Scotustalk

At the conclusion of the October argument sitting, longtime SCOTUSblog contributor Mark Walsh joins Amy Howe to select 10 big themes from the court’s first in-person arguments since the start of the pandemic. See acast.com/privacy for privacy and opt-out information.

As the court begins its 2021-22 term and the justices return to the courtroom for the first in-person arguments in a year and a half, Katie Barlow rejoins Amy Howe to talk October arguments, new cert grants, and the justices’ gripes about the media. See acast.com/privacy for privacy and opt-out information.

Amy Howe is joined by SCOTUSblog’s media editor, Katie Barlow, to preview the court’s upcoming “long conference,” where the justices will sort through hundreds of cert petitions that have been filed over the summer. The pair also dig into the justices’ recent spate of speeches criticizing the press. See acast.com/privacy for privacy and opt-out information.

Over a two-week period, the Supreme Court issued three momentous rulings on its shadow docket: one on abortion, another on evictions, and a third on asylum policy. SCOTUSblog’s publisher and co-founder, Tom Goldstein, joins the podcast to break down all three. See acast.com/privacy for privacy and opt-out information.

CNN legal analyst Joan Biskupic is known for getting exclusive stories – the most recent of which was her interview last month with Justice Stephen Breyer. She joins SCOTUStalk to discuss Breyer’s retirement calculations, what she’s watching in the upcoming term, and how she approaches Supreme Court analysis. See acast.com/privacy for privacy and opt-out information.

Jeffrey Fisher, the co-director of Stanford Law’s Supreme Court Litigation Clinic, has more than 40 Supreme Court arguments under his belt. He joins SCOTUStalk to discuss his non-traditional path to becoming a top oral advocate, and he breaks down key moments from two of his arguments during the 2020-21 term, when all arguments were over the telephone. This interview is part of SCOTUStalk’s occasional “SCOTUS spotlight” series, which features in-depth interviews with Supreme Court litigators about how they approach oral arguments. See acast.com/privacy for privacy and opt-out information.

SCOTUSblog has shone a light on the shadow docket, but as its breadth and import evolves, so must those who cover it. Professor Steve Vladeck, who has written on the topic extensively and recently testified before the House Judiciary Committee, joins SCOTUStalk to discuss the shadow docket’s significance and how to better capture all of the court’s work. See acast.com/privacy for privacy and opt-out information.

SCOTUSblog founders Amy Howe and Tom Goldstein look back on the 2020-21 term. The pair examine how Justice Amy Coney Barrett is settling in and review some of the term’s most noteworthy decisions, particularly on the First Amendment. Plus, a few predictions for next term, including on Justice Stephen Breyer’s possible retirement. See acast.com/privacy for privacy and opt-out information.

Anna Salvatore started High School SCOTUS as a way to explain the Supreme Court’s work to high schoolers. After early success, the site has blossomed into a nationwide publication pulling in high school journalists from across the country – students like freshman Elise Spenner. Salvatore and Spenner join SCOTUStalk to discuss their work, what’s next for High School SCOTUS, and their thoughts on this term’s student speech case, Mahanoy Area School District v. B.L. See acast.com/privacy for privacy and opt-out information.

Voting-rights activist and Georgia politician Stacey Abrams joins SCOTUStalk to discuss her new novel, While Justice Sleeps, a thriller about the Supreme Court. We talk with Abrams about her writing process, being told “no” multiple times for what is now a New York Times bestseller, and what it’s like to be one of the few women writing fiction set at the high court. Abrams also hints at what’s next for her main character -- and for her own life. See acast.com/privacy for privacy and opt-out information.

Lyle Denniston, a 60-year veteran of the Supreme Court press corps, returns to SCOTUStalk to assess how the court’s ideological balance has shifted this term, whether Clarence Thomas will keep talking during oral arguments next term, and whether Stephen Breyer will retire. As is always the case, you can’t listen to Lyle and not learn something. See acast.com/privacy for privacy and opt-out information.

In a city full of anonymous sources, the Supreme Court is famously leak-proof. But a century ago, the court had a serious leak on its hands. Judge John Owens of the U.S. Court of Appeals for the 9th Circuit joins SCOTUStalk to tell the tale of Ashton Embry, the Supreme Court clerk who was at the center of the scandal. He also shares stories from his time clerking for Justice Ruth Bader Ginsburg, opens up about how the 9th Circuit is coping in the COVID era, and reveals his thoughts on cameras in the courtroom. See acast.com/privacy for privacy and opt-out information.

