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Justice Breyer's Warning

Episode Date: April 8, 2021

Our hosts start today’s episode by diving into the Supreme Court’s 6-2 opinion in Google v. Oracle, a multibillion dollar copyright case involving whe...

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Common Carriers

Episode Date: April 5, 2021

It was a slow day at the Supreme Court today, but our hosts are here to give us a breakdown of the latest orders. In a concurring opinion on Monday, J...

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The Takings Clause

Episode Date: March 25, 2021

On today’s pod, Sarah and David give us an update on the goings on at the Supreme Court, with an in-depth look at a union takings case out West. “A Ca...

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Listener Mailbag Part II

Episode Date: March 15, 2021

Today, our hosts are taking a break from the news cycle to share some fun facts about the Supreme Court and answer a series of questions from their li...

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Nominal Damages

Episode Date: March 8, 2021

Katie Barlow, lawyer and media editor of SCOTUSBlog, sits in for David on today’s episode. Sarah and Katie kick off things by discussing the decision...

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Hot Pursuit

Episode Date: March 2, 2021

The Supreme Court heard oral arguments last week for Lange v. California, a Fourth Amendment case that will determine whether a police officer’s hot p...

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The Shadow Docket

Episode Date: February 26, 2021

Supreme Court Justice Clarence Thomas made headlines last week for his dissent to the majority’s denial of cert in Republican Party of Pennsylvania v....

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The Nondelegation Rumble

Episode Date: February 22, 2021

Originalists have recently come under fire for trying to reinvigorate an old principle in administrative law called the nondelegation doctrine, which...

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Nondelegation Doctrine

Episode Date: February 18, 2021

On Tuesday, Speech First, Inc. filed a free speech lawsuit alleging that the University of Central Florida and its officials “created a series of rule...

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Death Penalty Distortion

Episode Date: February 15, 2021

The Supreme Court on Thursday granted Alabama death row inmate Willie Smith’s request to have his pastor present at his execution, rejecting the state...

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Arguments About Arguments

Episode Date: February 11, 2021

During the second day of the impeachment hearings on Wednesday, we got some more video evidence from the House impeachment managers exhibiting just ho...

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Last Dance for Pandemic Law

Episode Date: February 8, 2021

After duking it out over their Super Bowl disagreement, David and Sarah get into the meat of today’s episode: The ongoing saga of religious liberty in...

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Defending a President

Episode Date: February 1, 2021

Last week, Vice President Kamala Harris ruffled West Virginia Democratic Sen. Joe Manchin’s feathers when she sat down with local television stations...

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Return of the TRO

Episode Date: January 28, 2021

A federal judge on Tuesday granted Texas Attorney General Ken Paxton’s request for a nationwide temporary restraining order blocking the Biden adminis...

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Mootness and Munsingwear

Episode Date: January 25, 2021

The Supreme Court “munsingweared” several cases in its Monday orders, including two Trump emoluments cases. After a deep dive into the legal history o...