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SCOTUScast

The Federalist Society

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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 ou ...
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On January 9, 2024, the Supreme Court will hear oral argument in Sheetz v. County of El Dorado, CA. The Court considered 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 P…
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On January 17, 2024 the Supreme Court heard oral arguments in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce. The Court considered whether it should overrule Chevron v. Natural Resources Defense Council, or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted els…
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On January 16, 2024, the Supreme Court heard oral argument in Macquarie Infrastructure Corp. v. Moab Partners, L.P. The Court considered 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 Securitie…
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On November 29, 2023, the Supreme Court heard oral argument in Securities and Exchange Commission v. Jarkesy. The Court considered three questions – (1) Whether statutory provisions that empower the Securities and Exchange Commission (SEC) to initiate and adjudicate administrative enforcement proceedings seeking civil penalties violate the Seventh …
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On December 5, 2023, the Supreme Court heard oral argument in Moore v. United States. The Court considered whether the 16th Amendment authorizes Congress to tax unrealized sums without apportionment among the states. Join us as we break down and analyze how oral argument went before the Court. Featuring: Professor David Schizer, Dean Emeritus and H…
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On December 4, 2023, the Supreme Court heard oral argument in Harrington v. Purdue Pharma L.P. The Court considered whether as part of a plan of reorganization under a Chapter 11 bankruptcy, if the Bankruptcy Code authorizes a court to approve a release that extinguishes claims held by nondebtors against nondebtor third parties, without the claiman…
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On November 7, 2023, the Supreme Court heard oral argument in United States v. Rahimi. The Court considered whether 18 U.S.C. § 922(g)(8), prohibiting the possession of firearms by persons subject to domestic-violence restraining orders, violated the Second Amendment on its face Join us as we break down and analyze how oral argument went before the…
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On February 22, the Supreme Court issued its ruling in Bartenwerfer v. Buckley. At issue was whether a debtor is liable for a debt incurred by her partner’s fraud and if she can discharge that debt in bankruptcy, regardless of her own culpability; the Court held that she could not discharge that debt. Join us to hear Prof. Plank break down the deci…
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On April 25, the Supreme Court heard oral argument in Yegiazaryan v. Smagin. At issue is whether a foreign plaintiff states a cognizable civil claim under the Racketeer Influenced and Corrupt Organizations Act when it suffers an injury to intangible property. Join us to hear Prof. Aaron Simowitz break down the background of the case and oral argume…
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On April 18, the Court heard oral argument in Groff v. Dejoy and is set to address two issues concerning the protections provided employees who seek to practice their religious beliefs in the context of the workplace. The Court is considering whether to overrule the “more-than-de-minimis-cost” test for refusing religious accommodations under Title …
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On May 11, the Supreme Court issued its ruling in Percoco v. United States. Justice Scalia once commented “[t]hough it consists of only 28 words, the [honest services] statute has been invoked to impose criminal penalties upon a staggeringly broad swath of behavior.” In this case, the Court is asked to decide if a private citizen who holds no elect…
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On March 29, 2023, the Supreme Court heard oral argument in Samia v. United States. The Court considered whether the admission of a codefendant’s redacted out-of-court confession that incriminates the defendant due to its content violates the Confrontation Clause of the Sixth Amendment. Join us as we break down and analyze how oral argument went be…
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On March 27, the Supreme Court heard oral argument in United States v. Hansen. At issue in Hansen is whether 8 U.S.C. § 1324(a)(1)(A)(iv) and (B)(i), a federal criminal statute that prohibits encouraging or inducing unlawful immigration for commercial or financial benefit sometimes termed “the encouragement provision,” violates the First Amendment.…
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In Jack Daniel’s Properties, Inc. v. VIP Products LLC, the Supreme Court is considering "Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark-infringement claims; and (2) w…
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On May 18, 2023, the Supreme Court issued its ruling in Polselli v. Internal Revenue Service. At issue was how much authority the IRS has (balanced against privacy rights) to seek records from third-party recordkeepers when it thinks such documents would help it collect a delinquent taxpayer’s payment. Join us to hear a discussion of the decision's…
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On November 4, 2022, the Supreme Court granted cert in Amgen Inc. v. Sanofi, a patent infringement case that involves the application of the statutory enablement requirement of Section 112 of the patent laws to what is referred to as a "genus claim" as it applies in the context of pharmaceutical applications. The two patents in dispute relate to an…
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On April 14, 2023, the Supreme Court issued its ruling in Axon Enterprise, Inc. v. Federal Trade Commission. At issue was whether Congress stripped federal district courts of jurisdiction over constitutional challenges to the FTC by granting the courts of appeals jurisdiction over FTC cease-and-desist orders. Join us to hear Ronald Cass and Henry S…
