SCOTUScast

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City of San Antonio v. Hotels.com - Post-Argument SCOTUScast May 19, 2021

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On April 21, 2021 the Supreme Court heard oral argument in City of San Antonio v. Hotels.com. The question before the Court was whether, as the U.S. Court of Appeals for the 5th Circuit alone has held, district courts “lack[] discretion to deny or reduce” appellate costs deemed “taxable” in district court under Federal Rule of Appellate Procedure 39(e).
Charles Campbell, Associate Professor of Law and Interim Dean at Faulkner University's Jones School of Law, joins us today to discuss this case's oral argument.

Caniglia v. Strom - Post-Decision SCOTUScast May 19, 2021

Show notes

On May 17, 2021 the Supreme Court decided Caniglia v. Strom. The issue was whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home.
In a 9-0 opinion authored by Justice Thomas, the Court vacated the ruling of the Court of Appeals for the First Circuit and remanded the case. The Supreme Court held, “Neither the holding nor logic of Cady v. Dombrowski justifies the removal of Edward Caniglia’s firearms from his home by police officers under a ‘community caretaking exception’ to the Fourth Amendment’s warrant requirement."
Chief Justice Roberts filed a concurring opinion, in which Justice Breyer joined. Justices Alito and Kavanaugh also filed concurring opinions.
Robert Frommer, Senior Attorney at the Institute for Justice, joins us to discuss this decision and its implications.

Minerva Surgical Inc. v. Hologic Inc. - Post-Argument SCOTUScast May 18, 2021

Show notes

On April 21, 2021 the Supreme Court heard oral argument in Minerva Surgical Inc. v. Hologic Inc. The question before the Court was whether a defendant in a patent infringement action who assigned the patent, or is in privity with an assignor of the patent, may have a defense of invalidity heard on the merits.
Daniel Ortiz, Michael J. and Jane R. Horvitz Distinguished Professor of Law and Director of the Supreme Court Litigation Clinic at the University of Virginia School of Law, joins us today to discuss this case's oral argument.

United States v. Gary - Post-Argument SCOTUScast May 18, 2021

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On April 20, 2021 the Supreme Court heard oral argument in United States v. Gary. The question before the Court was whether a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. 922(g)(1) and 924(a), is automatically entitled to plain-error relief if the district court did not advise him that one element of that offense is knowledge of his status as a felon, regardless of whether he can show that the district court’s error affected the outcome of the proceedings.
Robert Leider, Assistant Professor of law at Antonin Scalia Law School at George Mason University, joins us today to discuss this case's oral argument.

Terry v. United States - Post-Argument SCOTUScast May 11, 2021

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On May 4, 2021 the Supreme Court heard oral argument in Terry v. United States. The question before the court was whether pre-August 3, 2010, crack offenders sentenced under 21 U.S.C. § 841(b)(1)(C) have a “covered offense” under Section 404 of the First Step Act.
Vikrant Reddy, Senior Reserch Fellow at the Charles Koch Institute, joins us today to discuss this case's oral argument.

Carr v. Saul - Post-Decision SCOTUScast Apr 30, 2021

Show notes

On April 22, 2021 the Supreme Court decided Carr v. Saul. was whether a claimant seeking disability benefits under the Social Security Act forfeits an Appointments Clause challenge to the appointment of an administrative law judge by failing to present that challenge during administrative proceedings.
In a 9-0 opinion authored by Justice Sotomayor, the Court reversed the ruling of the United States Court of Appeals for the Tenth Circuit and remanded the case. The Supreme Court held, “Principles of issue exhaustion do not require Social Security disability claimants to argue at the agency level that the administrative law judges hearing their disability claims were unconstitutionally appointed.”
Justice Thomas filed an opinion concurring in part and concurring in the judgment, in which Justices Gorsuch and Barrett joined. Justice Breyer filed an opinion concurring in part and concurring in the judgment.
Thomas Berry, Research Fellow at the Robert A. Levy Center for Constitutional Studies of Cato Institute and Managing Editor of the Cato Supreme Court Review, joins us today to discuss this decision and its implications.

Mahanoy Area School District v. B.L. - Post-Argument SCOTUScast Apr 30, 2021

Show notes

On April 28, 2021 the Supreme Court heard oral argument in Mahanoy Area School District v. B.L. The question before the court was whether Tinker v. Des Moines Independent Community School District, which holds that public school officials may regulate speech that would materially and substantially disrupt the work and discipline of the school, applies to student speech that occurs off campus.
Michael Dimino, Professor of Law at Widener University Commonwealth Law School, joins us today to discuss this case's oral argument.

Sanchez v. Mayorkas - Post-Argument SCOTUScast Apr 29, 2021

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On April 19, 2021 the Supreme Court heard oral argument in Sanchez v. Mayorkas. The question before the court was under 8 U.S.C. § 1254a(f)(4), a grant of temporary protected status authorizes eligible noncitizens to obtain lawful-permanent-resident status under 8 U.S.C. § 1255.
Hon. Grover Joseph Rees joins us today to dicsuss this case's oral argument.

Jones v. Mississippi - Post-Decision SCOTUScast Apr 28, 2021

Show notes

On April 22, 2021 the Supreme Court decided Jones v. Mississippi. The issue was whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible before imposing a sentence of life without parole.
In a 6-3 opinion authored by Justice Kavanaugh, the Court affirmed the ruling of the Supreme Court of Mississippi, holding, “The Eighth Amendment does not require a finding that a juvenile is permanently incorrigible before imposing a sentence of life without parole.”
Justice Thomas filed an opinion concurring in the judgment. Justice Sotomayor filed a dissenting opinion, in which Justices Breyer and Kagan joined.
Marc Levin, Chief Policy Counsel for the Council on Criminal Justice and Senior Advisor of Right on Crime, joins us today to discuss this case and its implications.

United States v. Cooley - Post-Argument SCOTUScast Apr 26, 2021

Show notes

On March 23, 2021 the Supreme Court heard oral argument in United States v. Cooley. The question before the court was whether the lower courts erred in suppressing evidence on the theory that a police officer of an Indian tribe lacked authority to temporarily detain and search the respondent, Joshua James Cooley, a non-Indian, on a public right-of-way within a reservation based on a potential violation of state or federal law.
Anthony J. Ferate, Of Counsel at Spencer Fane LLP, joins us today to discuss this case's oral argument.

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