Audio Arguendo

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USCA, D.C. Circuit Al Alwi v. Trump, Case No. 17-5067 Mar 21, 2018

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War Powers: In the case of a Guantanamo detainee captured in 2001, does the Authorization for the Use of Military Force authorize his continued detention pursuant to the existence of hostilities in Afghanistan? - Argued March 20, 2018

U.S. Supreme Court Minnesota Voters Alliance v. Mansky, Case No. 16-1435 Mar 02, 2018

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First Amendment: Is Minnesota Statute Section 211B.11, which broadly bans all political apparel at the polling place, facially overbroad under the First Amendment? - Argued February 28, 2018

U.S. Supreme Court Lozman v. Riviera Beach, Case No. 17-21 Mar 02, 2018

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First Amendment: Does the existence of probable cause defeat a First Amendment retaliatory-arrest claim as a matter of law? - Argued February 27, 2018

U.S. Supreme Court United States v. Microsoft, Case No. 17-2 Mar 02, 2018

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Fourth Amendment: Whether a United States provider of email services must comply with a probable-cause based warrant issued under 18 U.S.C. 2703 by making disclosure in the United States of electronic communications within that provider's control, even if the provider has decided to store that material abroad. - Argued February 27, 2018

U.S. Supreme Court Ohio v. American Express, Case No. 16-1454 Mar 02, 2018

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Antitrust: Under the "rule of reason," did the Government's showing that Amex's anti-steering provisions stifled price competition on the merchant side of the credit-card platform suffice to prove anticompetitive effects and thereby shift to Amex the burden of establishing any procompetitive benefits from the provisions? - Argued February 26, 2018

U.S. Supreme Court Janus v. State, County, and Municipal Employees, Case No. 16-1466 Mar 02, 2018

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First Amendment: Should Abood v. Detroit Board of Education, 431 U.S. 209 (1977) be overruled and public sector agency fee arrangements declared unconstitutional under the First Amendment? - Argued February 26, 2018

U.S. Supreme Court Dahda v. United States, Case No. 17-43 Feb 23, 2018

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Criminal Procedure: Whether Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. 2510-2520, requires suppression of evidence obtained pursuant to a wiretap order that is facially insufficient because the order exceeds the judge's territorial jurisdiction. - Argued February 21, 2018

U.S. Supreme Court Rosales-Mireles v. United States, Case No. 16-9493 Feb 23, 2018

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Criminal Procedure: In United States v. Olano, this Court held that, under the fourth prong of plain error review, "[t]he Court of Appeals should correct a plain forfeited error affecting substantial rights if the error ‘seriously affect[s] the fairness, integrity, or public reputation of judicial proceedings." 507 U.S. 725, 736 (1993). To meet that standard, is it necessary, as the Fifth Circuit Court of Appeals required, that the error be one that "would shock the conscience of the common man, serve as a powerful indictment against our system of Justice, or seriously call into question the competence or integrity of the district judge?" - Argued February 21, 2018

U.S. Supreme Court City of Hays v. Vogt, Case No. 16-1495 Feb 23, 2018

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Criminal Procedure: Whether the Fifth Amendment is violated when statements are used at a probable cause hearing but not at a criminal trial. - Argued February 20, 2018

U.S. Supreme Court Currier v. Virginia, Case No. 16-1348 Feb 23, 2018

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Criminal Procedure: Whether a defendant who consents to severance of multiple charges into sequential trials loses his right under the Double Jeopardy Clause to the issue-preclusive effect of an acquittal. - Argued February 20, 2018

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