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    Government

    The High Court Report – SCOTUS Oral Arguments

    The High Court Report makes Supreme Court decisions accessible to everyone.
    We deliver comprehensive SCOTUS coverage without the legal jargon or partisan spin—just clear analysis that explains how these cases affect your life, business, and community.

    What you get: Case previews and breakdowns, raw oral argument audio, curated key exchanges, detailed opinion analysis, and expert commentary from a practicing attorney who’s spent 12 years in courtrooms arguing the same types of cases the Supreme Court hears.

    Why it works: Whether you need a focused 10-minute update or a deep constitutional dive, episodes are designed for busy professionals, engaged citizens, and anyone who wants to understand how the Court shapes America.

    When we publish: 3-5 episodes weekly during the Court’s October-June term, with summer coverage of emergency orders and retrospective analysis.

    Growing archive: Oral arguments back to 2020 and expanding, so you can hear how landmark cases unfolded and track the Court’s evolution.
    Your direct line to understanding the Supreme Court—accessible, thorough, and grounded in real legal expertise.**

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    Copyright: © Copyright 2025 The High Court Report

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    Latest Episodes:
    Oral Argument: Kennedy, Sec. of H&HS v. Braidwood Mgmt., Inc. | Case No. 24-316 | Date Argued: 4/21/25 Apr 21, 2025
    Show notes

    Case Info: Kennedy, Sec. of H&HS v. Braidwood Mgmt., Inc. | Case No. 24-316 | Date Argued: 4/21/25

    Link to Docket: Here.

    Background:

    The U.S. Preventive Services Task Force (Task Force), which sits within the Public Health Service of the Department of Health and Human Services (HHS), issues clinical recommendations for preventive medical services, such as screenings and medications to prevent serious diseases. Under the Patient Protection and Affordable Care Act, Pub. L. No. 111 -148, 124 Stat. 119, health insurance issuers and group health plans must cover certain preventive services recommended by the Task Force without imposing any cost-sharing requirements on patients. 42 U.S.C. 300gg-13(a)(1).

    Question Presented: Whether the court of appeals erred in holding that the structure of the Task Force violates the Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2, and in declining to sever the statutory provision that it found to unduly insulate the Task Force from the HHS Secretary’s supervision.

    Oral Advocates:

    • For Petitioners: Hashim M. Mooppan, Principal Deputy Solicitor General, Department of Justice, Washington, D.C.
    • For Respondents: Jonathan F. Mitchell, Austin, Tex.

    Host Note: On 4/25/25, the Supreme Court ordered the parties to “file supplemental letter briefs addressing the following question: Whether Congress has ‘by Law’ vested the Secretary of the Department of Health and Human Services with the authority to appoint members of the United States Preventive Services Task Force. U. S. Const. art. II, §2, cl. 2.” Link to 4/25/25 Order: Here. On 5/5/25, the parties filed supplemental letter briefs.

    This may mean that the Supreme Court is skeptical of Respondent’s position that the Task Force members constitute principal officers and that the Supreme Court may not remand the question to the Fifth Circuit. Check out the exchange involving Mr. Mitchell on this point at 42:00.


    Opinion Summary: Cunningham v. Cornell University | Date Decided: 4/17/25 | Case No. 23-1007 Apr 17, 2025
    Show notes

    Case Info: Cunningham v. Cornell University | Date Decided: 4/17/25 | Case No. 23-1007

    Link to Docket: Here.

    Question Presented: Whether a plaintiff can state a claim by alleging that a plan fiduciary engaged in a transaction constituting a furnishing of goods, services, or facilities between the plan and a party in interest, as proscribed by 29 U.S.C. § 1106(a)(1)(C), or whether a plaintiff must plead and prove additional elements and facts not contained in the provision's text.

    Holding: To state a claim under §1106(a)(1)(C), a plaintiff need only plausi­bly allege the elements contained in that provision itself, without ad­dressing potential §1108 exemptions.

    Result: Reversed and remanded.

    Voting Breakdown: Justice Sotomayor delivered the opinion for a unanimous Court. Justice Alito filed a concurring opinion, in which Justice Thomas and Justice Kavanaugh joined.

    Link to Opinion: Here.

    Advocates:

    • For petitioners: Xiao Wang, Charlottesville, Va.; and Yaira Dubin, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.)
    • For respondents: Nicole A. Saharsky, Washington, D.C.

    Website Link to Oral Argument: Here.

    Apple Podcast Link to Oral Argument: Here.


    Opinion Summary: FDA v. Wages and White Lion Investments, LLC | Date Decided: 4/2/25 | Case No. 23-1038 Apr 02, 2025
    Show notes

    Case Info: FDA v. Wages and White Lion Investments, LLC | Date Decided: 4/2/25 | Case No. 23-1038

    Link to Docket: Here.