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On February 28, 2023, the Supreme Court issued its ruling in Delaware v. Pennsylvania and Wisconsin. The issue at hand was a dispute over whether uncashed MoneyGrams qualify as “a money order, traveler’s check, or other similar written instrument (other than a third party bank check) on which a banking or financial organization or a business associ…
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On April 18, 2023, the Supreme Court issued its ruling in New York v. New Jersey. The issue at hand is New Jersey's right to withdraw unilaterally from the 1953 Waterfront Commission Compact (with New York), in the face of opposition from New York. Tune in to hear Prof. Daniel Barnhizer, a contracts scholar and professor at Michigan State Universit…
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On March 28, 2023, the Supreme Court issued its ruling in Wilkins v. United States. The issue at hand is the Quiet Title Act's statute of limitations. Tune in to hear Prof. Ilya Somin, a scholar of constitutional law, federalism, and property law from the Antonin Scalia Law School at George Mason University, break down the vote and the decision's i…
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On April 24, 2023, the Supreme Court heard oral argument in Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin. At issue is whether the Bankruptcy Code abrogates tribal sovereign immunity. Join us to hear from Prof. Tom Gede as he breaks down the case.Por The Federalist Society
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On March 29, 2023, the Supreme Court heard oral argument in Polselli v. Internal Revenue Service. At issue is how much authority the IRS has (balanced against privacy rights) to seek records from third-party recordkeepers when it thinks such documents would help it collect a delinquent taxpayer’s payment. Join us to hear from Prof. David Schizer as…
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On March 28, 2023, the Supreme Court heard oral argument in Smith v. United States. At issue is a circuit split over the proper remedy for the government’s failure to prove venue: acquittal barring re-prosecution of the offense, or allowing the government to re-try the defendant for the same offense in a different venue. Join us to hear from Prof. …
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On March 21, 2023, the Supreme Court heard oral argument in Coinbase, Inc. v. Bielski. At issue is district court jurisdiction to proceed with litigation pending appeal (of the denial of a motion to compel arbitration) in arbitration cases under the Federal Arbitration Act. Join us to hear from Dr. Tamar Meshel as she breaks down the case and argum…
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On March 20, 2023, the Supreme Court heard oral argument in the consolodated cases of Arizona v. Navajo Nation and Dep. of Interior v. Navajo Nation. At issue is whether the federal government has an affirmative duty to the Navajo Nation to assess and provide for the Nation's water needs from particular sources, given that such a duty was not expre…
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On February 28, 2023, the U.S. Supreme Court heard oral argument in two cases challenging the Biden Administration's student loans forgiveness program: Board of Education v. Brown and Biden v. Nebraska. In August 2022, the Biden Administration's Department of Education announced plans to forgive up to $20,000 in federal student loans for borrowers …
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On February 27, 2023, the United States Supreme Court heard oral argument in Dubin v. United States. At issue in the case is whether, when using (reciting, mentioning, or employing) someone else’s' name or identifying information in the committing a predicate offense, one also commits aggravated identity theft. Petitioner David Dubin was convicted …
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On February 21, 2023, the U.S. Supreme Court heard oral argument in Gonzalez v. Google LLC. After U.S. citizen Nohemi Gonzalez was killed by a terrorist attack in Paris, France, in 2015, Gonzalez’s father filed an action against Google, Twitter, and Facebook. Mr. Gonzalez claimed that Google aided and abetted international terrorism by allowing ISI…
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On January 17, the Court heard oral argument in Santos-Zacaria v. Garland. The case involves immigration law and whether a court of appeals can review an immigrant’s petition that the Board of Immigration Appeals participated in impermissible fact finding because the immigrant did not exhaust this claim using a motion to reconsider. Join us to hear…
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On January 17, the U.S. Supreme Court heard oral argument in Turkiye Halk Bankasi A.S. v. United States. Turkiye Halk Bankasi A.S. (“Halkbank”) was indicted by a grand jury in 2019, and charged with involvement in a scheme to launder billions of dollars worth of proceeds from Iranian oil and natural gas, which was in violation of U.S. sanctions aga…
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The U.S. Supreme Court appears ready to clarify when and under what circumstances federal labor law preempts state tort claims for strike-related misconduct. On January 10, it heard oral arguments in Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local No. 174, a case involving the intentional destruction of an employer’s propert…
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On December 7, 2022, the U.S. Supreme Court heard oral argument in Moore v. Harper. Following the most recent census, North Carolina gained a House seat, and its legislature adopted a new district map. The state’s supreme court deemed that map a partisan gerrymander and substituted in its place the court’s own map. That result, it concluded, was re…
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On December 5, 2022, the Court heard oral argument in 303 Creative LLC v. Elenis, concerning public accommodation laws, compelled speech, and religious liberty as they relate to a website designer who stated it would be against her faith to design wedding announcement websites for same-sex couples. Join us to hear from Prof. Dale Carpenter as he br…
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On December 5, 2022, the Court heard oral argument in MOAC Mall Holdings v. Transform Holdco, which concerns appellate jurisdiction under Bankruptcy Code Section 363(m). Join us to hear from Prof. Thomas Plank as he breaks down the background and oral argument of the case.Por The Federalist Society
