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

The U.S. Supreme Court may be in recess, but the justices are still busy making speeches, attending events, and presiding over some pretty important business in the Senate. This week we recap the justices’ public remarks, including their thoughts on controversial new ethics guidance, Justice Elena Kagan’s secret Twitter account, and why the “golden gavel” Chief Justice John Roberts’ earned may pale in comparison to the pricey watch he wore during the impeachment hearings.

Justice Neil Gorsuch sure doesn’t like nationwide injunctions, a fact he made abundantly clear this week in a high-profile immigration case. We discuss Gorsuch’s attack on the slew of nationwide injunctions that lower courts have been issuing against the Trump administration. We also talk about what the justices are doing with their winter break and give an update on some cases to watch on the high court’s “shadow docket.”

What started out as a relatively low-key tax case has taken on new importance as the latest battleground over the separation of church and state. We’re joined by Law360 tax correspondent Maria Koklanaris to untangle the oral arguments. This week we’ll also discuss Justice Roberts late night admonition and use of an arcane insult at President Trump’s impeachment trial; and we discuss the status of two key Affordable Care Act cases.

Political scandals, an internet meme and impeachment dominated the news coming out of the Supreme Court this week. We break down what to expect from Chief Justice John Roberts in his role presiding over President Trump’s impeachment trial; where the justices stand after oral arguments over the New Jersey Bridgegate scandal; and what caused Roberts to refer to the “OK, Boomer” meme in court.

The new year has kicked off with some blockbuster issues facing the U.S. Supreme Court. We dive in to new filings in a case involving abortion law protections, upcoming arguments related to New Jersey’s Bridgegate scandal, and a petition to strike down the Affordable Care Act.

It’s the end of the year but for our last episode of 2019, we wanted to look ahead to how the Supreme Court’s newly bolstered conservative majority will flex its muscle the rest of this term and those to come. We’re joined by special guest UC Berkeley School of Law Dean Erwin Chemerinsky, who breaks down the new dynamics on the high court. We’ll also touch briefly on a few notable grants of certiorari that happened this week, including whether Manhattan prosecutors and House Democrats can access President Trump’s personal and business financial records.

The High Court is weighing in on the Affordable Care Act again, this time in a $12 billion fight between the government and health insurers. We break down the oral arguments in the trio of consolidated cases. This week we also discuss a ruling on some unusual intellectual property fees; an addition to the court’s docket over whether states can have laws that prevent the makeup of their courts from becoming overly partisan; and the latest on a battle over Trump’s financial documents.

The Supreme Court heard oral arguments this week in the first Second Amendment gun case in a decade, but will it prove to be a dud? We discuss that possibility this week, as well as the Trump administration seeking another emergency ruling and Justice Kavanaugh’s interest in reviving the long-dormant nondelegation doctrine to curtail executive agency power.

The Supreme Court heard no arguments this week, but that doesn’t mean things were dull for high court watchers. We’ll share some of Justice Elena Kagan’s thoughts about the court’s new two-minute oral argument policy (spoiler: she doesn’t love it) and touch down on Justice Brett Kavanaugh’s first major public speech since his bruising confirmation battle last year. Plus, we’ll discuss the court agreeing to hear the Google-Oracle smartphone war; Trump’s pressing request to block a House committee’s subpoena for his business records; and a high-profile gun case to watch in December.

On Tuesday the Supreme Court heard blockbuster arguments over the fate of the Deferred Action for Childhood Arrivals program. Senior immigration reporter Suzanne Monyak joins the show to share insights into the potential impact of the case, and Jimmy Hoover gives us a report on the atmosphere at First Street that day and how the justices seemed to be leaning. Plus, we discuss the court avoiding gun maker Remington’s bid to stop a lawsuit by the families of Sandy Hook victims and Justice Ruth Bader Ginsburg’s absence from the court on Wednesday.