Supreme Court justices will consider a dispute over congressional powers to authorize discrimination suits against states brought by service members injured abroad.

Cases and Controversies discusses former Texas State Trooper Le Roy Torres' suit against the state Department of Public Safety for employment accommodations. He says he suffered lung damage due to exposure to burn pits while deployed in Iraq as an Army reservist.

His attorney, Brian Lawler, explains how Texas and a handful of states say the federal government can't authorize such suits against states, even though they can be brought against local governments.

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It's been a week since President Biden announced he would be nominating Kejanji Brown Jackson to replace Stephen Breyer on the Supreme Court. Since then, there have been few if any signs that Democrats will have trouble confirming her.

Cases and Controversies recaps the latest on the Jackson nomination and looks into what, if anything, Republicans can do to stop it.

Guest host David Schultz also examines this week's oral argument in West Virginia v. EPA, in which the justices appeared less hostile than expected to the executive branch's attempts to tackle climate change.

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We finally have an answer: President Biden has picked federal judge Ketanji Brown Jackson as his pick to replace the outgoing Supreme Court Justice Stephen Breyer. We have instant reaction from hosts Jordan Rubin and Kimberly Robinson along with a preview of next week's arguments.

The Supreme Court kicks off the argument week with a potential blockbuster over the executive branch's ability to tackle climate change.

Although consequential on its own, the challenge to EPA's authority to regulate greenhouse gases could reverberate across administrative law by demanding more from Congress when it wants agencies to regulate "major questions."

Cases discussed in this episode

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Supreme Court justices are set for a short week of arguments while the country awaits Joe Biden’s decision on his choice to replace Justice Stephen Breyer. An announcement is expected by month’s end.

With the Presidents Day holiday on Monday, the justices are hearing two cases on Tuesday over tribal gaming and double jeopardy for American Indians. A procedural argument follows Wednesday over the Trump-era public-charge rule that blocked green cards for noncitizens needing public benefits.

Cases and Controversies gives a sneak peek as the justices return from their mid-winter break.

The Supreme Court appears ready to continue reining in the so-called administrative state in an EPA climate case set for argument this month.

On the latest Cases and Controversies podcast, hosts Kimberly Robinson and Jordan Rubin preview the next chance for the 6-3 conservative majority to flex its muscles in this blockbuster term.

The hosts are joined by Case Western law professor Jonathan Adler to explain the upcoming challenge to EPA authority to regulate greenhouse gases, and how it fits with high court rulings striking down the Biden administration’s attempts to deal with the pandemic.

Cases discussed in this episode:

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Justice Stephen Breyer’s retirement announcement gives President Joe Biden the chance to put the first Black woman on the high court and prevent Democrats from losing another seat to Republicans.

On the latest Cases and Controversies episode, Kimberly Robinson and Jordan Rubin break down Breyer’s impending departure, his legacy, his potential replacements, and what that replacement means—and doesn’t mean—for the future of the court.

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Justice Stephen Breyer is known for letting his flamboyant intellect shine on the bench. And, according to those who clerked for him, Breyer's personality outside of the courtroom was no different.

It was reported earlier today that this will be the 27-year veteran of the Supreme Court's final term. To learn more about who Breyer is, we spoke with some of the attorneys who clerked for the Justice over the years.

Breyer was described as someone with an insatiable, extroverted mind, who thrived on conversation—sometimes to a fault. Andrew Crespo, a former clerk and current Harvard Law School professor, said going to lunch with the Justice required finding a restaurant with lots of space "so that, when we're sitting down and he's telling us all these stories about the Court, that we weren't accidentally sitting next to a reporter."

In this special episode of our Cases & Controversies podcast, former Breyer clerks share stories from their time at the Court and about the man they describe as a "happy warrior," who remained optimistic despite a tenure spent, for the most part, in the Court's ideological minority.

In this episode we hear from:

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The Supreme Court had a short but busy week, issuing orders on the Texas abortion law and Donald Trump’s attempt to keep records from the Jan. 6 commission, while hearing arguments and also issuing rare public statements on mask-wearing at the high court.

Cases and Controversies podcast hosts Kimberly Robinson and Jordan Rubin recap the “Maskgate” controversy that stemmed from an NPR report on Justice Gorsuch's alleged refusal to wear a mask during oral arguments. They also talk to Josh McDaniel, director of Harvard Law’s religious freedom clinic.

The clinic filed a brief supporting the prisoner seeking resentencing in Concepcion v. United States, argued Jan. 19.

Topics discussed in this episode:

Masks & the justices--00:40

In re Whole Woman's Health--9:41

Trump v. Thompson--16:20

Concepcion v. U.S.--19:30

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The Supreme Court issued its anticipated rulings on the Biden administration’s vaccine rules affecting millions of Americans, as the justices continue to hear cases in the first oral-argument sessions of 2022.

Cases and Controversies hosts Kimberly Robinson and Jordan Rubin recap the vaccine opinions and give a sneak peek of upcoming arguments on Jan. 18 and 19.

Those hearings include disputes over religion in Boston, Nazi-looted art in Spain, campaign finance in the Ted Cruz campaign, and criminal sentencing under the Trump-signed First Step Act of 2018.

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The Supreme Court starts 2022 with an ultra-rare Friday argument session over President Joe Biden’s vaccine policies as the country continues to struggle with Covid-19.

The justices will hear back-to-back arguments Friday over the employer and healthcare-worker mandates, an unusual step for the sort of emergency litigation that the court generally decides with briefs alone.

Cases and Controversies hosts Kimberly Robinson and Jordan Rubin give a sneak peek of the action and also preview the arguments coming up the week of Jan. 10, featuring disputes over Medicaid payments, immigrant detention, and whether tax courts can forgive late legal filings.