Episodes
It's the end of oral arguments, and this week the Court heard two big ones. Your hosts discuss Grants Pass, where the Court will decide whether it's "cruel and unusual punishment" to enforce anti-camping laws, and they discuss the Trump immunity case, which has big implications not only for the presidential election but for the office of the presidency forever. After that, Zack interviews legendary legal philosopher Hadley Arkes about his latest book, Mere Natural Law, and then Zack shows off...
Published 04/26/24
Published 04/26/24
This week the Court heard oral arguments in a case challenging a January 6th prosecution, had a spirited debate about nationwide injunctions, and issued major opinions on property rights and employment discrimination. Your hosts discuss all those developments, and then GianCarlo interviews Professor Andre Archie about his fascinating new book The Virtue of Color-Blindness, which defends color-blindness with the ideas of the great Greek philosophers. Lastly, Zack quizzes GianCarlo about...
Published 04/19/24
This week the Court heard oral arguments in the high-profile case challenging the Food and Drug Administration's expansion of access to the abortion drug mifepristone. GianCarlo discusses that case, oral arguments, and the mess of standing doctrine. After that, Zack interviews Professor John Yoo who gives his expert take on the Trump immunity case and makes his case that originalism is moral. Last up, trivia about the judiciary's own administrative state. You can find Zack's articles about...
Published 03/28/24
This term is shaping up to be a big one for free speech cases. The Court heard arguments in three such cases this week and handed down decisions in other cases involving public officials blocking people on social media, the FBI's No-Fly-List, and the meaning of the word "and." Your hosts discuss those cases, and then GianCarlo interviews Robert McNamara of the Institute for Justice about his career defending property rights. Last up, trivia is Justices in Uniform, part 2. Follow us on X...
Published 03/22/24
In this Rehearings episode, we replay our interview with Kansas Supreme Court Justice Caleb Stegall. Rehearings airs our favorite old interviews on weeks when things are otherwise quiet at the Supreme Court. Follow us on Twitter @scotus101 and @tzsmith. And please send questions, comments, or ideas for future episodes to [email protected]. Don't forget to leave a 5-star rating. Stay caffeinated and opinionated with a SCOTUS 101 mug. Hosted on Acast. See acast.com/privacy for more...
Published 03/14/24
This was a big week for former president Trump who prevailed in Trump v. Anderson against an attempt to remove him from the ballot in Colorado. Your hosts dive deep into that decision unpacking the majority opinion, the debate among the concurring justices, and the case's short- and long-term implications. After that, GianCarlo interviews Ninth Circuit Judge Kenneth Lee, who recounts his fascinating life and career, beginning with his immigration to the United States from Korea. Lastly,...
Published 03/08/24
This week brings the Court another Trump-related lawsuit and a bevy of high-profile oral arguments. Among those, the NetChoice cases, which will decide to what extent states can stop social media companies from censoring users because of their political views. Your hosts discuss those cases and a handful of others that challenge the powers of administrative agencies. GianCarlo then interviews John Vecchione, a grizzled veteran of the war against the administrative state, who has brought...
Published 02/29/24
In this Rehearings episode, we replay our interview with Judge Paul Kelly, Jr.. Rehearings airs our favorite old interviews on weeks when things are otherwise quiet at the Supreme Court. Follow us on Twitter @scotus101 and @tzsmith. And please send questions, comments, or ideas for future episodes to [email protected]. Don't forget to leave a 5-star rating. Stay caffeinated and opinionated with a SCOTUS 101 mug. Hosted on Acast. See acast.com/privacy for more information.
Published 02/22/24
In this Rehearings episode, we replay our interview with the Judge John Nalbandian. Rehearings airs our favorite old interviews on weeks when things are otherwise quiet at the Supreme Court. Follow us on Twitter @scotus101 and @tzsmith. And please send questions, comments, or ideas for future episodes to [email protected]. Don't forget to leave a 5-star rating. Stay caffeinated and opinionated with a SCOTUS 101 mug. Hosted on Acast. See acast.com/privacy for more information.
Published 02/16/24
This week brings us the biggest oral argument of the term: Trump v. Anderson, which will decide whether states can disqualify President Trump from the ballot. Your hosts recap the complicated legal issues and explore oral arguments. Zack and GianCarlo also discuss the two opinions released this week, which involve whistleblower protections and suing the government for false credit reporting. Zack interviews legendary class action lawyer Ted Frank who talks about his career and his now-famous...
Published 02/08/24
In this Rehearings episode, we replay our interview with the Judge Allison Jones Rushing. Rehearings airs our favorite old interviews on weeks when things are otherwise quiet at the Supreme Court. Follow us on Twitter @scotus101 and @tzsmith. And please send questions, comments, or ideas for future episodes to [email protected]. Don't forget to leave a 5-star rating. Stay caffeinated and opinionated with a SCOTUS 101 mug. Hosted on Acast. See acast.com/privacy for more information.
Published 01/26/24
This week your hosts discuss newly granted cases including one challenging a decision by the Ninth Circuit holding that camping regulations are "cruel and unusual punishment" when applied against the homeless. They also discuss the oral arguments in the Relentless and Loper Bright cases, which challenge Chevron Deference. After that, Zack interviews Judge John W. Holcomb. And finally, GianCarlo quizzes Zack with some challenging property-rights trivia. Here is Jack's article about the oral...
