SCOTUScast

On March 15, 2024, the Supreme Court issued its ruling in Pulsifer v. United States. The Supreme Court considered an Eighth Circuit case that raised the question: "Must a defendant show he does not meet any of the criteria listed in 18 U.S.C. § 3553(f) to qualify for a sentence lower than the statutory minimum?" At issue was the meaning of the word "and" in the statute, and whether text and context required "and" in this case be read as "and" to mean "or".

Join us to hear Vikrant Reddy break down the decision and offer his criticism of the Court's reasoning and ruling.


Featuring:
Mr. Vikrant Reddy, Senior Fellow, Stand Together Trust

On February 28, 2024, the Supreme Court heard oral argument in Garland v. Cargill. The Court considered whether bump stocks are considered "machineguns" as defined by Title 26 of the United States Code.

Please join us as we break down and analyze how oral argument went before the Court.

Featuring:
Stephen Halbrook, Senior Fellow, Independent Institute
(Moderator) Robert Leider, Assistant Professor of Law, George Mason University, Antonin Scalia Law School

On March 4, 2024, the Supreme Court issued its ruling in Trump v. Anderson. At issue was whether the Colorado Supreme Court erred in ordering former President Donald Trump excluded from the 2024 presidential primary ballot; the Court held that Colorado did err in excluding Trump from the ballot.

Join us to hear Professor Muller break down the decision and offer his criticism of the Court's reasoning and ruling.


Featuring:
Prof. Derek Muller, Professor of Law, Notre Dame Law School

On January 9, 2024, the Supreme Court will hear oral argument in Sheetz v. County of El Dorado, CA. The Court considered whether a building-permit exaction is exempt from the unconstitutional-conditions doctrine as applied in Nollan v. California Coastal Commission and Dolan v. City of Tigard, Oregon simply because it is authorized by legislation

Please join us as we break down and analyze how oral argument went before the Court.


Featuring:
David Lanferman, Partner, Rutan & Tucker LLP
Nancie Marzulla, Partner, Marzulla Law

On January 17, 2024 the Supreme Court heard oral arguments in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce. The Court considered whether it should overrule Chevron v. Natural Resources Defense Council, or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency.

Join us as we break down and analyze how oral argument went before the Court.


Featuring:
John Vecchione, Senior Litigation Counsel, New Civil Liberties Alliance

On January 16, 2024, the Supreme Court heard oral argument in Macquarie Infrastructure Corp. v. Moab Partners, L.P. The Court considered whether U.S. Court of Appeals for the 2nd Circuit erred in holding that a failure to make a disclosure required under Item 303 of SEC Regulation S-K can support a private claim under Section 10(b) of the Securities Exchange Act of 1934, even in the absence of an otherwise misleading statement.

Featuring:
Professor Adam Pritchard, Frances and George Skestos Professor of Law, University of Michigan Law School

On November 29, 2023, the Supreme Court heard oral argument in Securities and Exchange Commission v. Jarkesy. The Court considered three questions – (1) Whether statutory provisions that empower the Securities and Exchange Commission (SEC) to initiate and adjudicate administrative enforcement proceedings seeking civil penalties violate the Seventh Amendment; (2) Whether statutory provisions that authorize the SEC to choose to enforce the securities laws through an agency adjudication instead of filing a district court action violate the nondelegation doctrine; (3) Whether Congress violated Article II by granting for-cause removal protection to administrative law judges in agencies whose heads enjoy for-cause removal protection.

Join us as we break down and analyze how oral argument went before the Court.

Featuring:
Margaret A. Little, Senior Litigation Counsel, New Civil Liberties Alliance

On December 5, 2023, the Supreme Court heard oral argument in Moore v. United States. The Court considered whether the 16th Amendment authorizes Congress to tax unrealized sums without apportionment among the states.
Join us as we break down and analyze how oral argument went before the Court.

Featuring:
Professor David Schizer, Dean Emeritus and Harvey R. Miller Professor of Law and Economics, Columbia University Law School

On December 4, 2023, the Supreme Court heard oral argument in Harrington v. Purdue Pharma L.P. The Court considered whether as part of a plan of reorganization under a Chapter 11 bankruptcy, if the Bankruptcy Code authorizes a court to approve a release that extinguishes claims held by nondebtors against nondebtor third parties, without the claimants’ consent.
Join us as we break down and analyze how oral argument went before the Court.

Featuring:
Professor Anthony Casey, Donald M. Ephraim Professor of Law and Economics and Faculty Director at The Center on Law and Finance, University of Chicago Law School

On November 7, 2023, the Supreme Court heard oral argument in United States v. Rahimi. The Court considered whether 18 U.S.C. § 922(g)(8), prohibiting the possession of firearms by persons subject to domestic-violence restraining orders, violated the Second Amendment on its face
Join us as we break down and analyze how oral argument went before the Court.

Featuring:
Professor Mark W. Smith, Presidential Scholar and Senior Fellow in Law and Public Policy, The King’s College