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The Term is a podcast from Law360 for the busy U.S. Supreme Court watcher. Give us about 15 minutes each week and we'll catch you up on all the big action at the nation's highest court, along with a list of what to watch in the coming sessions. Hosts senior Supreme Court reporter Jimmy Hoover in Washington, D.C. and editor-at-large Natalie Rodriguez in New York City cut through a busy docket to focus on the key cases and developments everyone will be talking about.
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Another U.S. Supreme Court season is in the books, and while the final week of opinions featured some supermajority holdings along party lines on divisive issues like affirmative action and gay rights, we also saw a number of decisions with unexpected lineups on issues like voting rights and religious freedom. This week, the hosts of both Pro Say a…
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The U.S. Supreme Court wrapped up its term on Friday with a pair of monumental opinions. First, the court ruled that a Christian website designer in Colorado can refuse services for same-sex weddings on account of her protected free speech rights, and in a second case struck down President Joe Biden’s ambitious student loan forgiveness plan. We wel…
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The U.S. Supreme Court on Thursday dismantled affirmative action in a 6-3 majority opinion which held that race-based admissions policies at Harvard and the University of North Carolina violated the Equal Protection Clause of the 14th Amendment. Law360 senior Boston courts reporter Chris Villani joins us to discuss the monumental ruling and its swe…
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The U.S. Supreme Court weighed in on a pair of important immigration questions Friday morning, deciding in one opinion to uphold a federal law that makes it a crime to encourage illegal immigration, and in another opinion reviving the Biden Administration’s selective deportation policy over challenges from the state of Texas and others. On this wee…
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The Indian Child Welfare Act, a 1978 federal law designed to stop the state and federal practice of removing Native American children from their communities, survived the U.S. Supreme Court on Thursday after a 7-2 majority held that the law does not illegally tread on state authority in regulating child custody programs. The justices stopped short …
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In one of the blockbuster voting rights cases of the Supreme Court term, a five-justice majority on Thursday concluded that an Alabama congressional map drawn following the 2020 census diluted Black voter representation in violation of Section 2 of the Voting Rights Act. Alabama’s electoral map packed a large number of Black voters into a single di…
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In one of the blockbuster employment cases of the term, the U.S. Supreme Court on Thursday gave companies the green light to sue over strikes that are structured to cause intentional damage to their property, dealing a blow to unions who argued that exposing strike actions to litigation could chill worker collective action. We talk you through the …
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The U.S. Supreme Court on Thursday set out to clarify what constitutes “waters of the United States” under the Clean Water Act and, in the process, settled on a more narrow reading that will limit the federal government’s authority to regulate wetlands. On this week’s episode of The Term, Law360 environmental senior reporter Juan Carlos Rodriguez d…
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The case that many court watchers speculated could break the internet by curtailing protections for social media companies sued over content on their platforms landed with a thud on Thursday, as the Supreme Court remanded the case back without weighing in on Section 230 of the Communications Decency Act. On this week’s episode of The Term we talk t…
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The U.S. Supreme Court finally chipped away at its mountain of outstanding opinions, releasing five decisions on Thursday. Among those, one upheld a California law banning in-state sales of pork products that come from animals kept in confined spaces, and another favored a trans asylum seeker who sought an appellate court review of their immigratio…
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The U.S. Supreme Court took up a case this week that could be the end of the road for a nearly 40-year precedent requiring judges to defer to federal agencies when interpreting statutes that are ambiguous – otherwise known as Chevron doctrine. On this week’s episode of The Term, we talk through how the issue landed at the court, and how far it migh…
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The Supreme Court this week grappled with an important procedural issue – when legal issues need to be reasserted after trial for appeal – that’s a must-watch for trial attorneys everywhere. On this week’s episode of The Term we talk through the case’s oral arguments, including comments from justices who served as trial judges or practiced in the c…
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When do menacing and unsavory statements cross the line from free speech to a "true threat" unprotected by the First Amendment? That’s the question the Supreme Court faced this week as they considered the case of a Colorado man convicted of stalking who says his First Amendment rights were violated when he was denied the right to explain the intent…
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How did some of the world's biggest tech companies come to benefit from a legal supershield making it almost impossible to sue them? The strange saga of Section 230 began 30 years ago with a notorious penny stock firm later made famous by Hollywood, and has now wound its way to the U.S. Supreme Court. This week, in a special partnership episode bet…
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Supreme Court Justice Clarence Thomas is once again under scrutiny for potential ethics violations following a bombshell report by ProPublica that he has been lavished with luxury trips by a Republican billionaire for more than 20 years. The Term podcast discusses the brewing controversy on this week's episode.…