Published 01/19/24
Welcome back to SCOTUS 101 after the Court's winter break. The Court has granted several new cases, including Donald Trump's appeal from a ruling by the Colorado Supreme Court disqualifying him from the presidential election under Section 3 of the Fourteenth Amendment. After your hosts discuss the new cases and this week's oral arguments, GianCarlo interviews Professor Josh Blackman about the complicated issues surrounding Section 3. Last up, Zack grills GianCarlo with some very clever trivia...
Published 01/12/24
This week your hosts remember Justice Sandra Day O'Connor who passed away last week. Your hosts also discuss the first opinion of this term and the oral arguments from this week and last, which included challenges to administrative tribunals and to taxes on unrealized gains. GianCarlo then interviews Eleventh Circuit Judge Andrew Brasher. And finally, GianCarlo quizzes Zack with trivia about Justice O'Connor's life and career. Follow us on X (formerly Twitter) @scotus101 and @tzsmith. And...
Published 12/08/23
With GC out, Jack Fitzhenry once again joins Zack to dive into what's happening at SCOTUS. They discuss the new cases the Court has agreed to hear, the Rahimi oral argument, and NCAA/sports-related SCOTUS trivia. Zack then interviews Yonatan Green about the proposed reforms to Israel's judicial system and how those differ from the so-called reforms being proposed here in the United States. You can read what Zack has written on the issue here:...
Published 11/17/23
GianCarlo is back, the Court is hearing arguments again, and free speech is on the docket. Your hosts discuss a newly granted case that will decide whether the Biden Administration's coordination with social media companies to censor what it labeled misinformation violates the First Amendment. They then unpack the oral arguments in two more free speech cases and a case that challenges civil asset forfeiture procedures. In lieu of an interview, your hosts replay the annual Joseph Story...
Published 11/03/23
With GC on vacation, Jack Fitzhenry joins Zack to dive into what's happening at SCOTUS. They discuss the new cases the Court has agreed to hear, the oral arguments involving the CFPB's funding, whether an ADA tester's lawsuit is moot, and whether South Carolina legislators committed an unconstitutional gerrymander when drawing its latest Congressional map. Zack then interviews Judge Miller Baker of the Court of International trade about his career and what's happening in the legal profession...
Published 10/13/23
Another term is here! Check out what to expect when Zack hosts veteran Supreme Court advocates Paul Clement and Lisa Blatt to discuss several of the biggest cases the Court will hear this term. Follow us on X (formerly Twitter) @scotus101 and @tzsmith. And please send questions, comments, or ideas for future episodes to [email protected]. Don't forget to leave a 5-star rating. Stay caffeinated and opinionated with a SCOTUS 101 mug. Hosted on Acast. See acast.com/privacy for more...
Published 10/06/23
The end of the term has arrived, and all the biggest cases came with it. Your hosts explain the Harvard and UNC cases, the challenge to Biden's student loan bailout, 303 Creative, Groff v. Dejoy, and all the rest. There is no interview this week because of all the opinions, but no episode would be complete without trivia: it's surprising facts from the term's biggest opinions. Here is a link to GianCarlo's article. Follow us on Twitter @scotus101 and @tzsmith. And please send questions,...
Published 06/30/23
It's the second-to-last week of the term, and the Court handed down its big immigration case, United States v. Texas, another case involving Indian tribes, and cases involving murder-for-hire, a fantastical Russian financial fraud, and a scam to trick people into immigrating illegally. Your hosts discuss those cases, and then GianCarlo interviews Sixth Circuit Judge Amul Thapar about his new book The People's Justice: Clarence Thomas and the Constitutional Stories that Define Him. Judge...
Published 06/23/23
This week the Court handed down five opinions, two of which involved questions related to Indian Tribes, including one of the term's major cases, Haaland v. Brackeen. The decisions are heavy on textual analysis, showing that Justice Kagan was right when she said "we're all textualists now." Your hosts discuss the opinions, and then Zack tests GianCarlo's knowledge of some lesser-known facts about the Supreme Court's history. Further reading and listening: Professor Natelson on the Indian...
Published 06/16/23
Zack is out this week, so Cully Stimson is filling in. Cully and GianCarlo discuss the four opinions of the week, which include the Jack Daniels parody case and the race-based challenge to Alabama's congressional district maps. GianCarlo then interviews William Trachman, general counsel of Mountain States Legal Foundation, and the two talk about his career focusing on his work on civil rights and public schools. Last up, Cully takes Zack's place in the trivia hot-seat to answer questions...
Published 06/09/23
Four weeks to go in the term, and the Court handed down three opinions, which involved Medicare fraud, securities fraud, and labor union shenanigans. After your hosts discuss those opinions, Zack interviews veteran journalist James Rosen about his latest book Scalia: Rise to Greatness. James shares some of his best memories of the late Justice and shows what a debt he owed to his extraordinary wife, Maureen Scalia. After that, GianCarlo quizzes Zack with trivia about journalists at the...
Published 06/02/23
The Court handed down big decisions this week, all unanimous, including Sackett v. EPA and Tyler v. Hennepin County. After your hosts discuss those cases, GianCarlo interviews lawyer and novelist Chad Boudreaux. The two talk about his fascinating career and his latest legal thriller novel, Scavenger Hunt, which draws on Chad's unique knowledge of the inner workings of the Department of Justice. Last up, Zack quizzes GianCarlo with trivia about famous end-of-term opinions. Follow us on...
Published 05/26/23