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

As the White House continues vetting candidates for Justice Stephen Breyer's Supreme Court seat, the delicate D.C. dance of lobbying for certain individuals is well underway. On this week’s “SCOTUS Sweepstakes” episode of The Term, we take a closer look at two of the rumored "shortlisters" under consideration, plus a few “long list” candidates who have recently gained some traction.

Frustrations boiled over at the Supreme Court this week in a Voting Rights Act decision Monday that Justice Elena Kagan called a “disservice to Black Alabamians” and a further abuse of the court’s emergency docket, prompting a heated response from Justice Brett Kavanaugh. On this week's episode of The Term, we’re breaking down the case and the brewing debate over the court’s so-called “shadow docket," plus analyzing Justice Sonia Sotomayor’s virtual remarks this week to New York University School of Law.

The Harvard admissions case taken up by the Supreme Court could see the court's conservative majority overrule more than 40 years of precedent by ending affirmative action in higher education. Can America's preeminent school save its race-conscious admissions process? On this week’s episode of The Term we’re breaking down the blockbuster case with Law360 senior Boston courts reporter Chris Villani, plus giving some updates on a couple of other cases the justices took up including a dispute over the Clean Water Act.

Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. On this week’s episode, The Term breaks down the legacy he will leave behind and takes a look at what lays ahead for his potential successor with two special guests.

The Supreme Court this week agreed to hear the case of a high school football coach who prayed with students, weighed whether Boston could refuse to fly a Christian-themed flag, and debated Ted Cruz's challenge to campaign finance law. On this week’s episode of The Term, we’re breaking down a big week in First Amendment law.

The Supreme Court heard two emergency appeals Friday on whether to allow the Biden administration to impose vaccination or testing requirements on huge swaths of the American workforce. On this week’s episode of The Term, senior employment reporter Vin Gurrieri joins us to discuss the more than 3 hours of oral arguments, how the justices seemed to be leaning, and when we can expect a ruling on this urgent hot button issue.

With the year drawing to a close and the justices on break for the holiday, we’re taking the opportunity to look at how the first three months of the Supreme Court term have gone so far. On this week’s episode we welcome guest host and Law360 Pulse reporter Jack Karp, who has been tracking Supreme Court data throughout the term and will give a breakdown of the numbers: Which justices have spoken the most and the least, and just how bad is the gender disparity between advocates? Finally, we end with a look ahead to some of the cases on our radar for 2022.

Discrimination or church-state separation? That was the question the Supreme Court justices debated this week in a blockbuster First Amendment case over a Maine private school subsidy program that excludes "sectarian" schools. Law360's The Term dives into the arguments on this week's episode.

The Supreme Court appears likely to uphold Mississippi's 15-week abortion ban, but how far will the justices go in scaling back abortion rights? Law360's The Term analyzes the key moments from Wednesday's hearing that could decide the fate of Roe v. Wade.

Arguing before the Supreme Court is considered a privilege to most lawyers—a privilege longtime former Deputy Solicitor General Michael Dreeben has had over 100 times. This week on The Term podcast, Dreeben discusses his most memorable moments at the lectern and how he sharpened his advocacy skills.