Law360's The Term - News & Analysis on the Supreme Court

By Law360 - Legal News & Analysis

What's Law360's The Term - News & Analysis on the Supreme Court about?

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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S4, E31: Justices Dry Up Wa...

05.25.2023

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 ...

Law360's The Term - News & Analysis on the Supreme Court episodes:

05.25.2023 S4, E31: Justices Dry Up Water Regulation 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 ...
05.19.2023 S4, E30: The Internet Survives The Supreme Court, For Now 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 ...
05.11.2023 S4, E29: Huzzah, Here Come The High Court Opinions 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 ...
05.04.2023 S4, E28: The Beginning Of The End Of Chevron Deference? 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 ...
04.27.2023 S4, E27: Justices Tackle Critical Trial Procedure Question 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 ...
04.21.2023 S4, E26: When Are Online Threats Protected Free Speech? 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 ...
04.14.2023 Special Episode: From Wolf Of Wall Street To First Street 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 ...
04.06.2023 S4, E25: Another Supreme Court Ethics Scandal? 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 ...
04.04.2023 S4, E24: Inside A Turbulent Supreme Court With Joan Biskupic 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 ...
03.30.2023 S4, E23: Could Immigration Law Target 'Abuelita'? 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 ...
03.23.2023 S4, E22: No. 1 Or No. 2? Justices Ask In Potty Humor Case 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 ...
03.16.2023 S4, E21: How Tom Goldstein Changed The Game 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 ...
03.03.2023 S4, E20: What We Learned, And Didn't, From The Student Debt Hearings 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 ...
02.24.2023 S4, E19: BigTech Seems Likely To Keep Immunity, For Now... 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 ...
02.17.2023 S4, E18: Supreme Court Lawyers Adapt To Changed Bench The Supreme Court has replaced nearly half of its members in the last five years. This week, The Term discusses how lawyers who practice there have adjusted to the changing dynamics on the nation’s top bench.
02.09.2023 S4, E17: How Justice Harlan Became A Civil Rights Hero 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 ...
02.03.2023 S4, E16: The Jane Roberts Recruiting Story, Explained 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 ...
01.27.2023 S4, E15: Why Did Justices Duck Attorney-Client Privilege? 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 ...
01.20.2023 S4, E14: Leaker Unknown After 8 Months, 126 Interviews 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 ...
01.12.2023 S4, E13: Where Have All The Opinions Gone? 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 ...
12.16.2022 S4, E12: Do The Justices Need Time Management Training? 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 ...
12.09.2022 S4, E11: Justices Wary Of Novel Election Theory 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 ...
12.06.2022 S4, E10: Free Speech Or Discrimination? 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 ...
12.01.2022 S4, E9: Immigration, Corruption And Alito Ethics Intrigue 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 ...
11.17.2022 S4, E8: Alito Given Hero's Welcome By Conservatives 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 ...
11.10.2022 S4, E7: Justices Debate Native Homes For Native Kids 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 ...
11.03.2022 S4, E6: Trump Taxes And Courtroom Protests 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" ...
10.31.2022 S4, E5: The Grim Fate Of Affirmative Action 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 ...
10.27.2022 S4, E4: Carter Phillips On His Supreme Court Success 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 ...
10.13.2022 S4, E3: Justices Fear State 'War' Over Morality Laws 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 ...
10.07.2022 S4, E2: Justice Ketanji Brown Jackson Has The Floor 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 ...
09.30.2022 S4, E1: A New Normal For The Court? 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 ...
07.02.2022 S3 FINALE: Lessons From A Historic Supreme Court Term 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 ...
06.30.2022 S3, E36: A Stinging Blow To The EPA's Power On Climate 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 ...
06.24.2022 Special Episode: 50 Years Of Abortion Rights, Overturned 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 ...
06.23.2022 S3, E35: A Constitutional Right To Public Carry 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 ...
06.17.2022 S3, E34: Just Like That, Justices Back On Track 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 ...
06.09.2022 S3, E33: Kavanaugh Threat Casts Pall On Final Stretch 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 ...
06.02.2022 S3, E32: White Collar Atty To High Court Clerks—Lawyer Up 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 ...
05.26.2022 S3, E31: Supreme Court Limits Ineffective Counsel Claims 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 ...
05.19.2022 S3, E30: Self-Financing Political Campaigns Just Got Easier 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 ...
05.12.2022 S3, E29: Amid Leak Protests, Justices Get Security Boosted 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 ...
05.05.2022 S3, E28: How Alito Wields Abortion History To End Roe 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 ...
04.28.2022 S3, E27: Oklahoma Says Supreme Court Ruling Caused Crisis This week, Law360's The Term podcast discusses Oklahoma's attempt to contain the fallout from a 2020 Supreme Court ruling that classified a huge swath of the state as Indian Country. Plus, should the Biden administration have to continue a Trump ...
04.22.2022 S3, E26: Narrative Or Fact? The Case Of The Praying Coach Was a Washington high school football coach simply exercising his First Amendment rights when he prayed after games at the 50-yard line? Or was he actually pressuring students into joining him as a public school employee? The Supreme Court will ...
04.07.2022 S3, E25: Judge Jackson Clinches High Court Seat A historic confirmation. More shadow docket drama. Plus, what Justice Amy Coney Barrett is telling Americans to do before reacting to the blockbuster opinion season coming up. On this week’s episode of The Term we’re catching up on a busy ...
03.31.2022 S3, E24: Near 100, Federal Arbitration Act Timely As Ever It was a banner week for the Federal Arbitration Act in the U.S. Supreme Court this week, as the justices examined the nearly 100-year-old law in multiple cases, including one with huge ramifications for the nation's most populous state of ...
03.24.2022 S3, E23: Ketanji Brown Jackson Faces The Senate Four days. Emotional moments. Fierce partisanship. D.C. Circuit Judge Ketanji Brown Jackson made it through the crucible of the Senate Judiciary Committee this week, withstanding more than 20 hours of questioning from lawmakers. On this week’s episode of The Term ...
03.17.2022 S3, E22: The Push To Make The Court More Transparent The U.S. Supreme Court is famously slow to embrace change, but its experiment with live audio during the pandemic has been hailed by lawyers and court watchers as a success. This week, Law360's The Term speaks with Gabe Roth of ...
03.11.2022 S3, E21: Who Gets To Draw Congressional Maps? The U.S. Supreme Court turned away Republican challenges to court-ordered congressional maps in North Carolina and Pennsylvania, but a growing number of justices are showing interest in a novel legal theory that curbs the power of state courts to draw ...

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