join us as we will discuss and break down the decision and the potential future impacts of th...
Join us as we will discuss and break down the decision and the potential future impacts of th...
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May 31, 2024 • 10 mins
On March 19, 2024, the Supreme Court issued its ruling in Federal Bureau of Investigation v. Fikre. At issue was whether or not the government failed to meet its burden to demonstrate that respondent's removal from the government’s No Fly List mooted his 42 U.S.C. § 1983 case.
Join us to hear Joseph Davis break down the decision and discuss its potential ramifications.
Featuring:
Mr. Joseph Davis, Legal Counsel, Becket Fund for Religi...
Join us to hear Joseph Davis break down the decision and discuss its potential ramifications.
Featuring:
Mr. Joseph Davis, Legal Counsel, Becket Fund for Religi...
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May 30, 2024 • 16 mins
On May 23, 2024, the Supreme Court issued its ruling in Coinbase, Inc. v. Suski. At issue was whether a court or an arbitrator must decide which contract governs where parties have agreed to two contracts — one sending arbitrability disputes to arbitration, and the other either explicitly or implicitly sending arbitrability disputes to the courts.
Join us to hear Professor Tamar Meshel break down the decision and discuss its potent...
Join us to hear Professor Tamar Meshel break down the decision and discuss its potent...
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On February 21, 2024, the Supreme Court issued its ruling in Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC. At issue was whether choice-of-law provisions in maritime contracts are presumptively enforceable under federal maritime law.
Join us to hear Professor Andrew Hessick break down the decision and discuss its potential ramifications.
Featuring:
Prof. Andrew Hessick, Judge John J. Parker Distinguished Professor of Law...
Join us to hear Professor Andrew Hessick break down the decision and discuss its potential ramifications.
Featuring:
Prof. Andrew Hessick, Judge John J. Parker Distinguished Professor of Law...
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May 7, 2024 • 15 mins
On April 17, 2024, the Supreme Court issued its ruling in Muldrow v. City of St. Louis, Missouri. At issue was whether an employee challenging a job transfer under Title VII must show that the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be significant.
Join us to hear Alison Somin break down the decision and discuss its potential ramifications.
Featuring:
...
Join us to hear Alison Somin break down the decision and discuss its potential ramifications.
Featuring:
...
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May 3, 2024 • 15 mins
On April 12, 2024, the Supreme Court issued its ruling in Bissonnette v. LePage Bakeries Park St., LLC. At issue was whether a transportation worker need not work in the transportation industry to be exempt from coverage under Section 1 of the Federal Arbitration Act.
Join us to hear Professor Samuel Estreicher break down the decision and discuss its potential ramifications.
Featuring:
Prof. Samuel Estreicher, Dwight D. Opperman Profe...
Join us to hear Professor Samuel Estreicher break down the decision and discuss its potential ramifications.
Featuring:
Prof. Samuel Estreicher, Dwight D. Opperman Profe...
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May 2, 2024 • 27 mins
On April 25, 2024, the Supreme Court heard oral argument in Trump v. United States. The Court considered whether, and if so to what extent does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.
Please join us as we break down and analyze how oral argument went before the Court.
Featuring:
Mr. Steven Bradbury, Distinguished Fellow, The Her...
Please join us as we break down and analyze how oral argument went before the Court.
Featuring:
Mr. Steven Bradbury, Distinguished Fellow, The Her...
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April 30, 2024 • 23 mins
On April 12, 2024, the Supreme Court issued its ruling in Sheetz v. County of El Dorado, California. At issue was whether a building-permit exaction is exempt from the unconstitutional-conditions doctrine as applied in Nollan v. California Coastal Commission and Dolan v. City of Tigard, Oregon simply because it is authorized by legislation.
Join us to hear Nancie Marzulla and Jayson Parsons break down the decision and discuss its po...
Join us to hear Nancie Marzulla and Jayson Parsons break down the decision and discuss its po...
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April 29, 2024 • 17 mins
On April 16th, 2024, the Supreme Court issued its ruling in Devillier v. Texas. At issue was whether owners of property north of U. S. Interstate Highway 10 adversely affected by the flood evacuation barrier constructed by Texas should be permitted on remand to pursue their takings clause claims through the cause of action available under Texas law.
Join us to hear Prof. Ilya Somin break down the decision and discuss its potential r...
Join us to hear Prof. Ilya Somin break down the decision and discuss its potential r...
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April 26, 2024 • 17 mins
On April 17, 2024, the Supreme Court issued its ruling in McIntosh v. United States. At issue was whether a district court’s failure to comply with Federal Rule of Criminal Procedure 32.2(b)(2)(B)’s requirement to enter a preliminary order imposing criminal forfeiture before sentencing bars a judge from ordering forfeiture at sentencing subject to harmless-error principles on appellate review.
Join us to hear Stefan Cassella break d...
Join us to hear Stefan Cassella break d...
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April 24, 2024 • 12 mins
On April 12, 2024, the Supreme Court issued its ruling in Macquarie Infrastructure Corp. v. Moab Partners, L.P. At issue was whether U.S. Court of Appeals for the 2nd Circuit erred in holding that a failure to make a disclosure required under Item 303 of SEC Regulation S-K can support a private claim under Section 10(b) of the Securities Exchange Act of 1934, even in the absence of an otherwise misleading statement.
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Join us to hear ...
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