    Question Presented: Whether the court of appeals erred in setting aside FDA's denial orders as arbitrary and capricious.

    Holding: The Fifth Circuit’s conclusion that the FDA acted arbitrarily and capriciously in its adjudication of manufacturers’ premarket tobacco product applications is vacated because the FDA’s denial orders were sufficiently consistent with its predecisional guidance—as to scientific evidence, comparative efficacy, and device type—and thus did not run afoul of the change-in-position doctrine.

    Result: Vacated and remanded.

    Voting Breakdown: Justice Alito delivered the opinion for a unanimous Court. Justice Sotomayor filed a concurring opinion.

    Link to Opinion: Here.

    Oral Advocates:

    • For petitioner: Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D.C.
    • For respondents: Eric N. Heyer, Washington, D.C.

    Website Link to Oral Argument: Here.

    Apple Podcast Link to Oral Argument: Here.


    Opinion Summary: Medical Marijuana, Inc. v. Horn | Date Decided: 4/2/25 | Case No. 23-365 Apr 02, 2025
    Show notes

    Case Info: Medical Marijuana, Inc. v. Horn | Date Decided: 4/2/25 | Case No. 23-365

    Link to Docket: Here.

    Question Presented: Whether economic harms resulting from personal injuries are injuries to “business or property by reason of” the defendant's acts for purposes of civil RICO.

    Holding: Under civil RICO, §1964(c), a plaintiff may seek treble damages for business or property loss even if the loss resulted from a personal injury.

    Result: Affirmed and remanded.

    Voting Breakdown: Justice Barrett delivered the opinion of the Court, in which Justices Sotomayor, Kagan, Gorsuch, and Jackson joined. Justice Jackson filed a concur­ring opinion. Justice Thomas filed a dissenting opinion. Justice Kavanaugh filed a dissenting opinion, in which Chief Justice Roberts and Justice Alito joined.

    Link to Opinion: Here.

    Oral Advocates:

    • For petitioners: Lisa S. Blatt, Washington, D.C.
    • For respondent: Easha Anand, Stanford, Cal.

    Website Link to Oral Argument: Here.

    Apple Podcast Link to Oral Argument: Here.


    Oral Argument: Medina v. Planned Parenthood South Atlantic | Case No. 23-1275 | Date Argued: 4/2/25 Apr 02, 2025
    Show notes

    Case Info: Medina v. Planned Parenthood South Atlantic | Case No. 23-1275 | Date Argued: 4/2/25

    Link to Docket: Here.

    Background:

    More than 30 years ago, this Court first applied what would become known as the "Blessing factors," holding that a Medicaid Act provision created a privately enforceable right to certain reimbursement rates. Wilder v. Va. Hosp. Ass'n, 496 U.S. 498, 509-10 (1990). Later, the Court distilled from Wilder a multi-factor test for deciding whether a "statutory provision gives rise to a federal right" privately enforceable under Section 1983. Blessing v. Freestone, 520 U.S. 329, 340 (1997). Five years later, though, the Court disparaged Blessing's test while clarifying that only "an unambiguously conferred right is enforceable by § 1983." Gonzaga University v. Doe, 536 U.S. 273, 282 (2002). Then, in Health & Hospital Corp. of Marion County v. Talevski, 599 U.S. 166, 180 (2023), the Court doubled down on Gonzaga's "demanding bar."

    The Court did not apply Blessing or Wilder in Talevski, but it did not overrule them either. After the Court GVR'd this case in light of Talevski, the Fourth Circuit applied Wilder and Blessing again and reaffirmed its prior opinions, maintaining a 5-2 circuit split over the first question presented and a 3-1 circuit split over the proper reading of O'Bannon v. Town Court Nursing Center, 447 U.S. 773 (1980), which frames the second question.

    Questions Presented:

    1. Whether the Medicaid Act's any-qualified-provider provision unambiguously confers a private right upon a Medicaid beneficiary to choose a specific provider.

    2. What is the scope of a Medicaid beneficiary's alleged right to choose a provider that a state has deemed disqualified?

    Holding: Section 1396a(a)(23)(A) does not clearly and unambiguously confer individual rights enforceable under Section 1983.

    Result: Reversed and remanded.

    Voting Breakdown: 6-3. Justice Gorsuch delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas, Alito, Kavanaugh, and Barrett joined. Justice Thomas filed a concurring opinion. Justice Jackson filed a dissenting opinion, in which Justices Sotomayor and Kagan joined.

    Link to Opinion: Here.

    Oral Advocates:

    • For petitioner: John J. Bursch, Washington, D.C.; and Kyle D. Hawkins, Counselor to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.)
    • For respondents: Nicole A. Saharsky, Washington, D.C.


    Oral Argument: Fuld v. PLO | Case No. 24-20 | Date Argued: 4/1/25 Apr 01, 2025
    Show notes

    Case Info: Fuld v. PLO | Case No. 24-20 | Date Argued: 4/1/25

    Case consolidated with: United States v. PLO, Case No. 24-151.

