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
June 14, 2021 • 17 min
On June 3, 2021 the Supreme Court decided Van Buren v. United States. The issue was whether a person who is authorized to access information on a computer for certain purposes violates Section 1030(a)(2) of the Computer Fraud and Abuse Act if he accesses the same information for an improper purpose.
In a 6-3 opinion authored by Justice Barrett, the Court reversed the ruling of the Court of Appeals for the Eleventh Circuit and remand...
In a 6-3 opinion authored by Justice Barrett, the Court reversed the ruling of the Court of Appeals for the Eleventh Circuit and remand...
Share
Mark as Played
June 11, 2021 • 22 min
On May 24, 2021 the Supreme Court decided United States v. Palomar-Santiago. The issue was whether a defendant who was removed from the United States is automatically entitled to a defense of invalid removal where the crime underlying his removal is no longer a qualifying removal offense within his circuit.
In a 9-0 opinion authored by Justice Sotomayor, the Court reversed the ruling of the Court of Appeals for the Ninth Circuit and...
In a 9-0 opinion authored by Justice Sotomayor, the Court reversed the ruling of the Court of Appeals for the Ninth Circuit and...
Share
Mark as Played
June 7, 2021 • 10 min
On June 1, 2021 the Supreme Court decided United States v. Cooley. The issue was whether the lower courts erred in suppressing evidence on the theory that a police officer of an Indian tribe lacked authority to temporarily detain and search the respondent, Joshua James Cooley, a non-Indian, on a public right-of-way within a reservation based on a potential violation of state or federal law.
In a 9-0 opinion authored by Justice Breye...
In a 9-0 opinion authored by Justice Breye...
Share
Mark as Played
June 3, 2021 • 24 min
On June 1, 2021 the Supreme Court decided City of San Antonio, Texas v. Hotels.com L.P. The issue was whether, as the U.S. Court of Appeals for the 5th Circuit alone has held, district courts “lack[] discretion to deny or reduce” appellate costs deemed “taxable” in district court under Federal Rule of Appellate Procedure 39(e).
In a 9-0 opinion authored by Justice Alito, the Court affirmed the ruling of the Court of Appeals for the ...
In a 9-0 opinion authored by Justice Alito, the Court affirmed the ruling of the Court of Appeals for the ...
Share
Mark as Played
May 25, 2021 • 25 min
On April 22, 2021 the Supreme Court decided Carr v. Saul. was whether a claimant seeking disability benefits under the Social Security Act forfeits an Appointments Clause challenge to the appointment of an administrative law judge by failing to present that challenge during administrative proceedings.
In a 9-0 opinion authored by Justice Sotomayor, the Court reversed the ruling of the United States Court of Appeals for the Tenth Cir...
In a 9-0 opinion authored by Justice Sotomayor, the Court reversed the ruling of the United States Court of Appeals for the Tenth Cir...
Share
Mark as Played
May 25, 2021 • 10 min
On May 17, 2021 the Supreme Court decided BP P.L.C. v. Mayor and City Council of Baltimore.The issue was was whether 28 U.S.C. 1447(d) permits a court of appeals to review any issue encompassed in a district court’s order remanding a removed case to state court when the removing defendant premised removal in part on the federal-officer removal statute, 28 U.S.C. 1442, or the civil-rights removal statute, 28 U.S.C. 1443.
In a 7-1 opi...
In a 7-1 opi...
Share
Mark as Played
May 25, 2021 • 12 min
On May 17, 2021 the Supreme Court decided Edwards v. Vannoy. The issue was whether the Supreme Court’s decision in Ramos v. Louisiana applies retroactively to cases on federal collateral review.
In a 6-3 opinion authored by Justice Kavanaugh, the Court affirmed the ruling of the United States Court of Appeals for the Fifth Circuit, holding, “The jury-unanimity rule announced in Ramos v. Louisiana does not apply retroactively on fede...