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In a new book, veteran Supreme Court journalist Joan Biskupic takes readers into the cloistered chambers of the court from the Trump years to the Dobbs leak, revealing secret deal-making and brimming tensions between the justices at a tumultuous time for the institution. Biskupic discusses her reporting on this week's episode of The Term.…
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A federal law making it a crime to encourage illegal immigration appeared to set off alarm bells for some Supreme Court justices, who worried during a hearing Monday that it could be wielded against charities or even families who urge their "abuelita" to stay in the country. Law360's The Term breaks down the case on this week's episode.…
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The nation's most revered courtroom sounded like an elementary school classroom at times Wednesday, as the justices of the U.S. Supreme Court discussed a trademark battle over a poop-themed dog toy. On this week's episode, Law360's The Term discusses the bizarre case, which saw one justice ask whether the toy "purportedly contained some sort of dog…
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Tom Goldstein is retiring from his U.S. Supreme Court practice after 25 years and more than 40 arguments — but perhaps bigger than his legal imprint is how his unusual methods changed the Supreme Court bar forever. On this week's episode of The Term, we talk with Tom about the criticism he faced early in his career as an advocate, why he started th…
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The Supreme Court's conservative justices seemed to agree that the Biden administration has exceeded its authority with its massive student debt relief plan, but it's still unclear whether they believe six Republican states and two individuals have standing to challenge it in court. Law360's The Term recaps more than three hours of arguments on thi…
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The Supreme Court seemed largely interested this week in preserving the broad immunity that tech companies have enjoyed under Section 230 of the Communications Decency Act for decades, fearful of crashing the billion-dollar internet economy that has prospered in large part because of that legal shield. Law360's The Term breaks down BigTech's big we…
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When the Supreme Court revoked newly awarded civil rights for freed Black Americans after the Civil War, it was the scion of a Southern slave-holding family that stood up in protest: Justice John Marshall Harlan. Author Peter Canellos joins The Term this week to discuss why Justice Harlan, largely vindicated by history, is still overlooked for his …
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A whistleblower has come forward with new details about the lucrative recruitment work that the wife of Chief Justice John Roberts does for large law firms, including some with prolific Supreme Court practices. On this week's episode of The Term we discuss the story with help and insight from special guest Karen Vladeck, an expert in the world of l…
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At long last, the U.S. Supreme Court handed down its first two decisions of the Supreme Court this week, but one of them was a curious one-line dismissal of a case argued just weeks ago. Law360's The Term examines the possible reasons the justices decide to punt in a closely-watched case about the scope of attorney-client privilege.…
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Law360's The Term podcast reacts to the news that U.S. Supreme Court investigators have been unable to unmask the identity of the Dobbs leaker after eight months of investigation on this week's episode. Plus, a breakdown of this week's thorny immigration case and a dispute over whether foreign state-owned enterprises can be indicted…
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The U.S. Supreme Court has heard just over 30 cases in the first three months of the term, but has yet to decide a single one. Law360's The Term podcast discusses the historically slow start to the term, as well as two cases of particular interest to the legal and labor worlds.By Law360 - Legal News & Analysis
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The U.S. Supreme Court has recessed for winter break without issuing a single merits opinion in the slowest beginning of a term in years. Meanwhile, arguments are longer than they've been in decades. In its year-end episode, Law360's The Term asks: Do the justices need better time management skills?By Law360 - Legal News & Analysis
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If Republican lawmakers thought the conservative justices would fully embrace a novel theory stripping state courts of power to review federal election rules, Wednesday's oral arguments at the Supreme Court was a tough wake-up call. Law360's The Term breaks down Moore v. Harper on this week's episode.…
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The Supreme Court heard more than two hours of arguments Monday in this term's clash between LGBTQ rights and religious business owners, with the justices struggling to draw lines between free speech and discrimination. Law360's The Term recaps the hearing in a special recap episode.By Law360 - Legal News & Analysis
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The Supreme Court heard tense cases over public corruption prosecutions and new deportation guidelines for ICE agents this week, but there was news outside the courtroom as well when the court's in-house lawyer rejected allegations that Justice Samuel Alito divulged the outcome of a 2014 case at a dinner party. Law360's The Term discusses the lates…
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Overlooked for much of his career, Justice Samuel Alito was the toast of last week's Federalist Society gala for his landmark majority opinion overturning Roe v. Wade. Law360's The Term discusses the justice's moment in the spotlight and the fast-moving fight over President Donald Trump's tax returns.…
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The Supreme Court appeared divided Wednesday as it considered the legality of a 1978 law requiring state family courts to prioritize placing Indian foster children with native households. Law360's The Term recaps the 3-hour hearing on the Indian Child Welfare Act in this week's episode.By Law360 - Legal News & Analysis