    Link to Docket: Here.

    Background:

    The Anti-Terrorism Act (ATA), 18 U.S.C. § 2331 et seq., provides an extraterritorial private right of action for victims of terror attacks committed against American nationals abroad. In 2019, Congress amended the ATA by enacting the Promoting Security and Justice for Victims of Terrorism Act (PSJVTA). Under the PSJVTA, the Palestinian Liberation Organization (PLO) and Palestinian Authority (PA) "shall be deemed to have consented to personal jurisdiction" in an ATA action if: (a) more than 120 days after the statute's enactment, they pay any terrorist convicted of or killed while committing a terror attack against an American national, and the payment is made "by reason of' the conviction or terror attack, 18 U.S.C. § 2334(e) (1)(A); or (b) more than 15 days after the statute's enactment, they "conduct any activity" while physically present in the United States (with limited exceptions), id. § 2334(e)(1) (B).

    The PLO and PA engaged in both categories of conduct after the trigger dates. But in the decisions below, the Second Circuit facially invalidated the PSJVTA. The court held that the Fifth Amendment forbids Congress from specifying conduct that triggers a defendant's consent to federal jurisdiction unless the statute provides the defendant with some "governmental benefit" in return, and that the PLO and PA had not received such a benefit.

    Question Presented: Whether the PSJVTA violates the Fifth Amendment.

    Holding: The PSJVTA's personal jurisdiction provision does not violate the Fifth Amendment's Due Process Clause because the statute reasonably ties the assertion of jurisdiction over the PLO and PA to conduct involving the United States and implicating sensitive foreign policy matters within the prerogative of the political branches.

    Result: Reversed and remanded.

    Voting Breakdown: 9-0. Chief Justice Roberts delivered the opinion of the Court, in which Justice Alito, Justice Sotomayor, Justice Kagan, Justice Kavanaugh, Justice Barrett, and Justice Jackson joined. Justice Thomas filed an opinion concurring in the judgment, which Justice Gorsuch joined as to Part II.

    Link to Opinion: Here.

    Oral Advocates:

    • For Petitioners in 24-20: Kent A. Yalowitz, New York, N. Y.
    • For Petitioner in 24-151: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D.C.
    • For Respondents: Mitchell R. Berger, Washington, D.C.


    Oral Argument: Catholic Charities Bureau v. WI Labor Review Comm'n | Case No. 24-154 | Date Argued: 3/31/25 Mar 31, 2025
    Show notes

    Case Info: Catholic Charities Bureau v. WI Labor Review Comm'n | Case No. 24-154 | Date Argued: 3/31/25

    Link to Docket: Here.

    Background:

    Wisconsin exempts from its state unemployment tax system certain religious organizations that are "operated, supervised, controlled, or principally supported by a church or convention or association of churches" and that are also "operated primarily for religious purposes."

    Petitioners are Catholic Charities of the Diocese of Superior and several sub-entities. Although all agree Catholic Charities is controlled by a church-the Diocese of Superior-the Wisconsin Supreme Court held that Catholic Charities is not "operated primarily for religious purposes" and thus does not qualify for the tax exemption. Specifically, the court held that Catholic Charities' activities are not "typical" religious activities because Catholic Charities serves and employs non-Catholics, Catholic Charities does not "attempt to imbue program participants with the Catholic faith," and its services to the poor and needy could also be provided by secular organizations.

    Questions Presented:

    1. Does a state violate the First Amendment's Religion Clauses by denying a religious organization an otherwise-available tax exemption because the organization does not meet the state's criteria for religious behavior?
    2. In addressing federal constitutional challenges, may state courts require proof of unconstitutionality "beyond a reasonable doubt?"

    Holding: The Wisconsin Supreme Court’s application of § 108.02(15)(h)(2) to petitioners violates the First Amendment.

    Result: Reversed and remanded.

    Voting Breakdown: 9-0. Justice Sotomayor delivered the opinion for a unanimous Court. Justices Thomas and Jackson each filed concurring opinions.

    Link to Opinion: Here.

    Oral Advocates:

    • For petitioners: Eric C. Rassbach, Washington, D. C.; and Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.)
    • For respondents: Colin T. Roth, Assistant Attorney General, Madison, Wis.

    Website Link to Opinion Summary: Here.

    Apple Podcast Link to Opinion Summary: Here.


    Oral Argument: Rivers v. Guerrero | Case No. 23-1345 | Date Argued: 3/31/25 Mar 31, 2025
    Show notes

    Case Info: Rivers v. Guerrero | Case No. 23-1345 | Date Argued: 3/31/25 | Date Decided: 6/12/25

    Link to Docket: Here.