In a 6-3 opinion authored by Justice Kavanaugh, the Court affirmed the ruling of the United States Court of Appeals for the Fifth Circuit, holding, “The jury-unanimity rule announced in Ramos v. Louisiana does not apply retroactively on fede...
Share
Mark as Played
May 25, 2021 • 16 min
On April 22, 2021 the Supreme Court decided Jones v. Mississippi. The issue was whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible before imposing a sentence of life without parole.
In a 6-3 opinion authored by Justice Kavanaugh, the Court affirmed the ruling of the Supreme Court of Mississippi, holding, “The Eighth Amendment does not require a finding that a...
In a 6-3 opinion authored by Justice Kavanaugh, the Court affirmed the ruling of the Supreme Court of Mississippi, holding, “The Eighth Amendment does not require a finding that a...
Share
Mark as Played
May 25, 2021 • 22 min
On April 1, 2021 the Supreme Court decided Facebook Inc. v. Duguid. The issue was whether the definition of an "automatic telephone dialing system" in the Telephone Consumer Protection Act of 1991 encompasses any device that can “store” and “automatically dial” telephone numbers, even if the device does not “us[e] a random or sequential number generator.”
In a 9-0 opinion authored by Justice Sotamayor, the Court reversed the...
In a 9-0 opinion authored by Justice Sotamayor, the Court reversed the...
Share
Mark as Played
May 20, 2021 • 33 min
On April 28, 2021 the Supreme Court heard oral argument in Mahanoy Area School District v. B.L. The question before the court was whether Tinker v. Des Moines Independent Community School District, which holds that public school officials may regulate speech that would materially and substantially disrupt the work and discipline of the school, applies to student speech that occurs off campus.
Michael Dimino, Professor of Law at Wid...
Michael Dimino, Professor of Law at Wid...
Share
Mark as Played
May 19, 2021 • 29 min
On April 21, 2021 the Supreme Court heard oral argument in City of San Antonio v. Hotels.com. The question before the Court was whether, as the U.S. Court of Appeals for the 5th Circuit alone has held, district courts “lack[] discretion to deny or reduce” appellate costs deemed “taxable” in district court under Federal Rule of Appellate Procedure 39(e).
Charles Campbell, Associate Professor of Law and Interim Dean at Faulkner Univer...
Charles Campbell, Associate Professor of Law and Interim Dean at Faulkner Univer...
Share
Mark as Played
May 19, 2021 • 19 min
On May 17, 2021 the Supreme Court decided Caniglia v. Strom. The issue was whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home.
In a 9-0 opinion authored by Justice Thomas, the Court vacated the ruling of the Court of Appeals for the First Circuit and remanded the case. The Supreme Court held, “Neither the holding nor logic of Cady v. Dombrowski justifies the removal of Edw...
In a 9-0 opinion authored by Justice Thomas, the Court vacated the ruling of the Court of Appeals for the First Circuit and remanded the case. The Supreme Court held, “Neither the holding nor logic of Cady v. Dombrowski justifies the removal of Edw...
Share
Mark as Played
May 18, 2021 • 17 min
On April 21, 2021 the Supreme Court heard oral argument in Minerva Surgical Inc. v. Hologic Inc. The question before the Court was whether a defendant in a patent infringement action who assigned the patent, or is in privity with an assignor of the patent, may have a defense of invalidity heard on the merits.
Daniel Ortiz, Michael J. and Jane R. Horvitz Distinguished Professor of Law and Director of the Supreme Court Litigation Clin...
Daniel Ortiz, Michael J. and Jane R. Horvitz Distinguished Professor of Law and Director of the Supreme Court Litigation Clin...
Share
Mark as Played
May 18, 2021 • 18 min
On April 20, 2021 the Supreme Court heard oral argument in United States v. Gary. The question before the Court was whether a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. 922(g)(1) and 924(a), is automatically entitled to plain-error relief if the district court did not advise him that one element of that offense is knowledge of his status as a felon, regardless of whether he can show ...