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A month after turning away former President Donald Trump's appeal in the Mar-a-Lago document case, the Supreme Court is facing another request from the last occupant of the White House: shield his tax returns from House Democrats. Law360's "The Term" breaks down the latest "shadow docket" news on this week's podcast episode, plus a rare courtroom p…
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Harvard University, the University of North Carolina and various colleges around the country may soon have to reckon with a Supreme Court ruling declaring their race-conscious admissions policies to be unlawful, judging by the tone of Monday's oral arguments on the fate of affirmative action in higher education. Law360's The Term discusses what we …
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The composition of the Supreme Court has changed dramatically since Carter Phillips' first argument in 1982, but his preparation for his 89th argument next month will be largely the same. The Sidley Austin partner spoke to Law360's The Term this week on the lessons learned from his prolific career, and why he isn't surprised by his former colleague…
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A California initiative banning pork sold from sows raised in small confined spaces set off a two-hour debate at the Supreme Court this week, with the justices concerned about an escalatory "war" of morality laws between states with different political leanings. The Term breaks down the case on this week’s episode, as well as a pop culture-infused …
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Justice Ketanji Brown Jackson blasted off the blocks of her Supreme Court career this week, diving into oral arguments with a rare clarity of purpose for a new court member. Law360's The Term breaks down her enthusiastic start on this week's episode, plus some new Supreme Court cases and what they mean for BigTech.…
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As the U.S. Supreme Court prepares for the 2022-2023 term with a slate of new blockbuster cases, fall-out from last term's Dobbs decision and its leaked draft is still reverberating. While pandemic-era restrictions at the court are loosening, the hosts discuss with veteran court reporter Amy Howe what kind of "new normal" to expect at the high cour…
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A Supreme Court term that by any measure was historic has concluded, and it takes a village of podcasters to untangle everything that happened. So this week, hosts from Pro Say team up with the hosts of The Term to discuss this momentous term. We take a look at the conservative supermajority’s turn toward originalism and the shifting power dynamics…
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Thursday's swearing in of Justice Ketanji Brown Jackson as the first African American woman on the U.S. Supreme Court made history, but it was arguably the court's decision, just hours before, to curb the Environmental Protection Agency's authority to impose sweeping climate regulations that grabbed the most attention. Law360's The Term breaks down…
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On Friday, the Supreme Court overturned Roe v. Wade and upheld a Mississippi law banning abortions after 15 weeks of pregnancy. In this special episode, Law360's The Term breaks down the historic ruling and its potential impacts with constitutional scholar and professor Carolyn Shapiro.By Law360 - Legal News & Analysis
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States that require applicants to show a heightened need to obtain a license to carry firearms are violating the Constitution, the Supreme Court said in a blockbuster gun rights decision expanding the Second Amendment to outside the home. Law360's The Term discusses the ruling and other high court action on this week's episode, including the bigges…
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Handing down 11 opinions this week, the justices took a sizable bite out of its backlog and seem determined to wrap up its work on time before summer recess. From double jeopardy to immigration law, Law360's The Term explores the more noteworthy decisions buried in the week's caseload.By Law360 - Legal News & Analysis
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The Supreme Court is entering its blockbuster final stretch with just under 30 cases to go before summer recess, but the arrest this week of a man allegedly threatening to kill Justice Brett Kavanaugh has refocused attention on the personal safety of the justices. On this week’s episode of The Term we examine the latest threats surrounding the cour…
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With a report that the Supreme Court marshal is demanding cell records and affidavits from law clerks to find the source of the leaked abortion draft opinion, a veteran white collar defense lawyer joins Law360's The Term podcast on what advice he would give these elite, yet inexperienced, young attorneys. Also this week, the high court is on a reco…
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The Supreme Court has long held that ineffective assistance of counsel gives rise to a Sixth Amendment claim, but what happens when the lawyers tasked with making such a claim are themselves ineffective? On this week’s episode of The Term we discuss how Monday's ruling in Shinn v. Ramirez will make it difficult to do anything about that. We’re also…
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The Supreme Court has eliminated much of the risks associated with congressional candidates lending to their own political campaigns. This week on The Term, we’re discussing the court’s decision to strike down loan repayment restrictions passed 20 years ago to combat corruption, and why dissenting justices think it greenlights "sordid bargains" bet…
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This week, Law360's The Term podcast discusses the continued fallout over last week's leaked draft opinion overturning Roe v. Wade, including additional security for justices who are now facing protests of a much more personal nature—outside their homes. Plus, the hosts talk to Skadden's Shay Dvoretzky about his career as a Supreme Court lawyer.…
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Justice Samuel Alito based his draft decision overturning Roe v. Wade on the idea that abortion rights are not "deeply rooted" in the nation's history. On this week's episode of The Term, we welcome constitutional scholar and Stanford Law Professor Bernadette Meyler to discuss how Justice Alito's leaked bombshell opinion deals with a subject of int…
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