    Background:

    Under the federal habeas statute, a prisoner "always gets one chance to bring a federal habeas challenge to his conviction," Banister v. Davis, 590 U.S. 504, 509 (2020). After that, the stringent gatekeeping requirements of 28 U.S.C. § 2244(b)(2) bar nearly all attempts to file a "second or successive habeas corpus application." Here, petitioner sought to amend his initial habeas application while it was pending on appeal. The Fifth Circuit applied § 2244(b)(2) and rejected the amended filing.

    The circuits are intractably split on whether § 2244(b)(2) applies to such filings. The Fifth, Sixth, Seventh, Eighth, Ninth, and Eleventh Circuits hold that § 2244(b)(2) categorically applies to all second-in-time habeas filings made after the district court enters final judgment. The Second Circuit disagrees, applying § 2244(b)(2) only after a petitioner exhausts appellate review of his initial petition. And the Third and Tenth Circuits exempt some second-in-time filings from § 2244(b)(2), depending on whether a prisoner prevails on his initial appeal (Third Circuit) or satisfies a seven-factor test (Tenth Circuit).

    Question Presented: Whether § 2244(b)(2) applies (i) only to habeas filings made after a prisoner has exhausted appellate review of his first petition, (ii) to all second-in-time habeas filings after final judgment, or (iii) to some second-in-time filings, depending on a prisoner's success on appeal or ability to satisfy a seven-factor test.

    Holding: Once a district court enters its judgment with respect to a first-filed habeas petition, a second-in-time filing qualifies as a "second or successive application" properly subject to the requirements of Section 2244(b).

    Result: Affirmed.

    Voting Breakdown: 9-0. Justice Jackson delivered the opinion for a unanimous court. There were no concurring opinions.

    Link to Opinion: Here.

    Oral Advocates:

    • For petitioner: Peter A. Bruland, Washington, D.C.
    • For respondent: Aaron L. Nielson, Solicitor General, Austin, Tex.; and Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)

    Website Link to Opinion Summary: Here.

    Apple Podcast Link to Opinion Summary: Here.


    Opinion Summary: United States v. Miller | Date Decided: 3/26/25 | Case No. 23-824 Mar 26, 2025
    Show notes

    Case Info: United States v. Miller | Date Decided: 3/26/25 | Case No. 23-824

    Link to Docket: Here.

    Question Presented: Whether a bankruptcy trustee may avoid a debtor's tax payment to the United States under Section 544(b) when no actual creditor could have obtained relief under the applicable state fraudulent-transfer law outside of bankruptcy.

    Holding: Section 106(a)’s sovereign-immunity waiver applies only to a §544(b) claim itself and not to state-law claims nested within that fed­eral claim.

    Result: Reversed.

    Voting Breakdown: Justice Jackson delivered the opinion of the Court, joined by Chief Justice Roberts, along with Justices Thomas, Alito, Sotomayor, Kagan, Kavanaugh and Barrett. Justice Gorsuch filed a dissenting opinion.

    Link to Opinion: Here.

    Oral Advocates:

    • For petitioner: Yaira Dubin, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
    • For respondent: Lisa S. Blatt, Washington, D. C.

    Website Link to Oral Argument: Here.

    Apple Podcast Link to Oral Argument: Here.


    Opinion Summary: Bondi, Att'y Gen. v. VanDerStok | Date Decided: 3/26/25 | Case No. 23-852 Mar 26, 2025
    Show notes

    Case Info: Bondi, Att'y Gen. v. VanDerStok | Date Decided: 3/26/25 | Case No. 23-852

    Link to Docket: Here.

    Questions Presented:

    1. Whether "a weapon parts kit that is designed to or may readily be completed, assembled, restored, or otherwise converted to expel a projectile by the action of an explosive," 27 C.F.R. 478.11, is a "firearm" regulated by the Gun Control Act of 1968 (GCA); and
    2. Whether "a partially complete, disassembled, or nonfunctional frame or receiver" that is "designed to or may readily be completed, assembled, restored, or otherwise converted to function as a frame or receiver," 27 C.F.R. 478.12(c), is a "frame or receiver" regulated by the GCA.

    Holding: The ATF’s rule is not facially inconsistent with the GCA. The GCA’s statute’s text, context, and structure make clear the GCA reaches some weapon parts kits and unfinished frames or receivers.

    Result: Reversed and remanded.

    Voting Breakdown: Justice Gorsuch delivered the opinion of the Court, in which Chief Justice Roberts and Justices Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson joined. Justices Sotomayor, Kavanaugh, and Jackson each filed concurring opinions. Justices Thomas and Alito each filed dissenting opinions.

    Link to Opinion: Here.

    Oral Advocates:

    • For petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C.
    • For respondents: Peter A. Patterson, Washington, D. C.

    Website Link to Oral Argument: Here.

    Apple Podcast Link to Oral Argument: Here.


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