Bloomberg Law's Cases and Controversies brings you the latest from the Supreme Court. Each week we preview oral arguments at the Court or feature in-depth interviews. We explore critical legal issues with Supreme Court advocates, judges, law professors, lawyers, and legal journalists. Hosts: Kimberly Robinson and Jordan Rubin.
Justices Ponder Smoking Centaurs and State Secrets
36:38The Supreme Court’s first oral argument sitting of the new term is in the books as the nine-case docket included disputes over state secrets and the Boston Marathon bombing. The MacArthur Justice Center’s Amir Ali joins Bloomberg Law’s Cases and Controversies podcast to talk about what it was like to argue in the high court’s new hybrid, in-person format. Ali represented the petitioner in Thompson v. Clark, a case about federal civil rights lawsuits that led Justice Samuel Alito to pose a hypothetical question about a half man/half horse with a nicotine addiction. Seriously.
Marathon Bomber, Abortion Arguments Hit Supreme Court
9:14The Supreme Court will hear heavy arguments in a short week including disputes over the Boston Marathon bombing and abortion litigation. On top of Dzhokhar Tsarnaev’s death-penalty case stemming from the 2013 bombing, the justices will also consider whether Kentucky’s Republican attorney general can defend the state’s abortion law after the Democratic governor declined. The high court will also hear a case about the rules for suing police, plus a dispute over civil-service pensions under the Social Security Act. Kimberly Robinson and Jordan Rubin give a sneak peek at those upcoming arguments on Oct. 12 and 13.
Justices Head Back to Their Courtroom For New Term
9:37In-person arguments will resume at the U.S. Supreme Court Oct. 4 after the courthouse was shuttered for the past year and a half due to Covid-19. Attendance in the courtroom is limited to staff, arguing attorneys, and a handful of journalists, so the court will continue to livestream the proceedings to the public. For this episode of Cases & Controversies, Kimberly Robinson and Jordan Rubin run down the five cases the justices will hear during their first week, including a battle between states over water rights and the federal government's attempt to block "state secrets" from being handed over to litigants.
What’s Happening in the Boston Marathon Bomber Case?
24:09When Supreme Court justices return to the courtroom for the new term in October, they’ll consider the government’s quest to reinstate Boston Marathon bomber Dzhokhar Tsarnaev’s death sentences. The court will hear arguments on Oct. 13 about pretrial publicity and mitigating evidence, as the justices decide whether to reverse an appeals court ruling that vacated Tsarnaev’s sentences for the 2013 bombing that killed three people and injured hundreds more. Attorney General Merrick Garland imposed an execution moratorium this past summer, raising the question of how that will play into the case, if at all. To help break down the issues, “Cases and Controversies” hosts Kimberly Robinson and Jordan Rubin are joined by Goodwin’s William Jay, who filed an amicus brief supporting the government on behalf of the National Fraternal Order of Police. Hosts: Kimberly Robinson and Jordan Rubin Guest: William Jay Producer: David Schultz Listen and subscribe to Cases and Controversies from your mobile device: Via Apple Podcasts | Via Stitcher | Via Overcast | Via Spotify
Summer Abortion Bombshell, Explained
19:35The Supreme Court is typically thought to be out most of the summer. But it issued a momentous opinion on abortion rights that came from the court's so-called "shadow docket." For this special episode of Cases and Controversies, hosts Jordan Rubin and Kimberly Robinson discuss where this opinion came from and why it came outside of the court's normal operating procedures. They also talk about how the justices came down in this case and what this ruling means for the liberal justices' prospects moving forward.
Term Review with ACLU’s David Cole
34:30The Supreme Court handed down the final two opinions of the term in argued cases, in contentious disputes involving voting rights and charity-donor disclosure. Progressives largely bemoaned both rulings, which fell 6-3 along ideological lines in the conservative-majority court. But the ACLU’s David Cole explained that, in his view, only the voting-rights ruling was wrong. Cole, the group’s national director who argued and won a school-speech case this term on behalf of a cursing cheerleader, joined Cases and Controversies hosts Kimberly Robinson and Jordan Rubin to review the 2020-21 term. He expressed optimism at the court’s rulings that crossed ideological lines in a handful of cases, though it remains to be seen whether that continues next term, which starts in October. Have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.
All Eyes on Breyer & Final Opinions of the Term
14:49The Supreme Court enters what is likely the final week of its term with a handful of cases remaining, including a closely watched one on Arizona ballot restrictions. All eyes, too, will be on Justice Stephen Breyer sometime after the last opinion is delivered to see if he retires, as progressives are pressuring him to do. Cases and Controversies dives into what's ahead and what the court did this past week in siding with student free speech and NCAA athletes in two big decisions. In Mahanoy Area School Dist. v. B. L., the Supreme Court ruled 8-1 in favor of high-school cheerleader Brandi Levy, saying her school went too far when it suspended her for her Snapchat rant after failing to make the varsity team. And the court unanimously ruled in favor of college athletes in NCAA v. Alston, saying schools can't conspire to deny students education-related compensation in the name of preserving "amateurism." Podcast hosts Kimberly Robinson and Jordan Rubin provide the details on decisions and look at what's coming up.
Blockbuster Opinions! Obamacare, LGBT Among Supreme Court's Latest Cases
23:09After weeks of low-profile rulings in technical cases, the justices dropped two of the most anticipated cases of the term on the same day this week. The court handed progressives a 7-2 win by once again upholding Barack Obama's signature healthcare law, while pleasing conservatives with a unanimous win for a religious group in the latest clash between LGBT rights and religious freedom. And although there appears to be broad agreement among the justices, the vote count masks significant disagreement among the nine. Cases and Controversies hosts Kimberly Robinson and Jordan Rubin discuss the rulings, implications for future cases, and even a few conspiracy theories. Have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.
Male-Only Military Draft Here to Stay After Court's Denial
30:35The Supreme Court rejected a petition challenging the military’s male-only draft, but a statement accompanying the denial from an interesting lineup of justices suggests the issue could come back to the court if Congress doesn’t act. Hogan Lovells partner Cate Stetson, who co-counseling with the ACLU brought the challenge, joins the latest Cases and Controversies to break down the issue and look at where it’s headed. She also talks with hosts Kimberly Robinson and Jordan Rubin about the justices’ seemingly-unusual alignments and how they show the court’s complexity. And the hosts recap the latest battle between Justices Elena Kagan and Brett Kavanaugh in a case that limited the scope of a repeat-offender gun law.
American Indian Law at the U.S. Supreme Court
30:23The Supreme Court unanimously reversed the Ninth Circuit on immigration and criminal justice, adding to the San Francisco-based appeals court’s string of high court losses. Cases and Controversies hosts Kimberly Robinson and Jordan Rubin break down those cases along with a third on a computer-hacking law that featured unusual alignments in the majority and dissent. Federal Indian law expert Mary Kathryn Nagle joins the podcast to explain the Ninth Circuit criminal case, United States v. Cooley, where the court affirmed tribal sovereignty and authority over non-Indians driving through reservations.