Amy talks to Professor Nicole Stelle Garnett and supervising attorney John Meiser of the Religious Liberty Clinic at Notre Dame Law School about the amicus brief the clinic filed in Kennedy v. Bremerton School District. The brief calls on the court to address and throw out the “endorsement test." That test has been used to determine whether public religious expression is private or government speech. The court will hear argument in the case on April 25.
Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.
(Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.

The “reasonable observer” of prayer in school

SCOTUStalk is a nonpartisan podcast about the Supreme Court for lawyers and non-lawyers alike, brought to you by SCOTUSblog. SCOTUStalk is hosted by Amy Howe and produced and edited by Ellena Erskine. Hosted on Acast. See acast.com/privacy for more information.

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Since 2017, the Supreme Court has significantly increased its use of the process by which the justices hear and resolves emergency appeals, sometimes known as the shadow docket. These decisions are made without oral argument and often come in short unsigned orders. Stephen Vladeck, the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law, has closely tracked that change and its impact on the court as an institution in recent years. Vladeck joins Amy to discuss his new book The Shadow Docket. 
We are taking a hiatus from our regularly scheduled episodes this spring. We hope to be back soon. 
(Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.

The shadow docket with Steve Vladeck

In the first week of the February session, the justices heard oral arguments in two cases about the scoop of liability tech companies may face for user content. Amy is joined by Megan Iorio of the Electronic Privacy Information Center to break down those arguments in Gonzalez v. Google and Twitter v. Taamneh. EPIC filed an amicus brief in Gonzalez in support of neither party. 
Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from. (Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.

Section 230 and the internet

In another edition of our series of interviews with Supreme Court advocates, Amy sits down with Daniel Geyser, head of the Supreme Court practice at Haynes Boone. Geyser has argued 15 cases before the court, including two this term. He shares his thoughts on how to take advantage of the new argument structure and his advice for first time advocates.
Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.
(Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.

SCOTUS Spotlight: Daniel Geyser

In an essay published in The New York Times this fall, two law professors, Lisa Tucker and Stefanie Lindquist, argued that the Supreme Court is increasingly setting aside significant decisions from the lower courts as if they never happened. The court is invalidating these decisions in brief procedural orders under what’s known as “Munsingwear vacatur.” Amy sits down with Tucker and Lindquist to hear more about the trend.
Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.
(Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.

What’s going on with Munsingwear?


 After more than three decades covering the Supreme Court, Marcia Coyle has announced her retirement from the National Law Journal. Amy sits down with Coyle to discuss her career, her book, and how covering the court has changed over the years.
Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.
(Music by Keys of Moon Music via Soundcloud) Hosted on Acast. See acast.com/privacy for more information.

The “reasonable observer” of prayer in school

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