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On November 30, 2022, the Supreme Court heard oral argument in Wilkins v. United States. The issue at hand is the Quiet Title Act's statute of limitations. Tune in to hear Prof. Ilya Somin, a scholar of constitutional law, federalism, and property law from the Antonin Scalia Law School at George Mason University, break down the oral argument and of…
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On November 29, 2022, the Supreme Court heard oral argument in United States v. Texas. The issues at hand include whether states have standing to challenge the Department of Homeland Security's immigration guidelines and whether this DHS guidance violates the Administrative Procedure Act. Tune in to hear Prof. Ilya Somin, a scholar of constitutiona…
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On November 8, 2022, the Supreme Court heard oral argument in Mallory v. Norfolk Southern Railway Co. At issue is whether a state can require corporations to consent to personal jurisdiction in order to do business in the state, or whether such a requirement violates the due process clause of the 14th Amendment. Tune in to hear from Prof. Christoph…
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On November 7, the U.S. Supreme Court heard Axon Enterprise, Inc. v. Federal Trade Commission, to decide whether Congress stripped federal district courts of jurisdiction over constitutional challenges to the FTC by granting the courts of appeals jurisdiction over FTC cease-and-desist orders. This panel will discuss key take-aways from the oral arg…
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On November 7, 2022, the U.S. Supreme Court heard oral argument in Michelle Cochran v. U.S. Securities and Exchange Commission. In April 2016, the Securities and Exchange Commission (SEC) brought an enforcement action against Michelle Cochran, a certified public accountant, alleging that she had failed to comply with federal auditing standards. A S…
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On October 31, 2022, the U.S. Supreme Court heard Students for Fair Admissions Inc. v. President & Fellows of Harvard College (and Students for Fair Admissions Inc. v. University of North Carolina). In perhaps the most anticipated case of this term, the court considers a challenge to the use of racially preferential undergraduate student admissions…
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The Supreme Court is considering a lawsuit between rock and roll photographer Lynn Goldsmith and the Andy Warhol Foundation regarding Warhol’s works based on Goldsmith’s photo of the musician Prince. The fair use doctrine excuses from liability certain unlicensed uses of copyrighted works. The question before the Court in Warhol v. Goldsmith is whe…
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In National Pork Producers Council v. Ross, the Supreme Court will address the dormant commerce clause in the context of a California law regarding the housing of farm animals. Specifically, the Court will decide "whether allegations that a state law has dramatic economic effects largely outside of the state and requires pervasive changes to an int…
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On October 4, 2022 the U.S. Supreme Court heard oral argument in Merrill v. Milligan. Following the 2020 Census, the Alabama Legislature redrew its congressional district lines to account for shifts in the state’s population. With these new lines, only one of the state’s seven congressional districts was majority-minority. Several plaintiffs sued, …
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Millions of dollars are at stake in a dispute over whether uncashed MoneyGrams qualify as “a money order, traveler’s check, or other similar written instrument (other than a third party bank check) on which a banking or financial organization or a business association is directly liable,” pursuant to 12 U.S.C. § 2503, and therefore whether they sho…
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One of the longest-standing environmental law challenges is how to define the scope of waters regulated under the Clean Water Act known as “waters of the United States” (WOTUS). After decades of regulatory uncertainty, the Supreme Court has again taken up a case that may provide clarity. On October 3rd, the Court will hear oral argument in Sackett …
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On June 24, 2022, the US Supreme Court decided Dobbs v. Jackson Women's Health Organization. In a 6-3 decision, the Court reversed and remanded the decision of the US Court of Appeals for the Fifth Circuit, holding that the Constitution does not confer a right to abortion; that Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Case…
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On June 30, 2022, the Supreme Court decided West Virginia v. EPA. In a 6-3 decision, the Court held that EPA exceeded its authority under Clean Air Act Section 111 when it issued the 2015 Clean Power Plan, which sought to control carbon dioxide emissions from existing fossil fuel-fired power plants by imposing limits based on a “system” of shifting…
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On June 13 and 15, 2022, the Supreme Court decided Denezpi v. United States and Ysleta del Sur Pueblo v. Texas respectively. Both cases dealt with issues of Native American law. In Denezpi, a 6-3 Court ruled that the double jeopardy clause does not bar successive prosecutions of distinct offenses arising from a single act, in a case where a man was…
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On March 3, 2022, the U.S. Supreme Court decided Cameron v. EMW Women's Surgical Center. Writing for the 8-1 majority, Justice Samuel Alito explained how the the U.S. Court of Appeals for the Sixth Circuit erred in denying the Kentucky attorney general’s motion to intervene on the commonwealth’s behalf in litigation concerning Kentucky House Bill 4…
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On March 4, 2022, the U.S. Supreme Court decided United States v. Tsarnaev. In a 6-3 decision, the Court reversed the judgment of the U.S. Court of the Appeals for the First Circuit, holding that the court improperly vacated Dzhokhar Tsarnaev's capital sentences. The Court held that the judge's conduct of voir dire conformed to its precedents and r…
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