Share
Mark as Played
May 18, 2021 • 15 min
On May 4, 2021 the Supreme Court heard oral argument in Terry v. United States. The question before the court was whether pre-August 3, 2010, crack offenders sentenced under 21 U.S.C. § 841(b)(1)(C) have a “covered offense” under Section 404 of the First Step Act.
Vikrant Reddy, Senior Reserch Fellow at the Charles Koch Institute, joins us today to discuss this case's oral argument.
Vikrant Reddy, Senior Reserch Fellow at the Charles Koch Institute, joins us today to discuss this case's oral argument.
Share
Mark as Played
April 29, 2021 • 24 min
On April 19, 2021 the Supreme Court heard oral argument in Sanchez v. Mayorkas. The question before the court was under 8 U.S.C. § 1254a(f)(4), a grant of temporary protected status authorizes eligible noncitizens to obtain lawful-permanent-resident status under 8 U.S.C. § 1255.
Hon. Grover Joseph Rees joins us today to dicsuss this case's oral argument.
Hon. Grover Joseph Rees joins us today to dicsuss this case's oral argument.
Share
Mark as Played
April 26, 2021 • 20 min
On March 23, 2021 the Supreme Court heard oral argument in United States v. Cooley. The question before the court was whether the lower courts erred in suppressing evidence on the theory that a police officer of an Indian tribe lacked authority to temporarily detain and search the respondent, Joshua James Cooley, a non-Indian, on a public right-of-way within a reservation based on a potential violation of state or federal law.
Anth...
Anth...
Share
Mark as Played
April 23, 2021 • 18 min
On April 1, 2021, the Supreme Court decided Florida v. Georgia, an ongoing case of original jurisdiction involving Florida’s desire to limit the amount of water that Georgia uses in the Apalachicola-Chattahoochee-Flint River Basin.
Justice Barrett, writing for the 9-0 majority, dismissed the case, holding that Florida failed to establish that Georgia’s overconsumption of interstate waters was either a substantial factor contributin...
Justice Barrett, writing for the 9-0 majority, dismissed the case, holding that Florida failed to establish that Georgia’s overconsumption of interstate waters was either a substantial factor contributin...
Share
Mark as Played
April 23, 2021 • 19 min
On March 31, 2021 the Supreme Court heard oral argument in NCAA v. Alston. The question before the court was Whether the U.S. Court of Appeals for the 9th Circuit erroneously held, in conflict with decisions of other circuits and general antitrust principles, that the National Collegiate Athletic Association eligibility rules regarding compensation of student-athletes violate federal antitrust law.
Hon. Joshua D. Wright, professor a...
Hon. Joshua D. Wright, professor a...
Share
Mark as Played
April 22, 2021 • 18 min
On March 29, 2021 the Supreme Court heard oral argument in Goldman Sachs Group Inc. v. Arkansas Teacher Retirement System. The questions before the court were whether, first, a defendant in a securities class action may rebut the presumption of classwide reliance recognized in Basic Inc. v. Levinson by pointing to the generic nature of the alleged misstatements in showing that the statements had no impact on the price of the securi...
Share
Mark as Played
Popular Podcasts
If you can never get enough true crime... Congratulations, you’ve found your people.
If you've ever wanted to know about champagne, satanism, the Stonewall Uprising, chaos theory, LSD, El Nino, true crime and Rosa Parks then look no further. Josh and Chuck have you covered.
Tired of the lies? Tired of the spin? Are you ready to hear the hard-hitting truth in comprehensive, conservative, principled fashion? The Ben Shapiro Show brings you all the news you need to know in the most fast moving daily program in America. Ben brutally breaks down the culture and never gives an inch! Monday thru Friday.
This is what the news should sound like. The biggest stories of our time, told by the best journalists in the world. Hosted by Michael Barbaro. Twenty minutes a day, five days a week, ready by 6 a.m.
Current and classic episodes, featuring compelling true-crime mysteries, powerful documentaries and in-depth investigations.