It has been a busy month for the Supreme Court, with no slowing down in sight. SCOTUSblog’s media editor, Katie Barlow, turns the mic around on host Amy Howe to get the latest. The pair discuss the court’s recent oral arguments in Cedar Point Nursery v. Hassid, a dispute pitting property rights against union organizing, and a hot-button 4th Amendment issue in Caniglia v. Strom. They also talk about the court’s major 4th Amendment decision in Torres v. Madrid and preview what’s coming up, including the perfectly timed NCAA v. Alston. See acast.com/privacy for privacy and opt-out information.

This week, Amy Howe chats with a high-octane group of fiction writers who have all dabbled in Supreme Court suspense storytelling. Brad Meltzer is the #1 New York Times bestselling author of The Tenth Justice. Anthony Franze is a member of Arnold & Porter’s appellate and Supreme Court practice and also the critically acclaimed author of several novels set at the court, including The Last Justice. Joseph Finder is the New York Times bestselling author of Guilty Minds. Some days the news feels like we are in a fiction novel, but these guys take it to a whole new level. See acast.com/privacy for privacy and opt-out information.

President Joe Biden has pledged to nominate a Black woman to the Supreme Court if a vacancy occurs. In the meantime, he hopes to fill the rest of the federal judiciary with as many nominees as he can (some of whom could soon become SCOTUS short-listers). Amy Howe speaks with The Washington Post’s Ann Marimow about judicial vacancies and what to expect in the coming months. Marimow recently co-authored an in-depth article on the topic. See acast.com/privacy for privacy and opt-out information.

Robert Barnes, the 15-year veteran Supreme Court reporter for The Washington Post, joins Amy Howe to take stock of the court’s term so far and look at what’s ahead. The two recap the January argument session — including Justice Elena Kagan’s now-famous Taylor Swift reference — and they try to answer the question everyone has been asking: What will Justice Stephen Breyer do? See acast.com/privacy for privacy and opt-out information.

President-elect Joe Biden has not yet announced a nominee for solicitor general, the top lawyer who represents the government before the Supreme Court. SCOTUStalk host Amy Howe and SCOTUSblog’s media editor, Katie Barlow, discuss potential picks. The next solicitor general could be a Washington insider, or it could be someone unexpected -- like Elena Kagan, who had never argued a case before the Supreme Court when President Barack Obama chose her as solicitor general in 2009. The two also discuss who may be on the short list for a Supreme Court nomination if a justice were to retire in the coming year. See acast.com/privacy for privacy and opt-out information.

The Supreme Court changed dramatically last year, and more changes could be in store in 2021. SCOTUSblog publisher Tom Goldstein joins SCOTUStalk host Amy Howe to talk about what happened in 2020 and what’s next for the court. They discuss Justice Amy Coney Barrett’s early impact, the benefits and drawbacks of remote oral arguments, and how the court has handled President Donald Trump’s attempts to overturn the election. They also look ahead to what a Biden administration could do on day one to change the trajectory of some important upcoming cases, including disputes over border-wall funding and the Trump administration’s “remain in Mexico” immigration policy — both currently set for oral argument in the next two months. See acast.com/privacy for privacy and opt-out information.

Since 2011, there has been “an explosion” of amicus briefs at the Supreme Court, according to Arnold & Porter’s Anthony Franze and R. Reeves Anderson, who study the issue and recently wrote an article examining the decade-long trend. Franze and Anderson join SCOTUStalk host Amy Howe for a look at how amicus briefs have evolved. They examine what type of amicus brief is likely to influence the court, how the justices interact with the briefs and, most importantly, how to correctly pronounce “amicus.” See acast.com/privacy for privacy and opt-out information.

Beth Brinkmann, the co-chair of the appellate and Supreme Court litigation group at Covington & Burling, has argued 25 cases before the Supreme Court and is one of the most experienced advocates practicing today. In the latest episode in our “SCOTUS spotlight” series on oral advocacy, SCOTUStalk host Amy Howe sits down with Brinkmann to talk about what it takes to develop that level of expertise. Brinkmann recounts her first oral argument before the court while working in the solicitor general’s office -- and later, helping change that office’s hiring practices to allow more women to work there. She offers advice for lawyers appearing before the court and tells a memorable story about giving birth, winning a case and losing her mentor, Justice Harry Blackmun, all within 48 hours. See acast.com/privacy for privacy and opt-out information.